BILL NUMBER: AB 2343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Gatto
FEBRUARY 21, 2014
An act to amend Section 31108 of the Food and
Agricultural Code, Sections 31108, 31751.3, 31752,
and 31754 of the Food and Agricultural Code, and to add Section
17581.8 to the Government Code, relating to stray
dogs animals .
LEGISLATIVE COUNSEL'S DIGEST
AB 2343, as amended, Gatto. Stray dogs: animal shelters:
holding periods. Stray animals: pounds and shelters:
adoption of dogs and cats.
(1) Existing law specifies that no stray dog or cat impounded by a
public or private shelter shall be euthanized before 6 business days
after the stray dog or cat is impounded, not including the day of
impoundment, and requires that the stray dog or cat be released to a
nonprofit animal rescue or adoption organization prior to the
scheduled euthanasia of the stray dog or cat in certain
circumstances, subject to specified exceptions. Existing law requires
that a public or private shelter make reasonable efforts to contact
the owner of a stray dog or cat that is impounded and notify him or
her that his or her dog or cat is impounded and is available for
redemption. Existing law requires that a stray dog or cat be held for
owner redemption during the first 3 days of the holding period, not
including the day of impoundment, and be available for owner
redemption or adoption for the remainder of the holding period.
This bill would, instead, for any local governmental entity that
receives specified block grant funding, prohibit a stray dog or cat
from being euthanized or otherwise disposed of until after that
required holding period, except as provided. The bill would require
that any stray dog impounded or stray cat admitted to a shelter
pursuant to those provisions be made available for owner redemption,
adoption, or release to an animal rescue or adoption organization, as
defined, during the required holding period, except as provided. The
bill would require that any stray dog or cat with identification, as
defined, be held exclusively for owner redemption during the entire
holding period, and any stray dog without identification be held
exclusively during the first 72 hours of the holding period and then
may be made available for adoption or release to an animal rescue or
adoption organization, and would authorize a public or private
shelter to make available for adoption or release to an animal rescue
or adoption organization, any stray cat without identification that
is admitted to a public private or shelter at any time. The bill
would authorize a public or private shelter to make available for
adoption or release to an animal rescue or adoption organization,
each member of a litter of puppies without identification, consisting
of 3 or more stray dogs under 4 months of age that originated from
the same location.
This bill would also specify that, for any local governmental
entity that receives specified block funding, any animal that is of a
species admitted by public or private shelters may be made
immediately available for adoption or release to an animal rescue or
adoption organization, but, if the animal is not so adopted or
released, would prohibit the animal from being euthanized or
otherwise disposed of until after expiration of the holding periods
applicable to stray dogs and cats.
By imposing new duties on local officials with regard to the
operation of public pounds and animal shelters, the bill would impose
a state-mandated local program.
(2) Under the California Constitution, whenever the Legislature or
a state agency mandates a new program or higher level of service on
any local government, the state is required to provide a subvention
of funds to reimburse the local government, with specified
exceptions.
Existing law provides that no local agency shall be required to
implement or give effect to any statute or executive order, or
portion thereof, that imposes a mandate during any fiscal year and
for the period immediately following that fiscal year if specified
conditions are met, including that the statute or executive order, or
portion thereof, has been specifically identified by the Legislature
in the Budget Act for the fiscal year as being one for which
reimbursement is not provided for that fiscal year.
This bill would provide that funding apportioned pursuant to a
specified provision of the bill for use for prescribed purposes
relating to providing care for impounded animals in shelters shall
constitute constitutionally required reimbursement for the
performance of any state mandates included in the statutes and
executive orders identified in that provision. The bill would
authorize a city, county, city and county, or joint powers authority
to elect to receive specified state block grant funding provided
under the annual Budget Act, if the city, county, city and county, or
joint powers authority complies with specified procedures for
securing funds, and uses any funds received for those purposes
relating to the provision of care for impounded animals in shelters.
The bill would require a city, county, city and county or joint
powers authority that elects not to apply for that block grant
funding to hold a public hearing, during which it shall be required
to make a finding regarding its decision not to apply for that
funding, thereby imposing a state-mandated local program by mandating
new duties on local governmental entities.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law specifies that the required holding period for a
stray dog that is impounded by a public pound or shelter shall be 6
business days, not including the day of impoundment, subject to
specified exemptions. Existing law also requires that a public or
private shelter make reasonable efforts to contact the owner of a
stray dog and notify the owner that his or her dog is impounded and
is available for redemption, during a specified holding period, as
prescribed.
