Bill Text: CA AB2343 | 2013-2014 | Regular Session | Amended
Bill Title: Stray animals: pounds and shelters: adoption of dogs and cats.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-28 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2343 Detail]
Download: California-2013-AB2343-Amended.html
BILL NUMBER: AB 2343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Gatto
FEBRUARY 21, 2014
An act to amend Sections 31108, 31751.3, and 31752
, and 31754 of the Food and Agricultural Code, and
to add Section 17581.8 to the Government Code, relating to stray
animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2343, as amended, Gatto. Stray animals: pounds and shelters:
adoption of dogs and cats.
(1) Existing law specifies that no stray dog or cat impounded by a
public or private shelter shall be euthanized before 6 business days
after the stray dog or cat is impounded, not including the day of
impoundment, and requires that the stray dog or cat be released to a
nonprofit animal rescue or adoption organization prior to the
scheduled euthanasia of the stray dog or cat in certain
circumstances, subject to specified exceptions. Existing law requires
that a public or private shelter make reasonable efforts to contact
the owner of a stray dog or cat that is impounded and notify him or
her that his or her dog or cat is impounded and is available for
redemption. Existing law requires that a stray dog or cat be held for
owner redemption during the first 3 days of the holding period, not
including the day of impoundment, and be available for owner
redemption or adoption for the remainder of the holding period.
This bill would, instead, for any local governmental
entity that receives specified block grant funding, prohibit a stray
dog or cat from being euthanized or otherwise disposed of until after
that required holding period, except as provided. The bill
would require that any stray dog impounded or stray cat admitted to
a shelter pursuant to those provisions be made available for owner
redemption, adoption, or release to an animal rescue group
or adoption organization , as defined, during the
required holding period, except as provided. The bill would require
that any stray dog or cat with identification, as defined, be held
exclusively for owner redemption during the entire holding period,
and any stray dog without identification be held exclusively during
the first 72 hours of the holding period and then may be made
available for adoption or release to an animal rescue or adoption
organization, and would authorize a public or private shelter to make
available for adoption or release to an animal rescue group
or adoption organization, any stray cat without identification
that is admitted to a public private or shelter at any time. The bill
would authorize a public or private shelter to make available for
adoption or release to an animal rescue group or adoption
organization, each member of a litter of puppies without
identification, consisting of 3 or more stray dogs under 4 months of
age that originated from the same location.
This bill would also specify that, for any local governmental
entity that receives specified block funding, any animal that is of a
species admitted by public or private shelters may be made
immediately available for adoption or release to an animal rescue or
adoption organization, but, if the animal is not so adopted or
released, would prohibit the animal from being euthanized or
otherwise disposed of until after expiration of the holding periods
applicable to stray dogs and cats.
By imposing new duties on local officials with regard to the
operation of public pounds and animal shelters, the bill would impose
a state-mandated local program.
(2) Under the California Constitution, whenever the Legislature or
a state agency mandates a new program or higher level of service on
any local government, the state is required to provide a subvention
of funds to reimburse the local government, with specified
exceptions.
Existing law provides that no local agency shall be required to
implement or give effect to any statute or executive order, or
portion thereof, that imposes a mandate during any fiscal year and
for the period immediately following that fiscal year if specified
conditions are met, including that the statute or executive order, or
portion thereof, has been specifically identified by the Legislature
in the Budget Act for the fiscal year as being one for which
reimbursement is not provided for that fiscal year.
This bill would provide that funding apportioned pursuant
to a specified provision of the bill for use for prescribed purposes
relating to providing care for impounded animals in shelters shall
constitute constitutionally required reimbursement for the
performance of any state mandates included in the statutes and
executive orders identified in that provision. The bill would
authorize a city, county, city and county, or joint powers
authority to elect to receive specified state block grant funding
provided under the annual Budget Act, and administered by the
State Department of Public Health, if the city, county, city
and county, or joint powers authority complies with specified
procedures for securing funds, and uses any funds received for
those specified purposes relating to
the provision of mandated care for impounded animals in
shelters. The bill would provide that the grant funding shall
constitute the constitutionally required reimbursement for the
provision of that mandated care. The bill would require a city,
county, city and county or joint powers authority that elects not to
apply for that block grant funding to hold a public hearing, during
which it shall be required to make a finding regarding its decision
not to apply for that funding, thereby imposing a
state-mandated local program by mandating new duties on local
governmental entities. funding.
