AB 241 Nava - Dogs and Cats: Breeders
Current Legislative Status »
Existing law specifies that certain conduct against animals is criminal. This bill would make it a misdemeanor for an individual or business that buys or sells dogs or cats to have more than a combined total of 50 dogs and cats with intact sexual organs, as specified. The bill would authorize certain officers to investigate a violation of that provision, as provided, and to lawfully take possession of an animal kept in violation of that provision, as specified. Because this bill would create a new crime, it 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.
PetPAC has taken an “opposed” position on AB 241. Here is the letter that was written to the author and committee:
Please be advised PetPAC, an organization representing 52,000 pet owners, and over 800 dog and cat clubs, including hunting clubs, police K9, bomb detection, narcotic detection, security, guide dogs, hearing impaired, service, farming, herding, working, agility, breed, and pedigreed cat groups is opposed to Assembly Bill 241, Nava.
AB 241 makes it a misdemeanor for an individual or business that buys or sells dogs or cats to have more than a combined total of 50 dogs and cats with intact sexual organs. Authorizes certain officers to investigate a violation of such provisions, and to lawfully take possession of an animal kept in violation of existing law.
While owning 50 intact dogs seems excessive, there are a number of small and toy breeds that rarely breed large numbers in their litters. In most instances, not all intact dogs are bred each year. This bill makes it a misdemeanor if one violates this provision. It allows the officer to investigate books and records, and with consent, to search the home of the owner. It requires the owner to assist in the "inspection", and allows the officer to confiscate animals.
Because this is a criminal investigation, PetPAC feels this section may be unconstitutional under self incrimination sections of the 5th Amendment of the United States Constitution. This bill may also violate illegal search and seizure laws, as well as Miranda warnings under statutes of the State of California.
Sincerely;
Bill Hemby
Chairman
