Assigned to NRRA                                                                                                                          FOR COMMITTEE

ARIZONA STATE SENATE

Forty-eighth Legislature, Second Regular Session

FACT SHEET FOR H.B. 2485

unlawful public sale of animals

Purpose

            Prohibits the public sale of animals on highways, streets and parks and makes it a class 2 misdemeanor.

Background

            Statute lists regulations and requirements for the sale of animals through a pet dealer (dealer) who owns a pet store.  All animals that are for sale at pet stores are required to be examined by a veterinarian before sale.  The dealer is required to give the purchaser at the time of sale information including the animal’s date and location of birth, where the pet dealer received the animal, immunizations and de-worming treatments administered to the animal, the breed, sex, color and other identifying characteristics of the animal and any veterinary treatment or medication the animal has received.  If a dealer does not house animals for sale in sanitary conditions, the dealer is guilty of a class 1 misdemeanor.

            There are currently no regulations for the sale of animals outside of a pet store, except that vendors selling or transferring livestock are required to give the purchaser a written and acknowledged bill of sale.

            A class 2 misdemeanor carries a penalty of up to four months in jail, two years probation and a $750 maximum fine.  All fines collected in any court, except municipal courts, are paid to the county treasurer of the county in which the court is held.

            There is no anticipated fiscal impact to the state General Fund as a result of this legislation.  There could be a potential increase in incarceration costs for counties dependent on the number of misdemeanors committed.

Provisions

1. Prohibits the public sale of animals by knowingly offering an animal for sale on:

a)  public highways, streets or parks or any public property adjacent to public highways, streets or parks.

b) commercial private property without the consent of the owner or lessee of the property.

2. Allows the public sale of animals:

a) by retail sales on the premises of a pet store.

b) at a publicly operated or private, charitable nonprofit pound, humane society, animal rescue organization or educational or agricultural association.

c) at an animal adoption activity that a pound, humane society or rescue organization conducts off site at a pet store or other commercial enterprise.

d) at a rodeo, auction or stock show that sells horses, mules or other neat animals.

3. Stipulates that the person committing the unlawful sale of animals is guilty of a class 2 misdemeanor.

4. Defines “animal” as any living species of mammal, bird or reptile.

5. Clarifies that “pet store” means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets and does not mean a publicly operated pound or a private, charitable not-for-profit humane society or any animal adoption activity that a pound or humane society conducts off site at any pet store or other commercial enterprise.

6. Includes adoption or gift to the definition of “sale.”

7. Becomes effective on the general effective date.

House Action

GOV               2/5/08     DP     7-0-0-1-0

3^rd Read           3/3/08                 50-9-1-0

Prepared by Senate Research

April 7, 2008

MG/JT/jas