(3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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. (a) The Legislature finds and declares all of the
following:
(1) California has long sought to protect the welfare and
interests of homeless animals.
(2) With the passage of the "Hayden Law" (Ch. 752, Stats. 1998),
California codified longer holding periods for homeless animals in
shelters and, among other things, required shelters to provide
necessary veterinary care, to post lost and found lists, and to
release animals scheduled to be euthanized to animal adoption and
rescue organizations.
(3) The Commission on State Mandates ruled in 2001 that some
policies of the Hayden Law are reimbursable mandates, which led to
multiyear suspensions of funding for animal shelters during the state'
s budget crisis.
(4) The vulnerability of these policies governing the treatment of
homeless animals in shelters prompted the formation of a statewide
stakeholders group that evaluated outcomes, developed best practices,
and proposed solutions to help meet the state's policy goal that no
adoptable or treatable animal should be euthanized if it can be
adopted into a suitable home, while addressing the state mandate
funding issues.
(b) It is the intent of the Legislature that $10 million should be
appropriated in the 2015-16 Budget Act of
2015 to fund the state block grant program established pursuant
to Section 17581.8 of the Government Code.
Code, as added by this act.
(c) It is further the intent of the Legislature that funds from
the block grant program established pursuant to Section 17581.8 of
the Government Code should be administered by the State Department of
Public Health, with a portion of those funds used for the care of
stray animals in shelters.
SEC. 2. Section 31108 of the Food and Agricultural Code is amended
to read:
31108. (a) Except as provided in Section 17006, for any
local governmental entity that receives block grant funding under
Section 17581.8 of the Government Code, no stray dog
impounded pursuant to this division shall be euthanized or otherwise
disposed of until after the expiration of the required holding
period, which shall be six business days, not including the day of
impoundment, except as follows:
(1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
(b) (1) In addition to the prohibition against euthanasia set
forth in subdivision (a), a stray dog impounded pursuant to this
division shall be made available for owner redemption, adoption, or
release to an animal rescue group or adoption organization
during the required holding period, as follows:
(A) A stray dog with identification shall be held exclusively for
owner redemption during the entire holding period.
(B) A stray dog without identification shall be held exclusively
for owner redemption during the first 72 hours of the holding period,
and then may be made available for adoption or release to an animal
rescue group or adoption organization.
(C) Each member of a litter of puppies without identification,
consisting of three or more stray dogs under four months of age that
originated from the same location, may be made available for adoption
or release to an animal rescue group or adoption
organization at any time.
(2) Nothing in this section is intended to prevent an owner from
reclaiming his or her dog during or after any required holding
period, pursuant to applicable law, if the public or private shelter
still has physical possession of the dog.
(c) Except as provided in Section 17006, a stray dog that is
impounded pursuant to this division shall, before the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501(c)
(3) of the Internal Revenue Code, animal rescue group or
adoption organization if requested by the group or
organization before the scheduled euthanasia of that animal. The
public or private shelter may enter into cooperative agreements with
any animal rescue group or adoption organization. In
addition to any required spay or neuter deposit, the public or
private shelter, at its discretion, may assess a fee, not to exceed
the standard adoption fee, for animals adopted or released.
(d) During the holding period required by this section and before
the adoption, release to an animal rescue group or
adoption organization, or euthanasia of a dog impounded pursuant to
this division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.
(e) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays.
(f) As used in this section, "identification" means a microchip, a
readily visible license tag, as prescribed by Section 30951, a
rabies vaccination tag, or other tag, tattoo, marking, or accessory
that displays the identity or contact information of the owner or
caretaker of the dog.
