BILL ANALYSIS Ó AB 317 Page 1 ASSEMBLY THIRD READING AB 317 (Maienschein) As Amended April 27, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Business & |14-0 |Bonilla, Jones, | | |Professions | |Baker, Bloom, | | | | |Campos, Chang, | | | | |Dodd, Eggman, | | | | |Gatto, Holden, | | | | |Mullin, Ting, Wilk, | | | | |Wood | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- AB 317 Page 2 SUMMARY: Exempts an organization, that establishes a temporary shelter facility for the purpose of providing veterinary medical care, shelter and food and water during a state of emergency by a veterinarian licensed in another state, from a premises registration permit if the shelter meets certain conditions, including posting a notice about the use of a temporary shelter, complying with sanitary standards and ceasing operation within 60 days of establishment. Specifically, this bill: 1)Exempts an organization that establishes a temporary shelter facility, in order to provide veterinary medical care, shelter, and food and water during a state of emergency by a veterinarian, who is regularly licensed from another state, from a premises registration requirement if the following conditions are met: a) A notice is posted in a conspicuous location stating that the temporary shelter facility is being used for the diagnosis and treatment of animals affected by the state of emergency and that the diagnosis and treatment is provided by a veterinarian who is licensed in another state or territory of the United States; b) The temporary shelter facility complies with sanitary requirements, as specified; and, c) The temporary shelter ceases operations within 60 days after its establishment unless the Veterinary Medical Board (VMB) grants an extension of this date to protect the public health and safety of the animals within the temporary shelter. AB 317 Page 3 FISCAL EFFECT: According to the Assembly Appropriations Committee, any costs to the VMB are minor and absorbable. COMMENTS: Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author, "? an overwhelming number of Americans reported on a recent poll that they would not evacuate their homes during a disaster if it means leaving their pets behind. It is important that we authorize animal welfare responders to establish temporary facilities to ensure the health and safety of Californians as well as their animals. "Mid-disaster is no time to try to grapple with these logistical issues - [this bill] will make California prepared to evacuate every person and every pet when confronted by our next wildfire, flood, mudslide or other major disaster." Background. The author notes that 2015 marks the 10th anniversary of Hurricane Katrina. The disaster highlighted awareness across the nation about the need to deploy resources to provide services for displaced or lost animals including proper care and shelter during an emergency. According to the sponsor, in the event of Hurricane Sandy, many individuals had to move to temporary shelters which did not always allow animals. The ASPCA reports that it established temporary shelters to house those animals along with stray animals. This bill aims to make it clear that an organization seeking to establish a temporary shelter facility, for the purpose of animal care during a state of emergency, as determined by the appropriate authority, will be exempt from the current premises requirements for veterinary care facilities as long as specific conditions are AB 317 Page 4 met. Veterinary Medical Board. The VMB's mission is to protect consumers and animals through development and maintenance of professional standards, licensing of veterinarians, registered veterinary technicians and premises, and diligent enforcement of the Veterinary Medicine Practice Act. To that end, the VMB licenses and regulates veterinarians, registered veterinary technicians, veterinary hospitals and mobile practices. Under current law, Business and Professions Code Section 4853 requires all premises where veterinary medicine is practiced to obtain a premises permit from the VMB. There are currently over 3000 licensed premises in California and more than 11,000 licensed veterinarians. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, business owner information and a $200 registration fee. The VMB reports that the application process for a premises permit takes between three and four weeks. In the case of a declared state of emergency, this process could be viewed as prohibitive for organizations to apply for and receive the appropriate premises license currently required to provide veterinary services. In order to alleviate the potential barrier for organizations to establish temporary shelters for the sole purpose of veterinary medical care, shelter, food and water for emergency animal assistance, this bill would exempt organizations from having a premises permit as long as they post a notice that the shelter is temporary, it complies with the sanitation standards under existing law and the shelter ceases to exist within 60 days after its establishment unless the VMB grants a specific exemption. As highlighted on the Web site, http://www.ready.gov/caring-animals , most shelters for people do AB 317 Page 5 not allow animals due to public health reasons; therefore, pet emergency planning is necessary. As written, in order for a temporary shelter to be established without the proper premises permit, this bill would require a declaration of a state of emergency order as defined in Government Code Section 8858. Emergency Declarations. The Governor has the authority to issue emergency declarations for state of emergencies and state of war emergencies. Local emergencies are declared by the local governing body of a city, county or city and county. Under current law, emergencies may be declared for multiple reasons, including fires, floods, earthquakes, and storms or riots, among others. Under the provisions of this bill, an organization would be authorized to establish a temporary shelter and be exempt from the premises requirement for any state of emergency declaration ordered as defined in Government Code Section 8558. Disasters and Animals. As noted, the Hurricane Katrine disaster of 2005 heightened the awareness and need for effective emergency plans at the local, state and federal level, including emergency plans for pets. As a result, the Federal Pets Evacuation and Transportation Standards Act of 2006 was passed, which amended the Stafford Disaster Relief and Emergency Assistance Act to include that state and local emergency preparedness planning address the needs of individuals with household pets and service animals following a major disaster or emergency. In addition, the need for pet care in the event of emergencies led several animal welfare and animal care organizations to establish disaster response teams to provide emergency assistance including the ASCPA and the VMB among others. In the event of a declared state of emergency, this bill would authorize temporary shelter facilities for the purpose of providing veterinary medical care, shelter and food and water to operate in California for a limited period of time without a premises permit as required for all other animal veterinary care AB 317 Page 6 services. Policy Issue: As currently written, this bill will exempt organizations that establish a temporary shelter facility to provide veterinary medical care, shelter, food and water during a state declared emergency by a veterinarian licensed in another state to be exempt from the premises permit required by existing law. However, it is unclear if an organization that establishes a temporary facility for veterinary medical care after a declared emergency would be exempt from the premises requirement if the organization used California-licensed veterinarians. The author may wish to consider clarifying that a temporary shelter established after a declaration of an emergency could be exempt from the premises permit if they used a California-licensed veterinarian as well. Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0000423