Post by trinitydobes on Sept 9, 2011 10:45:14 GMT -5
CALIFORNIA REPORTING BILL POISED FOR ADOPTION
** PIJAC CALLS FOR INDUSTRY ACTION **
The Issue:
PIJAC opposed legislation that would require pet dealers and breeders to send a monthly report on dog transfers to county/city agencies responsible for licensing. A Senate Committee had indicated that AB 1121 would be held until next session. However, the measure is now being sent to the floor of the Senate. If adopted there, it is likely to receive prompt concurrence by the Assembly and a signature by the Governor. PIJAC is urging that all members contact their Senators in opposition to this bill!
The Impact:
AB 1121 provides that “any pet dealer, humane society, rescue group, society for the prevention of cruelty to animals, or any entity described in Section 122045(b) of the Health and Safety Code will be required to submit monthly reports to the public entity, if any, that is responsible for licensing dogs in the city or county in which they are located.” Section 122045(b) of the Code means a “dog breeder” defined as “a person, firm, partnership, corporation or other association that has sold, transferred or given away all or part of three or more litters of 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation or other association.” A “pet dealer” is defined by the California Health and Safety Code (Section 122125) as “a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to possess a permit pursuant to the Revenue and Taxation Code.”
The required report must include the following information:
• The name, address, and telephone number of any person(s) who receives a dog, adopted or sold, in the previous month by the entity submitting the report;
• The breed of the dog;
• The age of the dog;
• Microchip number of the dog, if any; and
• Reproductive status of the dog.
September 8, 2011
(CA AB 1121)
PET INDUSTRY JOINT ADVISORY COUNCIL (PIJAC)
1140 19th Street, NW, Ste 300, Washington, DC 20036
Tel: (202) 452-1525 / (800) 553-PETS, info@pijac.org
As noted in PIJAC’s original PetAlert on this bill, it also includes new licensing provisions.
PIJAC Position:
PIJAC opposes unnecessary governmental mandates on pet stores and breeders. Pet dealers in California are already heavily regulated and this additional mandate would impose new expenses without providing meaningful benefit to pet owners or to the public.
Recommended Action:
As the legislature enters its final days of session, AB 1121 is set to receive a vote on the Senate floor at any time. Immediately contact your Senator to oppose this bill. Let them know that it will increase costs for count ess small businesses in the state, in addition to costs for
localities, at a time when the economic climate already presents a substantial challenge.
Furthermore, the bill doesn’t provide any significant benefit to the state or to pet owners! Easily find and quickly contact your state Senator by entering your zip code at PIJAC’s Legislative Action Center. Should you have questions about this bill, or require additional information, contact PIJAC’s Michael Maddox by telephone at 202-452-1525, ext. 106 or via email at Michael@pijac.org.
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discussion regarding what constitutes a dealer i.e. selling 2 animals or 2 litters?
Hi Julian, the criteria is not two LITTERS per year to be defined as a "pet dealer", it is two ANIMALS per year.
If you read the text of the proposed bill CA AB 1121, it refers you to section 122125 of the Health and Safety Code (Lockyer-Polanco) for the definition of pet dealer.
www.aroundthecapitol.com/billtrack/text.html?bvid=20110AB112196AMD
www.theanimalcouncil.com/files/Lockyer_Polanco_Farr_Pet_Protection_Act.pdf
They regard a single litter as one sale. However, Section 122125 then refers you to Section 6066 of the Revenue and Taxation code for the definition of a "pet dealer".
www.boe.ca.gov/business/Vol1/sutl.pdf
The BOE is very clear on this. They regard a "pet dealer" to be one who sells more than two animals in a year. I can find no direct reference to animal sales, however, the State Board of Equalization states that anyone who sells more than 2 (two) animals in a year must held a seller's permit. I'm not sure where they are drawing this from, but here is their information seheet:
www.boe.ca.gov/pdf/pub122.pdf
So it will likely be interpreted that anyone who sells that few and who must pay sales tax, must now also report to the state. I sent this info to the bill sponsor and never received a reply, this was months ago. If I am misinformed I would hope they would let me know, but so far I haven't received any reply from them on this subject.
