BILL ANALYSIS                                                                                                                                                                                                    Ó

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          945 (Monning)

          As Amended  August 1, 2016

          Majority vote

          SENATE VOTE:  32-0

          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |Business &      |15-0 |Salas, Brough, Baker, |                    |
          |Professions     |     |Bloom, Campos,        |                    |
          |                |     |Chávez, Dodd, Eggman, |                    |
          |                |     |Gatto, Gomez, Holden, |                    |
          |                |     |Jones, Mullin, Ting,  |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |Appropriations  |18-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Holden, Jones, Quirk, |                    |
          |                |     |Santiago, Wagner,     |                    |


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          |                |     |Weber, Wood, Chau     |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |

          SUMMARY:  Establishes standards for pet boarding facilities and  
          pet boarding operators, as specified.  Specifically, this bill:   
          1)Defines "enrichment" to mean providing objects or activities,  
            appropriate to the needs of the species, as well as the age,  
            size, and condition of the pet that stimulate the pet and  
            promote the pet's well-being.
          2)Defines "person" to mean an individual, partnership, firm,  
            Limited Liability Company, joint-stock company, corporation,  
            association, trust, estate, or other legal entity.

          3)Defines "pet" to mean any nonhuman animal housed in the pet  
            boarding facility including, but not limited to, mammals,  
            birds, reptiles and amphibians, but does not include a horse.

          4)Defines "pet boarding facility" to mean any lot, building,  
            structure, enclosure, or premises, or portion thereof,  
            whereupon four or more dogs, cats, or other pets in any  
            combination are boarded at the request of, and in exchange for  
            compensation provided by their owner, but does not include a  
            city, county, or city and county animal control agency,  
            society for the prevention of cruelty to animals, or humane  
            society that contracts for the care of stray or abandoned  
            animals, or the premises of a registered veterinary facility.

          5)Defines a "pet boarding facility operator" to mean a person  
            who owns or operates, or both, a pet boarding facility.

          6)Defines a "permanent or fixed enclosure" to mean a structure,  


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            including, but not limited to, an exercise run, kennel, or  
            room, used to restrict a pet, that provides for the effective  
            separation of a pet from the pet's waste products.

          7)Defines a "temporary enclosure" to mean a structure used to  
            restrict a pet, including, but not limited to, a crate or cage  
            that does not provide for the effective separation of a pet  
            from the pet's waste product.

          8)Requires each pet boarding facility operator to be responsible  
            for all of the following:

             a)   Ensuring the entire pet boarding facility, including all  
               equipment therein, is structurally sound and maintained in  
               good repair;
             b)   Ensuring that pests do not inhabit any part of the pet  
               boarding facility in a number large enough to be harmful,  
               threatening, or annoying to the pets;

             c)   Ensuring the containment of pets within the pet boarding  
               facility, and in the event the pet escapes, being  
               responsible for reporting this fact immediately to the  
               local agency responsible for animal control and to the  
               owner and making reasonable efforts to immediately capture  
               the escaped pet;

             d)   Ensuring that the pet boarding facility's interior  
               building surfaces, including walls and floors, are  
               constructed in a manner that permits them to be readily  
               cleaned and sanitized;

             e)   Ensuring that light, by natural or artificial means, is  
               distributed in a manner that permits routine inspection and  


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               cleaning, and the proper care and maintenance of the pets;

             f)   If grooming services are offered by a pet boarding  
               facility, separating the grooming work area from the pet  
               boarding facility's permanent or fixed or temporary  
               enclosures and ensuring that the grooming area is cleaned  
               and sanitized at least once daily;

             g)   Storing food in an area separate from permanent or fixed  
               enclosures or temporary enclosures; and, 

             h)   Maintaining an area for isolating sick pets from healthy  

          9)Requires each permanent and fixed enclosure and temporary  
            enclosure to comply with all of the following:
             a)   Be structurally sound and maintained in good repair to  
               protect the enclosed pet from injury, to contain the pet,  
               to keep other animals out, and to promote the health and  
               well-being of the pet;
             b)   Be maintained in a comfortable and sanitary manner, and  
               when being cleaned in a manner or with a substance that is  
               or may be harmful to a pet within the enclosure, the pet  
               must be removed from the enclosure;

             c)   Be constructed of material suitable for regular cleaning  
               and sanitizing; 

             d)   Provide heating, cooling, lighting, ventilation, shade,  
               and protection from the elements, as needed to ensure the  
               comfort and well-being of the pet; and, 


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             e)   Allow a pet to turn around freely, stand easily, and sit  
               or lie down in a comfortable position.

