Bill Text: CA SB371 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Undomesticated burros.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-09-01 - Chaptered by Secretary of State. Chapter 149, Statutes of 2023. [SB371 Detail]

Download: California-2023-SB371-Amended.html

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Amended  IN  Senate  April 12, 2023

Amended  IN  Senate  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 371

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Introduced by Senator Ochoa Bogh

February 09, 2023

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An act to amend Section 53074.5 of the Government Code, relating to undomesticated burros.

LEGISLATIVE COUNSEL'S DIGEST

SB 371, as amended, Ochoa Bogh. Undomesticated burros.

Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit organization, as defined, that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of “undomesticated burro” an animal that is permanently relocated to an appropriate facility or private adopter, as provided. To be eligible to enter into a contract with a local animal control agency under these provisions, the bill would require that a nonprofit meet certain requirements, including that it has organization to have submitted a euthanasia policy that is compliant with specified regulations for review and approval by the contracting local animal control agency. agency and to retain a copy of this policy on file.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 53074.5 of the Government Code is amended to read:

53074.5.

 (a) For purposes of this section, “undomesticated the following definitions apply:

(1) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code.

(2) “Undomesticated burro” means a wild burro or a burro that has not been tamed or domesticated for a period of three years after its capture, except as provided in paragraph (3) of subdivision (e), and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act (Chapter 30 (commencing with Section 1331) of Title 16 of the United States Code).

(b) At the request of the landowner, an officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto private land.

(c) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto a public roadway to ensure public safety.

(d) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may provide medical care or treatment, including, but not limited to, euthanasia if medically appropriate, to an undomesticated burro that is seriously ill or injured.

(e) (1) A local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, may relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency.

(2) A local animal control agency shall, for purposes of this subdivision, have the sole discretion to deem an undomesticated burro unfit for release and to deem an undomesticated burro fit for re-release.

(3) An undomesticated burro that is permanently relocated to an appropriate facility or private adopter shall no longer be deemed an undomesticated burro for purposes of this section.

(f) To be eligible to enter into a contract with a local animal control agency for purposes of this section, a nonprofit organization shall meet both of the following requirements: have submitted a euthanasia policy that is compliant with Section 2030 of Title 16 of the California Code of Regulations for review and approval by the contracting local animal control agency and retain a copy of this policy on file.

(1)It is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.

(2)It has submitted a euthanasia policy that is compliant with Section 2030 of Title 16 of the California Code of Regulations for review and approval by the contracting local animal control agency. The organization shall retain a copy of this policy on file.