Existing law governs the retail sale of dogs and cats by pet dealers, as defined, and establishes minimum standards for the care of those animals, as specified.

This bill would establish health and safety standards for mobile or traveling housing facilities for dogs and cats, including standards governing sufficient heating and cooling, ventilation, and lighting. The bill would establish minimum and maximum temperatures and would require, among other things, that dry bedding and auxiliary ventilation be provided under certain circumstances. The bill would apply to public and private organizations, including animal shelters, rescue groups, and humane society shelters.

Existing law governs the retail sale of dogs and cats by pet dealers, as defined, and establishes minimum standards for the care of those animals, as specified.

This bill would establish health and safety standards for mobile or traveling housing facilities for dogs and cats, including standards governing sufficient heating and cooling, ventilation, and lighting. The bill would establish minimum and maximum temperatures and would require, among other things, that dry bedding and auxiliary ventilation be provided under certain circumstances. The bill would apply to public and private organizations, including animal shelters, rescue groups, and humane society shelters.

Existing law governs the retail sale of dogs and cats by pet dealers, as defined, and establishes minimum standards for the care of those animals, as specified.

This bill would establish health and safety standards for mobile or traveling housing facilities for dogs and cats, including standards governing sufficient heating and cooling, ventilation, and lighting. The bill would establish minimum and maximum temperatures and would require, among other things, that dry bedding and auxiliary ventilation be provided under certain circumstances. The bill would apply to public and private organizations, including animal shelters, rescue groups, and humane society shelters, and for-profit entities, as specified. shelters.

Existing law governs the retail sale of dogs and cats by pet dealers, as defined, and establishes minimum standards for the care of those animals, as specified.

This bill would establish health and safety standards for mobile or traveling housing facilities for dogs and cats, including standards governing sufficient heating and cooling, ventilation, and lighting. The bill would establish minimum and maximum temperatures and would require, among other things, that dry bedding and auxiliary ventilation be provided under certain circumstances. The bill would apply to public and private organizations, including animal shelters, rescue groups, humane society shelters, and for-profit entities, as specified.

Existing law governs the retail sale of dogs and cats by pet dealers, as defined, and establishes minimum standards for the care of those animals, as specified.

This bill would establish health and safety standards for mobile or traveling housing facilities for dogs and cats, including standards governing sufficient heating and cooling, ventilation, and lighting. The bill would establish minimum and maximum temperatures and would require, among other things, that dry bedding and auxiliary ventilation be provided under certain circumstances. The bill would apply to public and private organizations, including animal shelters, rescue groups, humane society shelters, and for-profit entities, as specified.

GOVERNOR'S VETO

GV Bill Id:AB 2362

Author:(Rubio)

As Enrolled Ver:August 24, 2018

2/3 vote

Original Committee Reference: B. & P.

SUMMARY: Establishes health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities.

The Senate amendments define "mobile or traveling housing facility" and make various clarifying and technical changes to the original bill.

EXISTING LAW:

1. Establishes the Veterinary Medical Board (Board) within the Department of Consumer Affairs (DCA). (Business and Professions Code (BPC) Section 4800 et seq.).
2. Sets standards for the care, treatment, and sale of animals, especially as pertains to communicable diseases. (Health and Safety Code (HSC) Section 121575 et seq.).
3. Requires that animals freely surrendered to shelters must be treated with "some care" for the preservation of the thing deposited. (Civil Code Section 1845).

THIS BILL:

1. Requires that mobile dog and cat housing be sufficiently heated and cooled and that the temperature may not fall below 45 degrees Fahrenheit or exceed 85 degrees Fahrenheit for more than four consecutive hours when animals are present.
   1. For animals not accustomed to low temperatures, such as those with short hair or fur, or those that are sick, old, young, or otherwise infirm the temperature may not fall below 50 degrees Fahrenheit. If this were to occur, animals must be provided with methods for conserving body heat, like dry bedding and solid resting boards.
2. Requires mobile cat and dog housing facilities be ventilated sufficiently by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation must be provided when the temperature exceeds 85 degrees Fahrenheit for more than four consecutive hours.
3. Requires mobile cat and dog housing to be well lighted for the purpose of cleaning and observation of the animals. Lighting must match diurnal lighting cycle.
4. Applies standards to public animal control shelters, humane society shelters, rescue groups, and to public or private for-profit entities that use mobile housing facilities for dogs or cats.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, "California has taken great strides to ensure that animals, pet companions, are protected from mistreatment and careless actions that can lead to injury or death. However, there are currently no uniform standards on safe temperatures during mobile transportation of animals. AB 2362 establishes statewide safe temperature standards for mobile transportation of dogs and cats to keep them safe from extreme temperatures. This bill will help reduce animal stress, weather-related traumatic experiences, negative long-term health effects, while promoting humane statewide animal care."

Background. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.

Dogs and Cats in vehicles. Current law prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or wellbeing of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.

In 2017, AB 797 (Steinorth), Chapter 554, Statutes of 2016, added protections for Good Samaritans that may take "reasonable steps" to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.

Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill would create requirements that must be applied at all times, even when the vehicle is not parked and unattended.

It is unclear how common this issue is in California, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the truck that the dog contracted heatstroke in had functioning ventilation.

GOVERNOR'S VETO MESSAGE:

This bill establishes health and safety standards for vehicles used by shelters, humane societies, or rescue groups to transport animals.

Creating standards to ensure that animals are safely transported is a noble goal. This bill, however, as currently drafted contains terms that are too vague. I urge the author to come back with clear guidance next year.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0005293

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2362

Author:(Rubio)

As Amended Ver:July 5, 2018

Majority vote

Original Committee Reference: B. & P.

SUMMARY: Establishes health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities.

The Senate amendments define "mobile or traveling housing facility" and make various clarifying and technical changes to the original bill.

EXISTING LAW:

1. Establishes the Veterinary Medical Board (Board) within the Department of Consumer Affairs (DCA). (Business and Professions Code (BPC) Section 4800 et seq.).
2. Sets standards for the care, treatment, and sale of animals, especially as pertains to communicable diseases. (Health and Safety Code (HSC) Section 121575 et seq.).
3. Requires that animals freely surrendered to shelters must be treated with "some care" for the preservation of the thing deposited. (Civil Code Section 1845).

THIS BILL:

1. Requires that mobile dog and cat housing be sufficiently heated and cooled and that the temperature may not fall below 45 degrees Fahrenheit or exceed 85 degrees Fahrenheit for more than four consecutive hours when animals are present.
   1. For animals not accustomed to low temperatures, such as those with short hair or fur, or those that are sick, old, young, or otherwise infirm the temperature may not fall below 50 degrees Fahrenheit. If this were to occur, animals must be provided with methods for conserving body heat, like dry bedding and solid resting boards.
2. Requires mobile cat and dog housing facilities be ventilated sufficiently by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation must be provided when the temperature exceeds 85 degrees Fahrenheit for more than four consecutive hours.
3. Requires mobile cat and dog housing to be well lighted for the purpose of cleaning and observation of the animals. Lighting must match diurnal lighting cycle.
4. Applies standards to public animal control shelters, humane society shelters, rescue groups, and to public or private for-profit entities that use mobile housing facilities for dogs or cats.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, "California has taken great strides to ensure that animals, pet companions, are protected from mistreatment and careless actions that can lead to injury or death. However, there are currently no uniform standards on safe temperatures during mobile transportation of animals. AB 2362 establishes statewide safe temperature standards for mobile transportation of dogs and cats to keep them safe from extreme temperatures. This bill will help reduce animal stress, weather-related traumatic experiences, negative long-term health effects, while promoting humane statewide animal care."

Background. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.

Dogs and Cats in vehicles. Current law prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or wellbeing of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.

In 2017, AB 797 (Steinorth), Chapter 554, Statutes of 2016, added protections for Good Samaritans that may take "reasonable steps" to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.

Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill would create requirements that must be applied at all times, even when the vehicle is not parked and unattended.

It is unclear how common this issue is in California, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the truck that the dog contracted heatstroke in had functioning ventilation.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0003788

 THIRD READING  

Bill No: AB 2362

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 7/2/18

AYES: Hill, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk

NO VOTE RECORDED: Fuller

ASSEMBLY FLOOR: 64-0, 5/10/18 - See last page for vote

SUBJECT:

SOURCE: Social Compassion in Legislation

DIGEST:

This bill requires that a mobile or traveling housing facility, as defined, for any public control agency or shelter, humane society or rescue group be sufficiently heated, cooled and ventilated when necessary in order to protect the dogs and cats from temperature or humidity extremes and specifies temperatures to be maintained and other methods to be used under certain circumstances and climatic conditions so as to provide for their health and well-being.

ANALYSIS:

Existing law:

1. Establishes the Lockyer-Polanco-Farr Pet Protection Act which governs the retail sale of dogs and cats by pet dealers, as defined, and requires every pet dealer of dogs and cats to do all of the following: (Health and Safety Code (HSC) §§ 122125 et seq.)
   1. Maintain sanitary facilities for dogs.
   2. Provide dogs with adequate nutrition and potable water.
   3. Provide adequate space appropriate to that dog.
   4. Provide dogs housed on wire flooring with a rest board, floormat, or similar device that can be maintained in a sanitary condition.
   5. Provide dogs with adequate socialization and exercise; defined as physical contact with other dogs or with human beings.
   6. Maintain either a fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire, or a fire suppression sprinkler system.
   7. Provide veterinary care, without delay, when necessary.
   8. Not be in possession of a dog that is less than eight weeks old.
2. Establishes the Pet Store Animal Care Act and specifies procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary misdemeanor penalties for specified violations of this Act. (HSC §§ 122350 et seq.)
3. Establishes procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, its safety and to ensure the comfort and well-being of the pet by providing heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow. (HSC §§ 122380 et seq.)
4. Provides that no person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (Penal Code (PC) § 597.7)
5. Provides that every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. (PC § 597.1)
6. Specifies that no person shall leave an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (PC § 597.7 (a))
7. Provides that a person may take reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal, and to take other steps as specified. (PC § 597.7 (b))
8. Provides that a peace officer, humane officer, or animal control officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle. (PC § 597.7 (d))
9. Provides that whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhumane manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor. (PC § 597(a))
10. Requires pet shops, as defined, to do all of the following: (PC § 597l (a))
    1. Maintain sanitary pet housing facilities.
    2. Provide proper heating and ventilation for housing facilities.
    3. Provide adequate nutrition and humane care and treatment of pet animals.
    4. Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries.
    5. Provide adequate space appropriate to the size, weight, and species of pet animals.
    6. Provides that any person who violates a) through e) is guilty of a misdemeanor and a fine not exceeding $1,000, or by imprisonment in county jail not exceeding 90 days, or by both a fine and imprisonment.
    7. Provide buyers of pet animals with general written recommendations for the generally accepted care of the class of pet animal sold in a form determined by the pet shop, and provide that a violation of this provision will be dismissed if adequate proof of compliance is provided but that a subsequent violation is an infraction punishable by a fine not to exceed $250.
11. Specifies the conditions under which equines shall be transported in a vehicle to slaughter including sufficient clearance in the vehicle, adequate ventilation, smooth materials provided within the vehicle so there are no protrusions or sharp objects, under what conditions they shall not be transported such as either diseased, sick or dying, and requires an inspection of the vehicle by a human officer 72 hours before loading the equine. (PC § 597(o))

This bill:

1. Establishes the Safe Transportation of Dogs and Cats Act.
2. Defines a “mobile or traveling housing facility” as a transporting vehicle, including, but not limited to, a car, truck, trailer, bus, or recreational vehicle use to transport animals by any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private shelter, as specified under the Food and Agriculture Code.
3. Requires that a mobile or traveling housing facility for dogs and cats shall be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being and specifies temperatures to be maintained and to provide dry bedding, solid resting boards, and other methods of conserving body heat under certain circumstances and climatic conditions.
4. Requires a mobile or traveling housing facility for dogs and cats to be sufficiently ventilated at all times when dogs and cats are present to provide for the health and well-being of the animals, and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes and specifies the method(s) for providing ventilation.
5. Requires mobile or traveling housing facilities for dogs and cats shall be sufficiently well lit to permit proper cleaning and inspection of the facility, and observation of the dogs and cats and specifies the method(s) for proper lighting to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals.