This bill would make nonsubstantive changes in those provisions
governing the holding period for stray dogs that are impounded by a
public pound or shelter.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) California has long sought to protect the welfare and
interests of homeless animals.
(2) With the passage of the "Hayden Law" (Ch. 752, Stats. 1998),
California codified longer holding periods for homeless animals in
shelters and, among other things, required shelters to provide
necessary veterinary care, to post lost and found lists, and to
release animals scheduled to be euthanized to animal adoption and
rescue organizations.
(3) The Commission on State Mandates ruled in 2001 that some
policies of the Hayden Law are reimbursable mandates, which led to
multiyear suspensions of funding for animal shelters during the state'
s budget crisis.
(4) The vulnerability of these policies governing the treatment of
homeless animals in shelters prompted the formation of a statewide
stakeholders group that evaluated outcomes, developed best practices,
and proposed solutions to help meet the state's policy goal that no
adoptable or treatable animal should be euthanized if it can be
adopted into a suitable home, while addressing the state mandate
funding issues.
(b) It is the intent of the Legislature that $10 million should be
appropriated in the 2015-16 Budget Act to fund the state block grant
program established pursuant to Section 17581.8 of the Government
Code.
(c) It is further the intent of the Legislature that funds from
the block grant program established pursuant to Section 17581.8 of
the Government Code should be administered by the State Department of
Public Health, with a portion of those funds used for the care of
stray animals in shelters.
SEC. 2. Section 31108 of the Food and
Agricultural Code is amended to read:
31108. (a) The required holding period for a
Except as provided in Section 17006, for any local governmental
entity that receives block grant funding under Section 17581.8 of the
Government Code, no stray dog impounded pursuant to this
division shall be euthanized or otherwise disposed of until
after the expiration of the required holding period, which shall
be six business days, not including the day of impoundment,
except as follows:
(1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.
(b) (1) In addition to the prohibition against euthanasia set
forth in subdivision (a), a stray dog impounded pursuant to this
division shall be made available for owner redemption, adoption, or
release to an animal rescue or adoption organization during the
required holding period, as follows:
(A) A stray dog with identification shall be held exclusively for
owner redemption during the entire holding period.
(B) A stray dog without identification shall be held exclusively
for owner redemption during the first 72 hours of the holding period,
and then may be made available for adoption or release to an animal
rescue or adoption organization.
(C) Each member of a litter of puppies without identification,
consisting of three or more stray dogs under four months of age that
originated from the same location, may be made available for adoption
or release to an animal rescue or adoption organization at any time.
(2) Nothing in this section is intended to prevent an owner from
reclaiming his or her dog during or after any required holding
period, pursuant to applicable law, if the public or private shelter
still has physical possession of the dog.
(b)
(c) Except as provided in Section 17006, any
a stray dog that is impounded pursuant to this
division shall, prior to before the
euthanasia of that animal, be released to a nonprofit, as defined in
Section 501(c)(3) of the Internal Revenue Code, animal rescue or
adoption organization if requested by the organization prior
to before the scheduled euthanasia of that
animal. The public or private shelter may enter into cooperative
agreements with any animal rescue or adoption organization. In
addition to any required spay or neuter deposit, the public or
private shelter, at its discretion, may assess a fee, not to exceed
the standard adoption fee, for animals adopted or released.
(c)
(d) During the holding period required by this section
and prior to before the adoption ,
release to an animal rescue or adoption organization, or
euthanasia of a dog impounded pursuant to this division, a public or
private shelter shall scan the dog for a microchip that identifies
the owner of that dog and shall make reasonable efforts to contact
the owner and notify him or her that his or her dog is impounded and
is available for redemption.
(d)
(e) As used in this division, a "business day" includes
any day that a public or private shelter is open to the public for
at least four hours, excluding state holidays.
(f) As used in this section, "identification" means a microchip, a
readily visible license tag, as prescribed by Section 30951, a
rabies vaccination tag, or other tag, tattoo, marking, or accessory
that displays the identity or contact information of the owner or
caretaker of the dog.
(g) As used in this section, an "animal rescue or adoption
organization" is a for-profit or nonprofit, as described in Section
501(c)(3) of the Internal Revenue Code, entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of any dog that has been removed from a public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter, or that has been
previously owned by any person other than the original breeder of
that dog.
