BILL NUMBER: AB 2949 CHAPTERED BILL TEXT CHAPTER 265 FILED WITH SECRETARY OF STATE AUGUST 4, 2008 APPROVED BY GOVERNOR AUGUST 4, 2008 PASSED THE SENATE JULY 7, 2008 PASSED THE ASSEMBLY JULY 15, 2008 AMENDED IN SENATE JULY 2, 2008 AMENDED IN ASSEMBLY MAY 12, 2008 AMENDED IN ASSEMBLY MAY 6, 2008 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, 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 require any person or private entity with whom a live animal is involuntarily deposited to immediately notify animal control officials for the purpose of retrieving the animal. 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 shall immediately notify animal control officials for the purpose of retrieving the 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 a depositary who complies with this subdivision. (c) A public agency or shelter with whom 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. (d) The person in possession of the abandoned animal is subject to all local ordinances and state laws that govern the proper care and treatment of those animals. (e) For purposes of this section, the person or private entity that notifies animal control officials to retrieve the animal or the successor property owner shall not be considered the keeper of the animal or the agent of the animal's owner as those terms are used 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.