Comments

This bill is sponsored by Social Compassion in Legislation. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.

According to the author, “Temperatures in California range from below freezing to well over 100 degrees. These extreme temperatures put animals being transported inside vehicles at risk of severe injury or death. In the absence of statewide safe temperature control transportation standards, dogs and cats experience severe effects from extreme temperatures during transportation. Such as the case in Visalia, CA, of a dog that died from heat exhaustion while in custody of animal control. Please see the list of news articles below for more stories across the country where dogs have died while being transported due to exposure to extreme temperatures.”

According to the People for the Ethical Treatment of Animals, animals can sustain brain damage or even death from heatstroke in just 15 minutes. Beating the heat is extra tough for dogs, because they can only cool themselves by panting and by sweating through their paw pads.

The author asserts that having statewide safe temperature standards for mobile transportation of dogs and cats will keep them safe from extreme temperatures, reduce animal traumatic experiences and long-term health effects, while promoting statewide humane animal care.

Proper care of dogs and cats at pet shops, boarding facilities and in vehicles. There are a number of laws regarding the care and well-being of animals maintained at pet stores, by pet dealers and pet boarding facilities, and to assure the proper heating and ventilation for the store or housing and boarding facilities for animals. Current law also prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.

In 2017, AB 797 (Steinorth, Chapter 554, Statutes of 2016) added protections for Good Samaritans that may take “reasonable steps” to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.

Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill creates requirements that must be applied at all times, even when the vehicle is not parked and unattended.

It is unclear how often dogs or cats may have been subjected to extreme temperatures or poor ventilation in mobile or traveling housing facilities, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the dog contracted heatstroke because the truck it was in did not have functioning ventilation.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/30/18)

Social Compassion in Legislation (source)

Paw Project

Pet Assistance Foundation

PuppySpot

San Diego Humane Society

Take Me Home Rescue

OPPOSITION: (Verified 8/2/18)

California Animal Welfare Association

ARGUMENTS IN SUPPORT: Social Compassion in Legislation writes as the sponsors of this bill that there are currently no temperature control standards for animals in public traveling housing facilities for dogs and cats, such as animal control or animal shelter transport vehicles. “AB 2362 will implement common sense standards to protect animals in these types of transport vehicles.”

San Diego Humane Society writes that they frequently transport animals locally and regionally and for nearly a decade have followed the best practices by the Association of Shelter Veterinarians and that these guidelines instruct the responsibilities regarding temperature, ventilation, and cleaning and care of animals during transport and “. . .support the codification of these important protocols in this bill to protect the health and safety of the animals depending on us.”

PuppySpot and other supporters write that this bill will promote the safe transportation of dogs and cats in California and that these standards are needed to ensure that the safety and welfare of the animals are maintained during their travel.

They also indicate that there have been enough instances of needless and easily preventable deaths of animals to justify the passage of this bill.

ARGUMENTS IN OPPOSITION:  The California Animal Welfare Association (CAWA) is opposed to this bill and argue that it fails in its promise to ensure the safe transportation of our state’s dogs and cats.  As stated by CAWA:  “In addition to being vague and unenforceable, the bill is also underinclusive.  Moreover, it would leave the legislature and the public with the false believe that dogs and cats are better off with this legislation than they are right now.”   CAWA believes that many of the terms used in this bill are too vague, such as the determination regarding the age of the animal or the temperature at which the animal may be transported.  They also indicate that the entities to which this bill applies is also problematic since some of the rescue groups transporting animals would fall outside of its requirements.  Lastly, CAWA argues that this bill is unenforceable since it would be difficult to determine when someone may have violated the requirements for maintaining certain temperatures while the animal is in transit, or in making a final determination when they were not in compliance with its requirements.

ASSEMBLY FLOOR: 64-0, 5/10/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Daly, Eggman, Flora, Frazier, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Cooley, Dahle, Fong, Friedman, Gallagher, Cristina Garcia, Harper, Kiley, Mathis, Melendez, Obernolte

Prepared by:

8/6/18 9:18:26

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: Hearing Date: July 2, 2018

Subject:

SUMMARY:

Requires that a mobile or traveling housing facility, as defined, for any public control agency or shelter, humane society or rescue group be sufficiently heated, cooled and ventilated when necessary in order to protect the dogs and cats from temperature or humidity extremes and specifies temperatures to be maintained and other methods to be used under certain circumstances and climatic conditions so as to provide for their health and well-being.

Existing law:

1. Establishes the Lockyer-Polanco-Farr Pet Protection Act (Pet Protection Act) which governs the retail sale of dogs and cats by pet dealers, as defined, and requires every pet dealer of dogs and cats to do all of the following: (Health and Safety Code (HSC) § 122125, et seq.)
   1. Maintain sanitary facilities for dogs.
   2. Provide dogs with adequate nutrition and potable water.
   3. Provide adequate space appropriate to that dog.
   4. Provide dogs housed on wire flooring with a rest board, floormat, or similar device that can be maintained in a sanitary condition.
   5. Provide dogs with adequate socialization and exercise; defined as physical contact with other dogs or with human beings.
   6. Maintain either a fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire, or a fire suppression sprinkler system.
   7. Provide veterinary care, without delay, when necessary.
      
   8. Not be in possession of a dog that is less than eight weeks old.
      
2. Establishes the Pet Store Animal Care Act and specifies procedures for the care and maintenance of animals in the custody of a pet store and details the responsibilities of the pet shop, the standards for enclosures, animal care requirements, record keeping, standards for keeping the animals healthy including veterinary care, euthanasia standards, and disclosures that must be made to a person who purchases a pet. Provides for a “notice to correct” and monetary
   misdemeanor penalties for specified violations of this Act.
   ((HSC) § 122350, et seq.)
   
3. Establishes procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, its safety and to ensure the comfort and well-being of the pet by providing heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow.
   (HSC 122380 et. seq.)
   
4. Provides that no person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (Penal Code § 597.7)
   
5. Provides that every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. (PC § 597.1)
   
6. Specifies that no person shall leave an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability , or death to the animal. (PC § 597.7 (a))
   
7. Provides that a person may take reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal, and to take other steps as specified. (PC § 597.7 (b)
   
8. Provides that a peace officer, humane officer, or animal control officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle.
   (PC § 597.7 (d))
   
9. Provides that whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhumane manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor.
   (PC § 597a.)
10. Requires pet shops, as defined, to do all of the following:
    (Penal Code § 597l(a))
    1. Maintain sanitary pet housing facilities.
       
    2. Provide proper heating and ventilation for housing facilities.
       
    3. Provide adequate nutrition and humane care and treatment of pet animals.
       
    4. Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries.
       
    5. Provide adequate space appropriate to the size, weight, and species of pet animals.
       
    6. Provides that any person who violates a) through e) is guilty of a misdemeanor and a fine not exceeding $1,000, or by imprisonment in county jail not exceeding 90 days, or by both a fine and imprisonment.
       
    7. Provide buyers of pet animals with general written recommendations for the generally accepted care of the class of pet animal sold in a form determined by the pet shop, and provides that a violation of this provision will be dismissed if adequate proof of compliance is provided but that a subsequent violation is an infraction punishable by a fine not to exceed $250.
       
11. Specifies the conditions under which equines shall be transported in a vehicle to slaughter including sufficient clearance in the vehicle, adequate ventilation, smooth materials provided within the vehicle so there are no protrusions or sharp objects, under what conditions they shall not be transported such as either diseased, sick or dying, and requires an inspection of the vehicle by a human officer 72 hours before loading the equine. (PC § 597o)

This bill:

1. Establishes the Safe Transportation of Dogs and Cats Act (Act).
   
2. Defines a “mobile or traveling housing facility” as a transporting vehicle, including, but not limited to, a car, truck, trailer, bus, or recreational vehicle use to transport animals by any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private shelter, as specified under the Food and Agriculture Code.
   
3. Requires that a mobile or traveling housing facility for dogs and cats shall be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being and specifies temperatures to be maintained and to provide dry bedding, solid resting boards, and other methods of conserving body heat under certain circumstances and climatic conditions.
   
4. Requires a mobile or traveling housing facility for dogs and cats to be sufficiently ventilated at all times when dogs and cats are present to provide for the health and well-being of the animals, and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes and specifies the method(s) for providing ventilation
   
5. Requires mobile or traveling housing facilities for dogs and cats shall be sufficiently well lit to permit proper cleaning and inspection of the facility, and observation of the dogs and cats and specifies the method(s) for proper lighting to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals.
   
   

FISCAL EFFECT:

None. This bill is not keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. This measure is sponsored by Social Compassion in Legislation. According to the Author, “Temperatures in California range from below freezing to well over 100 degrees. These extreme temperatures put animals being transported inside vehicles at risk of severe injury or death. In the absence of statewide safe temperature control transportation standards, dogs and cats experience severe effects from extreme temperatures during transportation. Such as the case in Visalia, CA, of a dog that died from heat exhaustion while in custody of animal control. Please see the list of news articles below for more stories across the country where dogs have died while being transported due to exposure to extreme temperatures.”
   
   According to the People for the Ethical Treatment of Animals, animals can sustain brain damage or even death from heatstroke in just 15 minutes. Beating the heat is extra tough for dogs, because they can only cool themselves by panting and by sweating through their paw pads.
   
   The Author asserts that having statewide safe temperature standards for mobile transportation of dogs and cats will keep them safe from extreme temperatures, reduce animal traumatic experiences and long-term health effects, while promoting statewide humane animal care.
   
2. Background. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.
   
   Proper Care of Dogs and Cats at Pet Shops, Boarding Facilities and in Vehicles. There are a number of laws regarding the care and well-being of animals maintained at pet stores, by pet dealers and pet boarding facilities, and to assure the proper heating and ventilation for the store or housing and boarding facilities for animals. Current law also prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.
   
   In 2017, AB 797 (Steinorth, Chapter 554, Statutes of 2016), added protections for Good Samaritans that may take “reasonable steps” to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.
   
   Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill would create requirements that must be applied at all times, even when the vehicle is not parked and unattended.
   
   It is unclear how often dogs or cats may have been subjected to extreme temperatures or poor ventilation in mobile or traveling housing facilities, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the dog contracted heatstroke because the truck it was in did not have functioning ventilation.
3. Prior Related Legislation. AB 797 (Steinorth, Chapter 554, Statutes of 2016) exempted a person from civil or criminal liability if damage occurred while a person was rescuing a confined animal from a motor vehicle under specified conditions.
   
   SB 985 (Monning, Chapter 364, Statutes of 2016) establishes procedures for the care and maintenance of pets boarded at a pet boarding facility.

AB 1806 (Figueroa, Chapter 431, Statutes of 2006) prohibited leaving or confining an animal in an unattended motor vehicle in conditions that would endanger the health or wellbeing of the animal. Included provisions related to temperature, ventilation, food and water, and other circumstances.

1. Arguments in Support. Social Compassion in Legislation write as the sponsors of this bill that there are currently no temperature control standards for animals in public traveling housing facilities for dogs and cats, such as animal control or animal shelter transport vehicles. “AB 2362 will implement common sense standards to protect animals in these types of transport vehicles.”
   
   San Diego Humane Society writes that they frequently transport animals locally and regionally and for nearly a decade have followed the best practices by the Association of Shelter Veterinarians and that these guidelines instruct the responsibilities regarding temperature, ventilation, and cleaning and care of animals during transport and “. . .support the codification of these important protocols in this bill to protect the health and safety of the animals depending on us.”
   