(g) As used in this section, an "animal rescue or adoption
organization" is a for-profit or nonprofit, as described in Section
501(c)(3) of the Internal Revenue Code, entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of any dog that has been removed from a public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter, or that has been
previously owned by any person other than the original breeder of
that dog.
SEC. 3. Section 31751.3 of the Food and Agricultural Code is
amended to read:
31751.3. (a) (1) Except as
otherwise provided in subdivision (b), no public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, humane society shelter, or animal rescue or
adoption organization group shall sell, or give
away to a new owner, any cat that has not been spayed or neutered.
(2) For purposes of this chapter, an "animal rescue or adoption
organization" is a for-profit or not-for-profit, as described in
Section 501(c)(3) of the Internal Revenue Code, entity, or a
collaboration of individuals with at least one of its purposes being
the sale or placement of cats that have been removed from a public
animal control agency or shelter, society for the prevention of
cruelty to animals shelter, or humane society shelter, or that have
been previously owned by any person other than the original breeder
of that cat.
(b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a cat is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the cat to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or animal rescue or adoption organization
group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of cats.
(3) The deposit shall be temporary, and shall only be retained
until the cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
(4) The cat shall be spayed or neutered within 14 business days of
that certification.
(5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the cat was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and animal rescue or adoption organizations
groups may enter into cooperative agreements with each other
and with veterinarians in lieu of requiring spaying and neutering
deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
SEC. 4. Section 31752 of the Food and Agricultural Code is amended
to read:
31752. (a) Except as provided in Section 17006, for any
local governmental entity that receives block grant funding under
Section 17581.8 of the Government Code, no stray cat
admitted to a public or private shelter shall be euthanized or
otherwise disposed of until after the expiration of the required
holding period, which shall be six business days, not including the
day of admission, except as follows:
(1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of admission.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of admission.
(b) (1) In addition to the prohibition against euthanasia set
forth in subdivision (a), a stray cat admitted to a public or private
shelter shall be made available for owner redemption, adoption, or
release to an animal rescue group or adoption organization
during the required holding period, as follows:
(A) Any stray cat with identification shall be held exclusively
for owner redemption during the entire holding period.
(B) Any stray cat without identification may be made available for
adoption or release to an animal rescue group or adoption
organization at any time.
(2) Nothing in this section is intended to prevent an owner from
reclaiming his or her cat during or after any required holding
period, pursuant to applicable law, if the public or private shelter
still has physical possession of the cat.
(c) Except as provided in Section 17006, any stray cat that is
admitted pursuant to this division shall, before the euthanasia of
that animal, be released to a for-profit or
nonprofit, as defined in Section 501(c)(3) of the Internal Revenue
Code, animal rescue group or adoption organization if
requested by the group or organization before the scheduled
euthanasia of that animal. In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released. The public or private shelter may enter into
cooperative agreements with any animal rescue group or
adoption organization, for purposes of compliance with this section.
(d) During the holding period required by this section and before
the adoption, release to an animal rescue group or adoption
organization, or euthanasia of a cat admitted pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is admitted and is available for redemption.
(e) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays.
(f) As used in this section, "identification" means a microchip, a
readily visible license tag, rabies vaccination tag, or other tag,
tattoo, marking, or accessory that displays the identity or contact
information of the owner or caretaker of the cat.
(g) As used in this section, an "animal rescue or adoption
organization" is a for-profit or nonprofit, as described in Section
501(c)(3) of the Internal Revenue Code, entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of any cat that has been removed from a public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter, or that has been
previously owned by any person other than the original breeder of
that cat.
SEC. 5. Section 31754 of the Food and
Agricultural Code is amended to read:
31754. (a) Except as provided in Section 17006, for any local
governmental entity that receives block grant funding under Section
17581.8 of the Government Code, any animal relinquished by the
purported owner or any other person with the authority to relinquish
the animal that is of a species admitted by public or private
shelters may be made immediately available for adoption or release to
an animal rescue or adoption organization, but if not so adopted or
released, shall not be euthanized or otherwise disposed of until the
expiration of the holding period applicable to stray dogs in Section
31108 and stray cats in Section 31752.
(b) Nothing in this section is intended to require a public or
private shelter to admit an animal that is relinquished by the owner.
SEC. 6. SEC. 5. Section 17581.8 is
added to the Government Code, to read:
17581.8. (a) Funding apportioned pursuant to this section shall
constitute reimbursement pursuant to Section 6 of Article XIII B of
the California Constitution for the performance of any state mandates
included in the statutes and executive orders identified in
subdivision (e).
(b) (1) A city, county, city and county, or joint powers authority
may elect to receive block grant funding pursuant to this section.
(2) The State Department of Public Health shall administer the
block grant funding program established under this section.
(c) (1) A city, county, city and county, or joint powers authority
that elects to receive block grant funding pursuant to this section
in a given fiscal year shall submit a letter requesting funding to
the State Department of Public Health on or before August 30 of the
fiscal year in which the funding is available.
(2) The State Department of Public Health shall, no later than
November 30 of each fiscal year in which the funding is available,
apportion block grant funding appropriated under a specified item
under Section 2.00 of the annual Budget Act to a city, county, city
and county, or joint powers authority that submitted a letter to the
department requesting funding in that fiscal year according to the
provisions of that item.
(3) A city, county, city and county, or joint powers authority
that receives block grant funding pursuant to this section shall not
be eligible to submit claims to the Controller for reimbursement
pursuant to Section 17560 for any costs of any state mandates
included in the statutes and executive orders identified in
subdivision (e) incurred in the same fiscal year during which the
city, county, city and county or joint powers authority received
funding pursuant to this section.
(d) Block grant funding apportioned pursuant to this section is
subject to annual financial and compliance audits.
(e) If a city, county, city and county, or joint powers authority
elects to receive block grant funding under this section, any block
grant funds received by the city, county, city and county, or joint
powers authority shall be used to fund the costs of the following
programs and activities:
(1) Providing care and maintenance during the holding periods for
impounded animals imposed under Sections 31108 and 31752 of the Food
and Agricultural Code.
(2) Providing care and maintenance for four business days from the
day after impoundment, or six business days from the day after
impoundment, for impounded rabbits, guinea pigs, hamsters,
pot-bellied pigs, birds, lizards, snakes, turtles, or tortoises, as
legally allowed as personal property, pursuant to Section 31753 of
the Food and Agricultural Code.
(3) For impounded animals held for four business days after the
day of impoundment, for either of the following purposes:
(A) Making the animal available for owner redemption on one
weekday evening until at least 7:00 pm, or one weekend day.
(B) For those local agencies with fewer than three full-time
employees or that are not open during all regular weekday business
hours, establishing a procedure to enable owners to reclaim their
animals by appointment at a mutually agreeable time when the agency
would otherwise be closed, pursuant to Sections 31108, 31752, and
31753 of the Food and Agricultural Code.
(4) Verifying whether a cat is feral or tame by using a
standardized protocol prescribed in subdivision (c) to Section
31752.5 of the Food and Agricultural Code.
(5) Posting lost and found animal lists pursuant to Section 32001
of the Food and Agricultural Code.
(6) Maintaining records on animals that are not medically treated
by a veterinarian, but are either taken up, euthanized after the
holding period, or impounded, pursuant to Section 32003 of the Food
and Agricultural Code.
(7) Providing "necessary and prompt veterinary care" for abandoned
animals, other than injured cats and dogs given emergency treatment,
pursuant to Sections 1834 and 1846 of the Civil Code.
(f) A city, county, city and county, or joint powers authority
that elects not to apply for block grant funding under this section
shall hold a public hearing, during which time it shall make a
finding regarding its decision not to apply for that funding.
(g) Nothing in this section shall preclude a city, county, city
and county, or joint powers authority from complying with any
required holding period for an impounded animal that is in effect on
January 1, 2015.
(h) No more than 4 percent of the block grant funds made available
under this section to a city, county, city and county, or joint
powers authority shall be used for administrative costs.
SEC. 7. SEC. 6. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