SEC. 3. Section 31751.3 of the Food and
Agricultural Code is amended to read:
31751.3. (a) (1) Except as otherwise provided in subdivision (b),
no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
animal rescue group or adoption
organization shall sell , or give away to a new
owner , any cat that has not been spayed or neutered.
(2) For the purposes of this section,
a "rescue group" chapter, an "animal rescue or
adoption organization" is a for-profit or not-for-profit ,
as described in Section 501(c)(3) of the Internal Revenue Code,
entity, or a collaboration of individuals with at least one of
its purposes being the sale or placement of cats that have been
removed from a public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, or humane society
shelter , or that have been previously owned by any
person other than the original breeder of that cat.
(b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a cat is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the cat to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or animal rescue group or
adoption organization a deposit of not less than forty dollars
($40), and not more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of cats.
(3) The deposit shall be temporary, and shall only be retained
until the cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
(4) The cat shall be spayed or neutered within 14 business days of
that certification.
(5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the cat was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and animal rescue groups or
adoption organizations may enter into cooperative agreements
with each other and with veterinarians in lieu of requiring spaying
and neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
SEC. 4. Section 31752 of the Food and
Agricultural Code is amended to read:
31752. (a) The Except as provided in
Section 17006, for any local governmental entity that receives block
grant funding under Section 17581.8 of the Government Code, no stray
cat admitted to a public or private shelter shall be euthanized or
otherwise disposed of until after the expiration of the
required holding period for a stray cat impounded pursuant
to this division , which shall be six business
days, not including the day of impoundment
admission , except as follows:
(1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of impoundment admission
.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment admission .
Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
(b) (1) In addition to the prohibition against euthanasia set
forth in subdivision (a), a stray cat admitted to a public or private
shelter shall be made available for owner redemption, adoption, or
release to an animal rescue or adoption organization during the
required holding period, as follows:
(A) Any stray cat with identification shall be held exclusively
for owner redemption during the entire holding period.
(B) Any stray cat without identification may be made available for
adoption or release to an animal rescue or adoption organization at
any time.
(2) Nothing in this section is intended to prevent an owner from
reclaiming his or her cat during or after any required holding
period, pursuant to applicable law, if the public or private shelter
still has physical possession of the cat.
(b)
(c) Except as provided in Section 17006, any stray cat
that is impounded admitted pursuant to
this division shall, prior to before
the euthanasia of that animal, be released to a for-profit or
nonprofit, as defined in Section 501(c)(3) of the Internal
Revenue Code, animal rescue or adoption organization if requested by
the organization prior to before the
scheduled euthanasia of that animal. In addition to any required spay
or neuter deposit, the public or private shelter, at its discretion,
may assess a fee, not to exceed the standard adoption fee, for
animals adopted or released. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization , for purposes of compliance with this section
.
(c)
(d) During the holding period required by this section
and prior to before the adoption ,
release to an animal rescue or adoption organization,
or euthanasia of a cat impounded
admitted pursuant to this division, a public or private shelter
shall scan the cat for a microchip that identifies the owner of that
cat and shall make reasonable efforts to contact the owner and
notify him or her that his or her cat is impounded
admitted and is available for redemption.
(d)
(e) As used in this division, a "business day" includes
any day that a public or private shelter is open to the public for
at least four hours, excluding state holidays.
(f) As used in this section, "identification" means a microchip, a
readily visible license tag, rabies vaccination tag, or other tag,
tattoo, marking, or accessory that displays the identity or contact
information of the owner or caretaker of the cat.
(g) As used in this section, an "animal rescue or adoption
organization" is a for-profit or nonprofit, as described in Section
501(c)(3) of the Internal Revenue Code, entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of any cat that has been removed from a public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter, or that has been
previously owned by any person other than the original breeder of
that cat.
SEC. 5. Section 31754 of the Food and
Agricultural Code is amended to read:
31754. (a) Except as provided in Section 17006, for any
local governmental entity that receives block grant funding under
Section 17581.8 of the Government Code, any animal relinquished
by the purported owner or any other person with the authority
to relinquish the animal that is of a species
impounded admitted by public or private shelters
may be made immediately available for adoption or release to an
animal rescue or adoption organization, but if not so adopted or
released, shall not be held for
euthanized or otherwise disposed of until the expiration of
the same holding periods, with the
same requirements of care, period applicable to
stray dogs and cats in Sections in Section
31108 and stray cats in Section 31752 , and
shall be available for owner redemption or adoption for the entire
holding period .
