Amended in Senate June 2, 2014

Amended in Senate May 5, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1810

Introduced by Assembly Member Maienschein

February 18, 2014

An act to amend begin delete Sections end delete begin insert Section end insert 1834.5 begin delete and 1834.6 end delete of begin insert , and to repeal Section 1834.6 end insert begin insert of, end insert the Civil Code, relating to deposits.

LEGISLATIVE COUNSEL’S DIGEST

AB 1810, as amended, Maienschein. Deposits for keeping: abandoned animals.

Existing law requires a veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal hospital, or any other animal care facility, as provided, to humanely destroy an abandoned animal, if unable to place the animal with a new owner.

This bill, instead, would authorize the euthanasia of the abandoned animal under those circumstances.

Existing law prohibits a person from using an abandoned animal for experimentation and prohibits a person from turning over an abandoned animal to a pound or animal regulation department of a public agency.

This begin delete bill, instead, end delete begin insert bill end insert would allow a person to turn an abandoned animal over to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit animal rescue group, provided that the shelter or begin insert rescue end insert group has been contacted and has agreed to take the animal.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 1834.5 of the Civil Code is amended to
read:

1834.5.  

(a) Notwithstanding any other provision of law,
whenever an animal is delivered to a veterinarian, dog kennel, cat
kennel, pet-grooming parlor, animal hospital, or any other animal
care facility pursuant to a written or oral agreement entered into
after the effective date of this section, and the owner of the animal
does not pick up the animal within 14 calendar days after the day
the animal was begin insert initially end insert due to be picked up, the animal shall be
deemed to be abandoned. The person into whose custody the
animal was placed for care shall first try for a period of not less
than 10 days to find a new owner for the animal begin delete , and, if end delete begin insert or turn
the animal over to a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, humane
society shelter, or nonprofit animal rescue group, provided that
the shelter or rescue group has been contacted and has agreed to
take the animal. If end insert unable to place the animal with a new owner,
begin delete may euthanize the animal so abandoned. end delete begin insert shelter, or rescue group,
the animal care facility may have the abandoned animal
euthanized. end insert

(b) If an animal so abandoned was left with a veterinarian or
with a facility that has a veterinarian, and a new owner cannot be
found pursuant to this section, the veterinarian may euthanize the
animal.

begin insert

(c) Nothing in this section shall be construed to require an
animal care facility or a veterinarian to euthanize an abandoned
animal upon the expiration of the 10-day period described in
subdivision (a).

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  There shall be a notice posted in a conspicuous place, or in
conspicuous type in a written receipt given, to warn a person
depositing an animal at an animal care facility of the provisions
of this section.

begin insert

(e) An abandoned animal shall not be used for scientific or any
other type of experimentation.

end insert

begin delete

SEC. 2.  

Section 1834.6 of the Civil Code is amended to read:

1834.6.  

An abandoned animal, as described in Section 1834.5,
shall not be used for scientific or any other type of experimentation.
An abandoned animal may be turned over to a public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or nonprofit animal rescue
group, provided that the shelter or group has been contacted and
has agreed to take the animal.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1834.6 of the end insert begin insert Civil Code end insert begin insert is repealed. end insert

begin delete

1834.6.  

An abandoned animal, as described in Section 1834.5,
shall not be used for scientific or any other type of experimentation,
nor shall such an abandoned animal be turned over to a pound or
animal regulation department of a public agency.

end delete