BILL NUMBER: SB 1162	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012

INTRODUCED BY   Senator Runner
    (   Coauthors:   Assembly Members 
 Donnelly   and Knight  ) 

                        FEBRUARY 22, 2012

   An act to amend Section  2807   597.1 
of the Penal Code,   and to amend Sections 10295 and 10332
of, and to add Section 2003 to, the Public Contract Code, 
relating to  the Prison Industry Authority  
animal control, and declaring the urgency thereof, to take effect
immediately .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1162, as amended, Runner.  Prison Industry Authority:
purchases by state entities.   Animal control:
tranquilizers.  
   Existing law authorizes any peace officer, humane society officer,
or animal control officer to take possession of a stray or abandoned
animal and to provide care and treatment for the animal until the
animal is deemed to be in suitable condition to be returned to the
animal's owner.  
   Existing law regulates the distribution of controlled substances,
as defined. Among other things, these provisions authorize certain
practitioners, including a physician or a veterinarian, or the
authorized agent of that practitioner in the presence of the
practitioner, to administer controlled substances.  
   This bill would authorize an animal control officer to administer
a tranquilizer that contains a controlled substance to a wild, stray,
or abandoned animal, as specified, without contemporaneous
consultation with a veterinarian, provided that the officer has
received training in the administration of tranquilizers a licensed
veterinarian and is otherwise authorized by the officer's authorizing
agency to administer the tranquilizer.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law establishes the Prison Industry Authority to operate
industrial, agricultural, and service enterprises to provide products
and services needed by the state, or any political subdivision
thereof, or by the federal government, or any department, agency, or
corporation thereof, or for any other public use. Existing law
requires state entities to purchase these products and services at
the prices fixed by the authority and exempts those purchases from
provisions that generally govern public contracts, including the
bidding process.  
   This bill would authorize, rather than require, state entities to
purchase goods produced by the authority and would provide that if a
state entity elects to purchase goods from the authority, that
purchase is exempt from the requirements governing public contracts.
In all other circumstances, the bill would require the state entity
to comply with the provisions governing public contracts and, prior
to publishing a solicitation for bids, to notify the authority that
the state entity will comply with those provisions. The bill would
require a state entity, notwithstanding any other law requiring a
state entity to award contracts to the lowest responsible bidder, to
grant a preference of not more than 10% above the lowest responsible
bid meeting specifications submitted by a private entity with respect
to any responsible bid meeting specifications submitted by the
Prison Industry Authority. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 597.1 of the   Penal
Code   is amended to read: 
   597.1.  (a)  (1)    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. Any peace officer, humane society officer,
or animal control officer shall take possession of the stray or
abandoned animal and shall provide care and treatment for the animal
until the animal is deemed to be in suitable condition to be returned
to the owner. When the officer has reasonable grounds to believe
that very prompt action is required to protect the health or safety
of the animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of
subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section. 
   (2) Notwithstanding any other law, if an animal control officer,
when necessary to protect the health and safety of a wild, stray, or
abandoned animal or the health and safety of others, seeks to
administer a tranquilizer that contains a controlled substance, as
defined in Division 10 (commencing with Section 11000) of the Health
and Safety Code, to gain control of that animal, he or she may
administer that tranquilizer without contemporaneous consultation
with a veterinarian, provided that the officer has received training
in the administration of tranquilizers from a licensed veterinarian
and is otherwise authorized by his or her authorizing agency to
administer the tranquilizer. 
   (b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty of
all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid.
   (c) (1) Any peace officer, humane society officer, or animal
control officer shall convey all injured cats and dogs found without
their owners in a public place directly to a veterinarian known by
the officer to be a veterinarian who ordinarily treats dogs and cats
for a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
   (2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
   (3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.
   (4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he
or she provides pursuant to this subdivision.
   (d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
   (e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
   (f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal seized, including any
identification upon the animal.
   (C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
   (D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
   (E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
   (2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
   (3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
   (4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.
   (g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the hearing
unless, prior to the hearing, the owner has made arrangements with
the agency to view the animal upon request of the agency, or unless
the owner can provide verification that the animal was humanely
destroyed. Any person who willfully fails to produce the animal or
provide the verification is guilty of an infraction, punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
one thousand dollars ($1,000).
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal to be seized, including any
identification upon the animal.
   (C) The authority and purpose for the possible seizure or
impoundment.
   (D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
   (E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
   (2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
   (3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
   (4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
   (h) If any animal is properly seized under this section or
pursuant to a search warrant, the owner or keeper shall be personally
liable to the seizing agency for the cost of the seizure and care of
the animal. Furthermore, if the charges for the seizure or
impoundment and any other charges permitted under this section are
not paid within 14 days of the seizure, or, if the owner, within 14
days of notice of availability of the animal to be returned, fails to
pay charges permitted under this section and take possession of the
animal, the animal shall be deemed to have been abandoned and may be
disposed of by the impounding officer.
   (i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
   (j) No animal properly seized under this section or pursuant to a
search warrant shall be returned to its owner until, in the
determination of the seizing agency or hearing officer, the animal is
physically fit or the owner can demonstrate to the seizing agency's
or hearing officer's satisfaction that the owner can and will provide
the necessary care.
   (k) (1) Upon the conviction of a person charged with a violation
of this section, or Section 597 or 597a, all animals lawfully seized
and impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
   (2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing with, animals of any kind and require the convicted
person to immediately deliver all animals in his or her possession to
a designated public entity for adoption or other lawful disposition
or provide proof to the court that the person no longer has
possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership.
   (3) Any questions regarding ownership shall be determined in a
separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons who
may assist the court in determining ownership of the animal. If the
owner is determined to be unknown or the owner is prohibited or
unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public
entity for adoption or other lawful disposition. This section is not
intended to cause the release of any animal, bird, reptile,
amphibian, or fish seized or impounded pursuant to any other statute,
ordinance, or municipal regulation. This section shall not prohibit
the seizure or impoundment of animals as evidence as provided for
under any other provision of law.
   (l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or contact
the owner or caretaker and communications with persons claiming to
be the owner or caretaker shall be recorded and maintained and be
made available for public inspection.
   SEC.   2.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:  
   In order to protect the citizens of the state from wild, stray, or
abandoned animals at the earliest possible time, it is necessary
that this act take effect immediately.  
  SECTION 1.    Section 2807 of the Penal Code is
amended to read:
   2807.  (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises that will
provide goods and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use. Goods
may be purchased by state agencies to be offered for sale to inmates
of the department and to any other person under the care of the state
who resides in state-operated institutional facilities. Fresh meat
may be purchased by food service operations in state-owned facilities
and sold for onsite consumption.
   (b) (1) All goods authorized to be produced pursuant to
subdivision (a) may be purchased by any county, city, district, or
political subdivision, or any agency thereof at the prices fixed by
the Prison Industry Authority.
   (2) All goods authorized to be produced pursuant to subdivision
(a) may be purchased by the state, or any agency thereof, as follows:

   (A) If the state entity elects to purchase the goods from the
authority at the prices fixed by the authority, that purchase shall
be exempt from the requirements of the Public Contract Code.
   (B) If the state entity does not proceed pursuant to subparagraph
(A), the state entity shall comply with the requirements of the
Public Contract Code, including, but not limited to Section 2003 of
the Public Contract Code. Prior to publishing a solicitation for
bids, the state entity shall notify the authority that the entity
intends to follow the purchasing procedures established in the Public
Contract Code.
   (c) All products and services provided by the authority may be
offered for sale to a nonprofit organization, provided that all of
the following conditions are met:
   (1) The nonprofit organization is located in California and is
exempt from taxation under Section 501(c)(3) of Title 26 of the
United States Code.
   (2) The nonprofit organization has entered into a memorandum of
understanding with a local education agency. As used in this section,
"local education agency" means a school district, county office of
education, state special school, or charter school.
   (3) The products and services are provided to public school
students at no cost to the students or their families. 

  SEC. 2.    Section 2003 is added to the Public
Contract Code, to read:
   2003.  Notwithstanding any other provision of law requiring a
state entity to award contracts to the lowest responsible bidder, a
state agency shall grant a preference of not more than 10 percent
above the lowest responsible bid meeting specifications submitted by
a private entity to any responsible bid meeting specifications from
the Prison Industry Authority.  
  SEC. 3.    Section 10295 of the Public Contract
Code is amended to read:
   10295.  (a) All contracts entered into by any state agency for (1)
the acquisition of goods or elementary school textbooks, (2)
services, whether or not the services involve the furnishing or use
of goods or are performed by an independent contractor, (3) the
construction, alteration, improvement, repair, or maintenance of
property, real or personal, or (4) the performance of work or
services by the state agency for or in cooperation with any person,
or public body, are void unless and until approved by the department.
Every contract shall be transmitted with all papers, estimates, and
recommendations concerning it to the department and, if approved by
the department, shall be effective from the date of the approval.
   (b) This section applies to any state agency that by general or
specific statute is expressly or impliedly authorized to enter into
transactions referred to in this section.
   (c) This section does not apply to the following:
   (1) Any transaction entered into by the Trustees of the California
State University, by the Board of Governors of the California
Community Colleges, or by a department under the State Contract Act
or the California State University Contract Law.
   (2) Any contract of a type specifically mentioned and authorized
to be entered into by the Department of Transportation under Section
14035 or 14035.5 of the Government Code, Sections 99316 to 99319,
inclusive, of the Public Utilities Code, or the Streets and Highways
Code.
   (3) Any contract entered into by the Department of Transportation
that is not funded by money derived by state tax sources but, rather,
is funded by money derived from federal or local tax sources.
   (4) Any contract entered into by the Department of Personnel
Administration for state employee benefits, occupational health and
safety, training services, or combination thereof.
   (5) Any contract let by the Legislature.
   (6) Any contract entered into under the authority of Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code.
   (7) Any contract that is exempt from the Public Contract Code
pursuant to Section 2807 of the Penal Code.  
  SEC. 4.    Section 10332 of the Public Contract
Code is amended to read:
   10332.  Any state agency that receives delegated authority to
acquire goods shall be authorized, at a minimum, to make the
following types of acquisitions:
   (a) Acquisitions not exceeding the dollar value established
pursuant to Section 10330.
   (b) Acquisitions in any amount of goods available under an
unexpired statewide or regional contract. Acquisitions of goods for
which a valid statewide or regional contract is in effect may not be
made, without the approval of the office, from a supplier other than
the supplier with whom the state has a valid contract.
   (c) Acquisitions in any amount of goods that state agencies
acquire from the Prison Industry Authority pursuant to Section 2807
of the Penal Code.
   (d) Acquisitions not exceeding the dollar amount, established
pursuant to Section 10330, of goods designated in price schedules
that the office has established with suppliers. Acquisitions not
exceeding the dollar amount, established pursuant to Section 10330,
of goods designated in price schedules may be made from a supplier
other than the supplier specified on a price schedule if another
supplier offers the same or equivalent goods at a price lower than
the price established in the price schedule. The agency shall notify
the office prior to making the acquisition. The acquisition may be
made 48 hours after receipt of the notice by the office unless the
office advises the agency that the goods to be acquired are not the
same or equivalent to the goods specified on a price schedule.
   (e) Acquisitions not exceeding the dollar value, established
pursuant to Section 10330, of goods that are available from the state
warehouses but which the state agency can acquire from another
supplier at a price lower than the price charged by the department.
The agency shall notify the office prior to making the acquisition.
The acquisition may be made 48 hours after receipt of the notice by
the office unless the office advises the agency that the goods to be
acquired are not the same or equivalent to the goods available from
the state warehouses.