(b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
(c) This section shall become operative on July 1, 2002.
(b) Nothing in this section is intended to require a public or
private shelter to admit an animal that is relinquished by the owner.
SEC. 6. Section 17581.8 is added to the
Government Code , to read:
17581.8. (a) Funding apportioned pursuant to this section shall
constitute reimbursement pursuant to Section 6 of Article XIII B of
the California Constitution for the performance of any state mandates
included in the statutes and executive orders identified in
subdivision (e).
(b) (1) A city, county, city and county, or joint powers authority
may elect to receive block grant funding pursuant to this section.
(2) The State Department of Public Health shall administer the
block grant funding program established under this section.
(c) (1) A city, county, city and county, or joint powers authority
that elects to receive block grant funding pursuant to this section
in a given fiscal year shall submit a letter requesting funding to
the State Department of Public Health on or before August 30 of the
fiscal year in which the funding is available.
(2) The State Department of Public Health shall, no later than
November 30 of each fiscal year in which the funding is available,
apportion block grant funding appropriated under a specified item
under Section 2.00 of the annual Budget Act to a city, county, city
and county, or joint powers authority that submitted a letter to the
department requesting funding in that fiscal year according to the
provisions of that item.
(3) A city, county, city and county, or joint powers authority
that receives block grant funding pursuant to this section shall not
be eligible to submit claims to the Controller for reimbursement
pursuant to Section 17560 for any costs of any state mandates
included in the statutes and executive orders identified in
subdivision (e) incurred in the same fiscal year during which the
city, county, city and county or joint powers authority received
funding pursuant to this section.
(d) Block grant funding apportioned pursuant to this section is
subject to annual financial and compliance audits.
(e) If a city, county, city and county, or joint powers authority
elects to receive block grant funding under this section, any block
grant funds received by the city, county, city and county, or joint
powers authority shall be used to fund the costs of the following
programs and activities:
(1) Providing care and maintenance during the holding periods for
impounded animals imposed under Sections 31108 and 31752 of the Food
and Agricultural Code.
(2) Providing care and maintenance for four business days from the
day after impoundment, or six business days from the day after
impoundment, for impounded rabbits, guinea pigs, hamsters,
pot-bellied pigs, birds, lizards, snakes, turtles, or tortoises, as
legally allowed as personal property, pursuant to Section 31753 of
the Food and Agricultural Code.
(3) For impounded animals held for four business days after the
day of impoundment, for either of the following purposes:
(A) Making the animal available for owner redemption on one
weekday evening until at least 7:00 pm, or one weekend day.
(B) For those local agencies with fewer than three full-time
employees or that are not open during all regular weekday business
hours, establishing a procedure to enable owners to reclaim their
animals by appointment at a mutually agreeable time when the agency
would otherwise be closed, pursuant to Sections 31108, 31752, and
31753 of the Food and Agricultural Code.
(4) Verifying whether a cat is feral or tame by using a
standardized protocol prescribed in subdivision (c) to Section
31752.5 of the Food and Agricultural Code.
(5) Posting lost and found animal lists pursuant to Section 32001
of the Food and Agricultural Code.
(6) Maintaining records on animals that are not medically treated
by a veterinarian, but are either taken up, euthanized after the
holding period, or impounded, pursuant to Section 32003 of the Food
and Agricultural Code.
(7) Providing "necessary and prompt veterinary care" for abandoned
animals, other than injured cats and dogs given emergency treatment,
pursuant to Sections 1834 and 1846 of the Civil Code.
(f) A city, county, city and county, or joint powers authority
that elects not to apply for block grant funding under this section
shall hold a public hearing, during which time it shall make a
finding regarding its decision not to apply for that funding.
SEC. 7. If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 1. Section 31108 of the Food and
Agricultural Code is amended to read:
31108. (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, excluding the
day of impoundment, except as follows:
(1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days,
excluding the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, excluding the day of
impoundment.
Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
excluding the day of impoundment, and shall be available for owner
redemption or adoption for the remainder of the holding period.
(b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization. In addition to any required spay or neuter deposit, the
public or private shelter, at its discretion, may impose a fee, not
to exceed the standard adoption fee, for animals adopted or released.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.
(d) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays.