BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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