   PuppySpot and other supporters write that this measure will promote the safe transportation of dogs and cats in California and that these standards are needed to ensure that the safety and welfare of the animals are maintained during their travel.
   
   They also indicate that there have been enough instances of needless and easily preventable deaths of animals to justify the passage of this bill.
   
2. Suggested Technical Amendment. To clarify that the health and well-being of the animal depends on protecting dogs and cats from temperature or humidity extremes, suggest making the following technical amendment:
   
   On line 16, Page 2 delete “and” and replace with “so as”

SUPPORT AND OPPOSITION:

Support:

Social Compassion in Legislation (Sponsor)

Paw Project

Pet Assistance Foundation

PuppySpot

San Diego Humane Society

Take Me Home Rescue

Opposition:

None on file as of June 26, 2018.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2362

Author:(Rubio)

As Introduced Ver:February 14, 2018

Majority vote

SUMMARY: Establishes health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities. Specifically, this bill:

1. Requires that mobile dog and cat housing be sufficiently heated and cooled and that the temperature may not fall below 45 degrees Fahrenheit or exceed 85 degrees Fahrenheit for more than four consecutive hours when animals are present.
   1. For animals not accustomed to low temperatures, such as those with short hair or fur, or those that are sick, old, young, or otherwise infirm the temperature may not fall below 50 degrees Fahrenheit. If this were to occur, animals must be provided with methods for conserving body heat, like dry bedding and solid resting boards.
2. Requires mobile cat and dog housing facilities be ventilated sufficiently by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation must be provided when the temperature exceeds 85 degrees Fahrenheit for more than four consecutive hours.
3. Requires mobile cat and dog housing to be well lighted for the purpose of cleaning and observation of the animals. Lighting must match diurnal lighting cycle.
4. Applies standards to public animal control shelters, humane society shelters, rescue groups, and to public or private for-profit entities that use mobile housing facilities for dogs or cats.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, "California has taken great strides to ensure that animals, pet companions, are protected from mistreatment and careless actions that can lead to injury or death. However, there are currently no uniform standards on safe temperatures during mobile transportation of animals. This bill establishes statewide safe temperature standards for mobile transportation of dogs and cats to keep them safe from extreme temperatures. This bill will help reduce animal stress, weather-related traumatic experiences, negative long-term health effects, while promoting humane statewide animal care."

Background. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.

Dogs and Cats in vehicles. Current law prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or wellbeing of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.

In 2017, AB 797 (Steinorth), Chapter 554, Statutes of 2016, added protections for Good Samaritans that may take "reasonable steps" to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.

Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill would create requirements that must be applied at all times, even when the vehicle is not parked and unattended.

It is unclear how common this issue is in California, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the truck that the dog contracted heatstroke in had functioning ventilation.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0002625

Date of Hearing: March 20, 2018

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 2362

Author:(Rubio) – As Introduced Ver:February 14, 2018

SUBJECT: Safe transportation of dogs and cats.

SUMMARY: Establishes health and safety standards for mobile dog and cat housing facilities, including heating and cooling, dry bedding, ventilation, and lighting. The bill applies to public and private animal shelters and for-profit entities.

EXISTING LAW:

1. Establishes the Veterinary Medical Board (Board) within the Department of Consumer Affairs (DCA). (Business and Professions Code (BPC) Section 4800 et seq.).
2. Sets standards for the care, treatment, and sale of animals, especially as pertains to communicable diseases. (Health and Safety Code (HSC) Section 121575 et seq.).
3. Requires that animals freely surrendered to shelters must be treated with “some care” for the preservation of the thing deposited. (Civil Code Section 1845).