          10)Requires each enclosure to be either a permanent or fixed  
            enclosure or a temporary enclosure.
          11)Requires a permanent or fixed closure for a cat to provide an  
            elevated platform, as specified.

          12)States that a pet may be contained in a temporary enclosure  
            for a period not to exceed four hours during the day and 12  
            hours at night or the length of time that is humane for that  
            particular pet, whichever is less; and the pet must remain  
            outside the temporary enclosure for no less than the amount of  
            time needed for the pet to eliminate its waste.

          13)Requires a pet boarding facility operator to comply with all  
            of the following animal care requirements:

             a)   House only one pet at a time in an enclosure, unless  
               otherwise consented to by the owner;
             b)   Observe each pet as necessary, but no less than once  
               every 24 hours, in order to recognize the signs of  
               sickness, injury, or distress, and in order to ensure that  
               the pet, food and waste or debris is removed as necessary  
               to prevent contamination or injury;

             c)   Provide each pet with easy and convenient access to  
               potable water at all times, or if the behavior of the pet  
               makes unrestricted access to water impracticable, offer  
               water as often as necessary to ensure the pet's health and  
               well-being; however, water may be restricted as directed by  
               the owner or a licensed veterinarian;


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             d)   Provide each pet with nutritious food in quantities and  
               at the intervals suitable for that pet;

             e)   Provide each pet daily with enrichment sufficient to  
               maintain the behavioral health of the pet; 

             f)   Maintain and abide by written policies and procedures  
               that address animal care, management and safe handling,  
               disease prevention and control, routine care, preventative  
               care, emergency care, veterinary treatment, and disaster  
               planning, evacuation, recovery that are applicable to the  
               location of the pet boarding facility which must be  
               reviewed with each employee providing animal care, and must  
               be available in writing in the facility and available to  
               all employees;

             g)   Isolate pets that have, or are suspected of having, a  
               contagious condition;

             h)   Ensure that each sick or injured pet is immediately  
               provided with veterinary treatment and that the owner of  
               the pet is notified immediately of the pet's condition;  

             i)   In the event of a natural disaster, an emergency  
               evacuation or other similar occurrence; ensure that the  
               humane care and treatment of each animal is provided for,  
               as specified, to the extent access to the pet is reasonably  

          14)Requires a pet boarding facility operator to provide each  
            owner with written information describing all of the  


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             a)   Days and times during which the pet boarding facility  
               permits pets to be dropped off and picked up;
             b)   Days and times during which no personnel is on site;

             c)   The square footage of the permanent or fixed enclosures  
               and temporary enclosures in which the species of pet that  
               the owner is boarding is customarily observed by personnel;

             d)   The number of times and at which intervals during each  
               24-hour period the breed of pet that the owner is boarding  
               is customarily contained; and,

             e)   The pet boarding facility's customary daily activity  
               schedule for the breed of pet that the owner is boarding.

          15)Requires the pet boarding facility operator to disclose to  
            the owner any deviation from the customary practices.
          16)Requires a pet boarding facility to maintain either a fire  
            alarm system that is connected to a central reporting station  
            that alerts the local fire department in case of a fire, or a  
            fire sprinkler suppression sprinkler system.

          17)Requires an animal control officer, a humane officer, or a  
            peace officer, as specified, if he or she decides a violation  
            warrants formal action, to issue a single notice to correct  
            that contains the following:

             a)   Specify each violation found in the inspection;
             b)   Identify the corrective action for each violation; and,

             c)   Include a specific period of time during which the  
               listed violation or violations are to be corrected.


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          18)Requires the appropriate officer in number 17) above, after  
            issuing a notice to correct to verify compliance by conducting  
            a subsequent investigation of the pet boarding facility within  
            a reasonable period of time.
          19)Requires an exact legible copy of a notice to correct to be  
            delivered to the pet boarding facility operator, as specified.  

          20)Relieves a pet boarding facility operator who is verified to  
            have complied with a notice to correct from specified fines. 

          21)States that a pet boarding facility operator who violates the  
            same provision on more than one occasion within a five-year  
            period in not eligible to receive a notice to correct and is  
            guilty of an infraction on the second violation, and is guilty  
            of a misdemeanor on the third or subsequent violation.

          22)States that a pet boarding facility operator that causes or  
            allows harm or injury to an animal, or allows an animal to be  
            subject to an unreasonable risk of harm or injury is guilty of  
            a misdemeanor. 

          23)States that a pet boarding facility operator, who violates  
            any provision of the pet boarding requirements, unless  
            specified in 17, 21, and 22 above, is guilty of an infraction,  
            punishable by a fine not to exceed $250 for the first  
            violation and by a fine not to exceed $1,000 for each  
            subsequent violation, as specified.

          24)States that the above provisions do not limit or affect the  
            application or enforcement of any other law that protects  
            animals or the rights of consumers, as specified.


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          25)Specifies that a city, county, or city and county may adopt  
            ordinances that establish additional standards and  
            requirements for a pet boarding facility.  

          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible state fiscal impact.  Any local costs are  
          not reimbursable.


          Purpose.  This bill creates a statewide standard for the  
          operational requirements of pet boarding facilities and facility  
          operators.  This bill is sponsored by the State Humane  
          Association of California.  According to the author, "[This  
          bill] would establish minimum standards for the care of pets  
          while they are in boarding facilities, as current law is silent  
          on animal and consumer protections relating specifically to pet  
          boarding facilities.  Pet owners who board their pets may be  
          unaware that California law does not establish minimum standards  
          of care for conditions at pet boarding facilities such as  
          quantity of food and water, limitations on the time pets spend  
          in cages, veterinary care, or emergency evacuation plans.  This  
          bill would provide operators of pet boarding facilities with  
          clear guidance, help ensure the safety and wellbeing of pets,  
          and provide protection to pet-owning consumers."

          Background.  Pet Boarding Facility Regulation.  Unlike pet  
          stores, pet boarding facilities, also referred to as "kennels",  
          are not uniformly regulated throughout the state.  California  
          law does not provide detail on the daily operating practices of  
          pet boarding facilities, such as what constitutes appropriate  
          animal enclosures, feeding, watering, general health veterinary  
          treatment, and record keeping, among other related matters.   


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          Local jurisdictions are responsible for enacting ordinances  
          pertaining to the operation and control of pet boarding  
          facilities.  For example, the City of Newport Beach requires the  
          operator of a kennel to obtain a permit from the city.  In  
          California, because pet boarding facilities are not licensed,  
          and therefore not directly regulated by a state agency,  
          enforcement is complaint driven.  

          The Lockyer-Polanco-Farr Pet Protection Act (Pet Protection  
          Act), pertains to the regulation of the retail sale of dogs and  
          cats, but does not specifically address pet boarding facilities  
          (California Health and Safety Code Section (HSC) 122155).  As  
          part of the Pet Protection Act, pet dealers are required to  
          maintain facilities where dogs are kept in sanitary conditions,  
          provide dogs with adequate nutrition and water, adequate space  
          appropriate to the age, size and weight of the dog, provide dogs  
          with adequate socialization and exercise, and requires a fire  
          alarm system connected to a central reporting station that  
          alerts the local fire department or maintain a fire suppression  
          sprinkler system, among other requirements.  A number of the  
          requirements for facilities in the Pet Protection Act are  
          similar to the provisions in this bill.  Currently, under  
          California Building Code Section 431 only those pet kennels  
          regulated under the Pet Protection Act are required to adhere to  
          the specified automatic sprinkler system requirements.  

          The author notes that because there is no existing law regarding  
          the standards of operating a pet boarding facility, if something  
          were to go wrong with an animal being cared for at a facility,  
          there is no enforcement recourse for the consumer.  This bill  
          seeks to establish a new statewide minimum standard for the  
          operation of a pet boarding facility.  However, as currently  
          drafted, this bill does not prohibit a city, county, or city and  
          county from adopting an ordinance that establishes additional  
          standards and requirements 


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          Issues at Pet Boarding Facilities.  Recent news articles and  
          reports have highlighted issues in pet boarding facilities which  
          have led to animal death or harm.  On May 10, 2016, KTLA 5  
          reported that a five year old Yorkshire terrier was mauled to  
          death by another dog while staying at a boarding facility in  
          Corona.  In 2015, a fire at a pet boarding facility killed 14  
          dogs in Monterey.  ABC 7 reported in January of 2016, that an  
          injured dog found near the highway in Brentwood was reunited  
          with his family after escaping from a boarding facility.  This  
          bill places requirements on pet boarding facilities including  
          fire systems and a notification protocol for animals that may be  
          harmed or escape.

          Other states.  There are federal laws which establish the  
          minimum standards for the care of cats and dogs by commercial  
          breeders, but do not necessarily pertain to pet boarding  
          facilities.  Some states have enacted regulations that may be  
          more stringent than what is required under federal statutes  
          specifically applicable to breeders.  In addition, at least  
          three other states have established uniform requirements for pet  
          boarding facilities.  Colorado, Connecticut, and Massachusetts  
          have established standards for the operation of pet boarding  
          facilities.  Standards in those states include specifications  
          related to enclosure requirements, protection from inclement  
          weather, flooring standards for cages, specifications for  
          lighting and sanitation, requirements for clean and fresh water,  
          and maintaining general humane conditions, among others.  

          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:  


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