Bill Text: CA AB491 | 2023-2024 | Regular Session | Amended

California Assembly Bill 491

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

Bill Title: Local government: fines and penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-07-02 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB491 Detail]

Download: California-2023-AB491-Amended.html

Amended IN Senate September 13, 2023

Amended IN Senate May 24, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 491

Introduced by Assembly ~~Members Essayli and~~ Member Wallis
(Coauthors: Assembly Members Alanis, Wendy Carrillo, Chen, Dixon, Flora, Friedman, Gallagher, Hoover, Jackson, Lackey, Low, Mathis, Joe Patterson, and Waldron)(Coauthors: Senators Newman, Ochoa Bogh, Seyarto, and Wilk)

February 07, 2023

An act to ~~add Section 32004 to, and to add and repeal Section 32005 of, the Food and Agricultural Code, relating to animal shelters.~~ amend Section 53069.4 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 491, as amended, ~~Essayli~~Wallis. ~~Animal shelters: 72-hour public notice: euthanasia: study.~~ Local government: fines and penalties.

Existing law authorizes the legislative body of a local agency, as defined, to make, by ordinance, a violation of an ordinance subject to an administrative fine or penalty, as specified. Existing law requires the local agency to set forth by ordinance the administrative procedures that govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Existing law authorizes a person contesting a final administrative order or decision to seek review by filing an appeal to be heard by the superior court, as specified.
This bill would authorize a local agency to establish, by ordinance, a procedure to collect those administrative fines or penalties by lien upon the parcel of land on which the violation occurred, as specified.
This bill would authorize a local agency, after the exhaustion of the administrative and appeal procedures referenced above, to file with the clerk of the superior court of any county a certified copy of a final decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agency’s decision. The bill would require the clerk to enter the judgment immediately and prohibit the clerk from charging fees related to that requirement.
This bill would make the above-described appeal the exclusive means of judicial review for an administrative fine or penalty that does not exceed a specified amount and that is imposed for violation of a local law regulating or prohibiting commercial cannabis activity, as specified.
This bill would make the remedies and penalties provided by the above-described provisions governing the imposition, enforcement, collection, administrative review, and appeal of administrative fines and penalties cumulative to the remedies or penalties available under other law.
Existing law declares that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Existing law also declares that it is the policy of the state that no treatable animal should be euthanized.
This bill, Bowie’s Law, would require all animal shelters, as defined, to provide public notice on their internet website at least 72 hours before euthanizing any dog, cat, or rabbit, except as provided. The bill would require that notice to indicate that the animal is subject to euthanasia and to include information about the animal and its availability for adoption. The bill would authorize an animal shelter to provide this public notice for less than 72 hours if the animal shelter makes certain determinations. The bill would, for each instance where the animal shelter provides public notice for less than 72 hours, require the animal shelter to document the reason and to keep it on file and available for public inspection, as provided. By imposing new requirements on a public animal control agency or shelter, the bill would constitute a state-mandated local program.
The bill would also require the Department of Food and Agriculture to conduct a study on the overcrowding of California’s animal shelters, the ways in which the state might address animal shelter overcrowding, and the feasibility of a statewide database of dogs and cats that provides public notice and information at the statewide level, as specified. The bill would require the department to, on or before January 1, 2026, submit a report on its study findings to the Legislature, as provided. The bill would repeal these study and reporting requirements on January 1, 2027.
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 the statutory provisions noted above.

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

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

SECTION 1.

Section 53069.4 of the Government Code is amended to read:

53069.4.

(a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.

(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.

(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may provide for the immediate imposition of administrative fines or penalties for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. This subparagraph shall not be construed to apply to cannabis cultivation that is lawfully undertaken pursuant to Section 11362.1 of the Health and Safety Code.

(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:

(i) A tenant is in possession of the property that is the subject of the administrative action.

(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

(iii) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.

(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.

(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(4) An appeal under this subdivision shall be the exclusive means of judicial review for an administrative fine or penalty that does not exceed the amount set forth in paragraph (1) of subdivision (a) of Section 86 of the Code of Civil Procedure and that is imposed for violation of a local law regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted under Section 26200 of the Business and Professions Code.

(c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.

(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

(e) After the exhaustion of the administrative and appeal procedures provided in this section, the local agency may file a certified copy of a final decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agency’s decision with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.
(f) The local agency, by ordinance, may establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. The ordinance shall require service or mailing of notice before the recordation of the lien to the owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current, and to the owner of an encumbrance of record on the property. Once a copy of the notice of lien, as described in this subdivision, is recorded in the county recorder’s office, the lien shall have the same force, effect, and priority as a judgment lien.
(g) The remedies or penalties provided by this section are cumulative to the remedies or penalties available under other law.

SECTION 1.
~~This act shall be known, and may be cited, as Bowie’s Law.~~
SEC. 2.Section 32004 is added to the Food and Agricultural Code, to read:
32004.
(a)Except for an animal irremediably suffering from a serious illness or severe injury pursuant to Section 17006, newborn animals that need maternal care and have been impounded without their mothers pursuant to Section 17006, and dogs with a history of vicious or dangerous behavior documented by the agency charged with enforcing state and local animal laws pursuant to subdivision (b) of Section 31108.5, an animal shelter shall provide public notice on its internet website at least 72 hours before euthanizing any dog, cat, or rabbit. That notice shall indicate that the animal is subject to euthanasia and shall include information about the animal and its availability for adoption.
(b)(1)An animal shelter may provide the public notice required by subdivision (a) for less than 72 hours if the animal shelter determines that doing so is in the best interest of the animal or the general animal population at the animal shelter.
(2)For each instance where an animal shelter provides a public notice for less than 72 hours pursuant to paragraph (1), the animal shelter shall document the reason and shall keep it on file and available for public inspection for at least three years.
~~(c)As used in this section, “animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.~~
~~(d)Section 9 shall not apply to this section.~~
SEC. 3.Section 32005 is added to the Food and Agricultural Code, to read:
32005.
~~(a)The department shall conduct a study on all of the following topics:~~
~~(1)The overcrowding of California’s animal shelters.~~
~~(2)The ways in which the state might address animal shelter overcrowding.~~
(3)The feasibility of a statewide database of dogs and cats that provides public notice and information at the statewide level in a manner consistent with Section 32004, including, but not limited to, by pursuing a public-private partnership.
~~(b)On or before January 1, 2026, the department shall submit a report on its study findings pursuant to subdivision (a) to the Legislature in compliance with Section 9795 of the Government Code.~~
~~(c)As used in this section, “animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.~~
~~(d)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.~~
SEC. 4.
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.