Geneva Coats, R.N.
mysite.verizon.net/coatcloset
Secretary, California Federation of Dog Clubs
Legislative Liaison, American Pomeranian Club
** PIJAC CALLS FOR INDUSTRY ACTION **
The Issue:
PIJAC opposed legislation that would require pet dealers and breeders to send a monthly report on dog transfers to county/city agencies responsible for licensing. A Senate Committee had indicated that AB 1121 would be held until next session. However, the measure is now being sent to the floor of the Senate. If adopted there, it is likely to receive prompt concurrence by the Assembly and a signature by the Governor. PIJAC is urging that all members contact their Senators in opposition to this bill!
The Impact:
AB 1121 provides that “any pet dealer, humane society, rescue group, society for the prevention of cruelty to animals, or any entity described in Section 122045(b) of the Health and Safety Code will be required to submit monthly reports to the public entity, if any, that is responsible for licensing dogs in the city or county in which they are located.” Section 122045(b) of the Code means a “dog breeder” defined as “a person, firm, partnership, corporation or other association that has sold, transferred or given away all or part of three or more litters of 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation or other association.” A “pet dealer” is defined by the California Health and Safety Code (Section 122125) as “a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to possess a permit pursuant to the Revenue and Taxation Code.”
The required report must include the following information:
• The name, address, and telephone number of any person(s) who receives a dog, adopted or sold, in the previous month by the entity submitting the report;
• The breed of the dog;
• The age of the dog;
• Microchip number of the dog, if any; and
• Reproductive status of the dog.
September 8, 2011
(CA AB 1121)
PET INDUSTRY JOINT ADVISORY COUNCIL (PIJAC)
1140 19th Street, NW, Ste 300, Washington, DC 20036
Tel: (202) 452-1525 / (800) 553-PETS, info@pijac.org
As noted in PIJAC’s original PetAlert on this bill, it also includes new licensing provisions.
PIJAC Position:
PIJAC opposes unnecessary governmental mandates on pet stores and breeders. Pet dealers in California are already heavily regulated and this additional mandate would impose new expenses without providing meaningful benefit to pet owners or to the public.
Recommended Action:
As the legislature enters its final days of session, AB 1121 is set to receive a vote on the Senate floor at any time. Immediately contact your Senator to oppose this bill. Let them know that it will increase costs for count ess small businesses in the state, in addition to costs for
localities, at a time when the economic climate already presents a substantial challenge.
Furthermore, the bill doesn’t provide any significant benefit to the state or to pet owners! Easily find and quickly contact your state Senator by entering your zip code at PIJAC’s Legislative Action Center. Should you have questions about this bill, or require additional information, contact PIJAC’s Michael Maddox by telephone at 202-452-1525, ext. 106 or via email at Michael@pijac.org.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
discussion regarding what constitutes a dealer i.e. selling 2 animals or 2 litters?
Hi Julian, the criteria is not two LITTERS per year to be defined as a "pet dealer", it is two ANIMALS per year.
If you read the text of the proposed bill CA AB 1121, it refers you to section 122125 of the Health and Safety Code (Lockyer-Polanco) for the definition of pet dealer.
www.aroundthecapitol.com/billtrack/text.html?bvid=20110AB112196AMD
www.theanimalcouncil.com/files/Lockyer_Polanco_Farr_Pet_Protection_Act.pdf
They regard a single litter as one sale. However, Section 122125 then refers you to Section 6066 of the Revenue and Taxation code for the definition of a "pet dealer".
www.boe.ca.gov/business/Vol1/sutl.pdf
The BOE is very clear on this. They regard a "pet dealer" to be one who sells more than two animals in a year. I can find no direct reference to animal sales, however, the State Board of Equalization states that anyone who sells more than 2 (two) animals in a year must held a seller's permit. I'm not sure where they are drawing this from, but here is their information seheet:
www.boe.ca.gov/pdf/pub122.pdf
So it will likely be interpreted that anyone who sells that few and who must pay sales tax, must now also report to the state. I sent this info to the bill sponsor and never received a reply, this was months ago. If I am misinformed I would hope they would let me know, but so far I haven't received any reply from them on this subject.
Geneva Coats, R.N.
mysite.verizon.net/coatcloset
Secretary, California Federation of Dog Clubs
Legislative Liaison, American Pomeranian Club