BILL NUMBER: SB 621	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Rosenthal

                        FEBRUARY 25, 1997

   An act to add Section 122047 to the Health and Safety Code,
relating to dog breeders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 621, as introduced, Rosenthal.  Dog breeders: requirements.
   Existing law, the Polanco-Lockyer Pet Breeder Warranty Act,
requires every dog breeder to comply with certain pet warranty
requirements, including, but not limited to, the health and condition
of the dog.  Existing law defines dog breeder for this purpose to
mean a person, firm, partnership, corporation, or other association
that has sold, transferred, or given away, 50 or more dogs during the
preceding calendar year.
   This bill would, in addition, require every dog breeder to obtain
an annual dog breeder permit from the local health officer or local
animal control agency, obtain a sales and use tax permit from the
State Board of Equalization, provide a sales receipt to the buyer,
keep a record of sales for the State Board of Equalization, and
include a valid business street address and telephone number when
placing an advertisement for the sale of any dog. The bill would
require the local agency to annually inspect the facility and
administration of the dog breeder and certify compliance with dog
breeder requirements by issuing the annual permit.  By increasing the
duties of local officials, this bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 122047 is added to the Health and Safety Code,
to read:
   122047.  Every dog breeder shall do all of the following:
   (a) Obtain an annual dog breeder permit from the local health
officer or local animal control agency.  The local agency shall
annually inspect the premises and administration of the dog breeder,
and shall certify compliance with this article by issuance of the
permit.  The local agency may assess a fee for the cost of the
inspection and permit.
   (b) Obtain a sales and use tax permit from the State Board of
Equalization.
   (c) Provide a sales receipt to the buyer and keep a record of
sales for the State Board of Equalization.
   (d) Include a valid business street address and telephone number
when placing an advertisement for the sale of any dog.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.