BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1810|
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CONSENT
Bill No: AB 1810
Author: Maienschein (R)
Amended: 6/2/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 6/10/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
ASSEMBLY FLOOR : 71-0, 3/28/14 - See last page for vote
SUBJECT : Deposits for keeping: abandoned animals
SOURCE : American Society for the Prevention of Cruelty to
Animals
DIGEST : This bill authorizes veterinarians and animal care
facilities 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 group has been
contacted and has agreed to take the animal. If unable to place
the animal with a new owner, shelter, or group, this bill
permits, instead of requires, the facility or veterinarian to
have the animal euthanized.
ANALYSIS : Existing law requires a depositary of living
animals to provide the animals with necessary and prompt
veterinary care, nutrition, shelter, and to treat them kindly.
A depository that fails to perform those duties may be liable
for civil damages.
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Existing law provides that it is the policy of the State that no
adoptable animal should be euthanized if it can be adopted into
a suitable home and no treatable animal should be euthanized, if
the animal could become adoptable with reasonable efforts.
Existing law deems an animal "abandoned" if an animal is
delivered to any veterinarian, dog kennel, cat kennel,
pet-grooming parlor, animal hospital, or any other animal care
facility pursuant to a written or oral agreement and the owner
does not pick up the animal within 14 calendar days after the
day the animal was due to be picked up.
Existing law requires the animal care facility or veterinarian
into whose care the abandoned animal was placed to first try for
a period of not less than 10 days to find a new owner for the
animal, and, if unable to place the animal with a new owner,
humanely destroy the animal.
This bill authorizes the animal care facility or veterinarian
into whose care the animal was placed to 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, if the shelter or
group has been contacted and agreed to take the animal.
This bill permits, instead of requires, the animal care facility
or veterinarian into whose care the animal was placed, if unable
to place the animal with a new owner, shelter, or group, to have
the animal euthanized.
Existing law specifies that an abandoned animal, as specified,
cannot be used for scientific or any other kind of
experimentation and may not be turned over to a pound or animal
or regulation department of a public agency.
This bill instead provides that an abandoned animal shall not be
used for scientific or any other type of experimentation.
Background
During the past 15 years, many California communities have made
meaningful strides to reduce the deaths of homeless and
abandoned animals. Public and private sources have funded
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affordable programs for dog and cat spaying and neutering,
public education campaigns have promoted the importance of
adopting pets, and a growing number of private rescue groups
have been formed to increase assistance to shelters in finding
new homes for animals. However, according to the Humane Society
of the United States, approximately three to four million
animals are still euthanized each year. (California Sheltering
Report, Charting a Path Forward: Reaching California's policy to
save all adoptable and treatable animals, April 30, 2014.)
In 2012, Governor Brown proposed repealing certain existing
state laws affecting animal shelters in California due to
budget-related issues, prompting the formation of a diverse
group of stakeholders. This group sought to identify meaningful
ways to realize California's policy "that no adoptable [or
treatable] animal should be euthanized if it can be adopted into
a suitable home." The resulting legislative recommendations
addressed misunderstandings of what is and is not permissible
under current law, and suggested clarifications to better help
California achieve its goal of ending the euthanasia of
adoptable pets. These recommendations relied heavily on
permissive language rather than mandatory language to give
communities flexibility to pursue additional life-saving tactics
for animals that might currently be prohibited by state law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/11/14)
American Society for the Prevention of Cruelty to Animals
(source)
American Kennel Club
California Animal Control Directors Association
California Veterinary Medical Association
Sacramento Council of Dog Clubs, Inc.
State Humane Association of California
ASSEMBLY FLOOR : 71-0, 3/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Gatto, Gomez, Gonzalez, Gordon, Gorell,
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Gray, Grove, Hall, Roger Hernández, Holden, Jones, Levine,
Linder, Lowenthal, Maienschein, Mansoor, Melendez, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, John A. Pérez
NO VOTE RECORDED: Bigelow, Garcia, Hagman, Harkey,
Jones-Sawyer, Logue, Medina, Morrell, Yamada
AL:d 6/11/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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