UPDATED on July 21, 1998

For ease of reading I have strike through the deleted portions and made bold the new admended verbage.


LEGISLATIVE COUNSEL'S DIGEST

SB 2102, as amended, Rosenthal. Dogs: breeding and sale. (1) Existing law, the Polanco-Lockyer Pet Breeder Warranty Act, contains provisions regulating the breeding and sale of dogs. Existing law defines "dog breeder" and "breeder," for purposes of these provisions.
This bill would redefine these terms.

(2) Existing law provides that if a breeder violates provisions relating to the sale of ill or diseased dogs, the breeder shall be subject to certain civil penalties, or shall be prohibited from selling dogs for specified periods of time, or both. For a first offense, a breeder is subject to a civil penalty of up to $1,000, and may be prohibited from selling dogs for up to 30 days, or both. This bill would instead impose a civil penalty of up to $500 against any breeder for a first offense violation of these provisions revise these penalties .

(3) Existing law provides purchaser remedies in cases where a breeder has sold an ill or diseased dog. Existing law further provides that if the dog has died, regardless of the date of death of the dog, the purchaser shall obtain a refund for the purchase price of the dog and other specified expenses if certain conditions exist. This bill would provide that if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, the dog dies or must be destroyed, and if certain other remedies have not been exercised, then the purchaser shall obtain a refund for the purchase price of the dog and other expenses.

(4) Existing law provides that, except as otherwise specified, any person violating any provision relating to the sale of dogs by breeders, other than the provisions relating to the sale of ill or diseased dogs, shall be subject to civil penalty of up to $1,000 per violation, and an action may be prosecuted in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court, or by the city attorney in the city where the violation occurred. This bill would provide that every seller of dogs who claims that he or she does not meet the definition of breeder shall, in response to a court action, produce documentation of sales for the most recent 12-month period to verify his or her claim, and that failure to produce this documentation shall give rise to a presumption that the seller of dogs is a breeder. It would further provide that any seller of dogs who fails to produce documentation verifying the claim that he or she does not meet the definition of breeder, and who has also violated provisions relating to the sale of ill or diseased dogs, shall be subject to additional specified penalties. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.



SECTION 1. Section 122045 of the Health and Safety Code is amended to read:
122045. (a) This article shall be known and may be cited as the Polanco-Lockyer Pet Breeder Warranty Act.
(b) Every breeder of dogs shall comply with this article. As used in this article, "dog breeder," or "breeder" means a person, firm, partnership, corporation, or other association that has sold or transferred for the purpose of selling one litter of dogs, or any portion of a litter, more than once in a 24-month period eight or more dogs in a 12-month period, or whose gross sales of dogs for a 12-month period is three thousand dollars ($3,000) or more, that were bred and reared on the premises of the person, firm, partnership, corporation, or other association or were bred by a third party through a contractual arrangement and then returned to the breeder for the purpose of selling or transferring for the purpose of selling the dog or dogs.
(c) For the purposes of this article, "purchaser" means any person who purchases a dog from a breeder or who purchases a dog from an individual acting on the breeder's behalf.
(d) This article shall not apply to pet dealers regulated under Article 2 (commencing with Section 122125), or to publicly operated pounds, humane societies, or privately operated rescue organizations.
SEC. 2. Section 122060 of the Health and Safety Code is amended to read:
122060. Except as provided for in paragraph (6) of subdivision (a) of Section 122050, no breeder shall knowingly sell a dog that is diseased, ill, or has a condition, any one of which that requires hospitalization or nonelective surgical procedures. In lieu of the civil penalties imposed pursuant to Section 122110, any breeder who violates this section shall be subject to a civil penalty of up to five hundred dollars ($500). If there is a second offense, the breeder shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500), or a prohibition from selling dogs for up to three years nine months , or both. For a third offense, the breeder shall be subject to a civil penalty of up to five thousand dollars ($5,000), or a prohibition from selling dogs for up to five years {+ 18 months , or both. For a fourth and subsequent offense, the breeder shall be subject to a civil penalty of up to ten thousand dollars ($10,000) or a prohibition from selling dogs for up to 10 three years, or both. For the purpose of this section, a violation that occurred over five years prior to the most recent violation shall not be considered.
An action for recovery of the civil penalty and for a court order enjoining the breeder from engaging in the business of selling dogs at retail or wholesale for the period set forth in this section, may be prosecuted by the district attorney for the county in which the violation occurred, or the city attorney for the city in which the violation occurred, in the appropriate court.
SEC. 3. Section 122070 of the Health and Safety Code is amended to read:
122070. (a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a breeder, the dog has become ill due to any illness or disease that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and the breeder shall provide the purchaser with any of the following remedies that the purchaser elects:
(1) Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, including sales tax.
(2) Exchange the dog for a dog of the purchaser's choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, plus sales tax on the original purchase price of the dog.
(3) Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax.
(b) If within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, the dog dies or must be destroyed, and if a remedy has not been exercised under subdivision (a) prior to the dog's death, obtain a refund for the purchase price of the dog, plus sales tax, or a replacement dog of equivalent value of the purchaser's choice, and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the purchase price of the dog, plus sales tax, if any of the following conditions exist:
(1) A veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a breeder.
(2) A veterinarian, licensed in this state, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a breeder.

SEC. 4. Section 122110 of the Health and Safety Code is amended to read:
122110. (a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122060 shall be subject to civil penalty of up to one thousand dollars ($1,000) per violation. An action may be prosecuted in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred.
(b) Every seller of dogs who claims that he or she does not meet the definition of breeder specified in subdivision (b) of Section 122045, shall, in response to a court action, produce documentation of sales for the most recent 12-month period to verify his or her claim. Failure to produce documentation of sales to verify the claim shall give rise to a presumption that the seller of dogs is a breeder.
(c) Any seller of dogs who fails to produce documentation verifying the claim that he or she does not meet the definition of breeder, in accordance with subdivision (b), and who has also violated Section 122060, shall be subject to the penalties specified under both subdivision (a) and Section 122060. (d)
Nothing in this article limits or authorizes any act or omission that violates Section 597l of the Penal Code.