THIS BILL:

1. Requires that mobile dog and cat housing be sufficiently heated and cooled and that the temperature may not fall below 45 degrees Fahrenheit or exceed 85 degrees Fahrenheit for more than four consecutive hours when animals are present.
   1. For animals not accustomed to low temperatures, such as those with short hair or fur, or those that are sick, old, young, or otherwise infirm the temperature may not fall below 50 degrees Fahrenheit. If this were to occur, animals must be provided with methods for conserving body heat, like dry bedding and solid resting boards.
2. Requires mobile cat and dog housing facilities be ventilated sufficiently by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation must be provided when the temperature exceeds 85 degrees Fahrenheit for more than four consecutive hours.
3. Requires mobile cat and dog housing to be well lighted for the purpose of cleaning and observation of the animals. Lighting must match diurnal lighting cycle.
4. Applies standards to public animal control shelters, humane society shelters, rescue groups, and to public or private for-profit entities that use mobile housing facilities for dogs or cats.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by Social Compassion in Legislation. According to the author, “California has taken great strides to ensure that animals, pet companions, are protected from mistreatment and careless actions that can lead to injury or death. However, there are currently no uniform standards on safe temperatures during mobile transportation of animals. AB 2362 establishes statewide safe temperature standards for mobile transportation of dogs and cats to keep them safe from extreme temperatures. This bill will help reduce animal stress, weather-related traumatic experiences, negative long-term health effects, while promoting humane statewide animal care.”

Background. This bill will establish a new set of standards specifically for dogs and cats in mobile or traveling housing facilities. These standards would apply to government operated animal shelters, humane society shelters, and public or private for-profit entities that transport pets. These entities would be required to maintain a well ventilated, temperature controlled, and well-lit environment for cats and dogs being transported or housed in a mobile unit. There are not currently any statutory requirements that specifically apply to the transport of pets in a mobile housing unit.

Dogs and Cats in vehicles. Current law prohibits a person from leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or wellbeing of an animal. These standards include temperature, lack of ventilation, lack of food or water, and other circumstances that could be harmful to the animal. Violation of these standards could result in a fine, imprisonment not exceeding six months, or both.

In 2017, AB 797 (Steinorth, Chapter 554, Statutes of 2016), added protections for Good Samaritans that may take “reasonable steps” to remove an animal from a motor vehicle if the person holds a belief that the animal is in immediate danger due to heat, cold, lack of ventilation, lack of food or water, or other circumstances. Previously these protections only applied to law enforcement that may intervene to rescue an animal.

Though existing law prevents leaving an animal unattended in a motor vehicle when their health could be at risk, this standard does not apply to dogs and cats that are in mobile housing or transport cages, but may still have a driver operating the vehicle. This bill would create requirements that must be applied at all times, even when the vehicle is not parked and unattended.

It is unclear how common this issue is in California, however, as recently as June 2017 a dog in Visalia had to be euthanized after contracting heat stroke while in the care of animal control staff. Coverage of the aforementioned case in Visalia mentions that the truck that the dog contracted heatstroke in had functioning ventilation.

Prior Related Legislation. AB 1806 (Figueroa), Chapter 431, Statutes of 2006 – prohibited leaving or confining an animal in an unattended motor vehicle in conditions that would endanger the health or wellbeing of the animal. Included provisions related to temperature, ventilation, food and water, and other circumstances.

AB 797 (Steinorth) Chapter 554, Statutes of 2016 – exempted a person from civil or criminal liability if damage occurred while a person was rescuing a confined animal from a motor vehicle under specified conditions.

ARGUMENTS IN SUPPORT:

Social Compassion in Legislation (sponsor) writes: “AB 2362 will implement common sense standards to protect animals in these types of transport vehicles.”

PuppySpot writes: “I write to express our support of Assemblymember Rubio’s AB 2362, which seeks to promote the safe transportation of dogs and cats in California.”

ARGUMENTS IN OPPOSITION:

None on File

POLICY ISSUE(S) FOR CONSIDERATION:

The bill as written would apply these standards to animal shelters and other entities that may already have existing vehicles and equipment for the transport of cats and dogs. It is unclear if this bill would place a burden on local government that may not be in compliance with its requirements. As there is no specified measurements or other means of verification in the text it is unclear what test would demonstrate that a housing unit was “sufficiently ventilated.” The author should work with stakeholders to clarify that the requirements in existing language effectively prevents further harm to animals.

REGISTERED SUPPORT:

Social Compassion in Legislation (sponsor)

PuppySpot

Numerous individuals

REGISTERED OPPOSITION:

None on File

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301