BILL NUMBER: AB 2949 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2008
INTRODUCED BY Assembly Member DeSaulnier
FEBRUARY 22, 2008
An act to amend Sections 1815, 1816, and 1981 of the Civil Code,
relating to involuntary deposits.
LEGISLATIVE COUNSEL'S DIGEST
AB 2949, as amended, DeSaulnier. Involuntary deposits: abandoned
pets.
Existing law provides that an involuntary deposit is made by the
accidental leaving or placing of personal property in the possession
of any person, without negligence on the part of its owner, or by the
delivery to, or picking up by, and the holding of, a stray live
animal by any person or public or private entity. The person or
private entity with whom a thing or animal is deposited is bound to
take charge of it, if able to do so.
Existing law also provides that every owner, driver, or keeper of
any animal who permits the animal to be in any building, enclosure,
lane, street, square, or lot of any city, county, city and county, or
judicial district without proper care and attention is guilty of a
misdemeanor.
This bill would provide that an involuntary deposit is made by the
abandonment or leaving of a live animal in or about any premises or
real property that has been vacated upon, or immediately preceding,
the termination of a lease or other rental agreement or foreclosure
of the property. The bill would authorize
require any person or private entity with whom a live animal is
involuntarily deposited to immediately transfer the animal
to any animal control agency or shelter for proper care and
attention, or to notify animal control officials for the
purpose of retrieving the animal. By increasing the duties of
animal control officials, the bill would impose a state-mandated
local program.
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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1815 of the Civil Code is amended to read:
1815. An involuntary deposit is made:
(a) By the accidental leaving or placing of personal property in
the possession of any person, without negligence on the part of its
owner.
(b) In cases of fire, shipwreck, inundation, insurrection, riot,
or like extraordinary emergencies, by the owner of personal property
committing it, out of necessity, to the care of any person.
(c) By the delivery to, or picking up by, and the holding of, a
stray live animal by any person or public or private entity.
(d) By the abandonment or leaving of a live animal ,
as proscribed by Section 597.1 of the Penal Code, in or
about any premises or real property that has been vacated upon, or
immediately preceding, the termination of a lease or other rental
agreement or foreclosure of the property.
SEC. 2. Section 1816 of the Civil Code is amended to read:
1816. (a) The person or private entity with whom a thing is
deposited in the manner described in Section 1815 is bound to take
charge of it, if able to do so.
(b) Any person or private entity with whom a live animal is
deposited in the manner described in subdivision (d) of Section
1815 may immediately transfer the animal to any animal
control agency or shelter for proper care and attention, or notify
animal 1815 shall immediately notify animal
control officials for the purpose of retrieving the animal.
This subdivision is intended to provide authority to take possession
of an abandoned, live animal for the purpose of providing proper care
and attention, and nothing animal pursuant to Section
597.1 of the Penal Code. Animal control officers who respond shall
be entitled to exercise the right afforded them pursuant to that
section to secure a lien for the purpose of recovering the costs of
attempting to rescue the animal. Nothing in this subdivision
shall impose any new or additional civil or criminal liability upon
the depositary for the injury or death of the animal.
a depositary who complies with this subdivision.
(c) A public agency or shelter with whom a thing
an abandoned animal is deposited in the manner
described in Section 1815 is bound to take charge of it, as provided
in Section 597.1 of the Penal Code.
SEC. 3. Section 1981 of the Civil Code is amended to read:
1981. (a) This chapter provides an optional procedure for the
disposition of personal property that remains on the premises after a
tenancy has terminated and the premises have been vacated by the
tenant.
(b) This chapter does not apply whenever Section 1862.5, 2080.8,
2080.9, or 2081 to 2081.6, inclusive, applies. This chapter does not
apply to property that exists for the purpose of providing utility
services and is owned by a public utility, whether or not that
property is actually in operation to provide those utility services.
(c) This chapter does not apply to any manufactured home as
defined in Section 18007 of the Health and Safety Code, any
mobilehome as defined in Section 18008 of the Health and Safety Code,
or to any commercial coach as defined in Section 18001.8 of the
Health and Safety Code, including attachments thereto or contents
thereof, whether or not the manufactured home, mobilehome, or
commercial coach is subject to registration under the Health and
Safety Code.
(d) This chapter does not apply to the disposition of an animal to
which subdivision (d) of Section 1815 or Chapter 7 (commencing with
Section 17001) of Part 1 of Division 9 of the Food and Agricultural
Code applies, and those animals shall be disposed of in accordance
with those provisions.
(e) If the requirements of this chapter are not satisfied, nothing
in this chapter affects the rights and liabilities of the landlord,
former tenant, or any other person.
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.