BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2278 (Linder) - Animal control: seizure of animals: costs
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|Version: May 23, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2278 would clarify and revise procedures related to
the seizure or impoundment of animals, including but not limited
to the notification to animal owners regarding hearings and the
payment of costs when an animal is seized or impounded, as
specified.
Fiscal
Impact:
Recoverable local agency costs : Potentially significant
increase in non-reimbursable local agency costs (Local Funds)
for the seizure, impoundment, care and treatment of animals,
and the sending of statements of charges, to be reimbursed by
the owners of the seized and impounded animals.
Potentially unrecoverable local agency costs : Potential
increase in local agency costs, potentially state reimbursable
(General Fund) for the seizure, care and treatment of animals
remaining impounded beyond 14 days from the date of seizure
for (1) the non-payment of charges, which is extended to 14
days from service of the notice of charges; (2) the payment of
charges but inability of the owner to guarantee care for the
AB 2278 (Linder) Page 1 of
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animal as required for release of the animal to the owner;
and, (3) the extended period of impoundment and care pending
express approval of the court for animals seized pursuant to a
search warrant.
Notice of charges process : Although the cost of sending the
statements of charges is recoverable from the owners, the bill
does not specifically provide for the recovery of costs to
establish the process of noticing, including the workload
required to prepare the initial and subsequent notices. As a
result, this provision could be determined to create a higher
level of service on local agencies, potentially requiring
reimbursement from the state (General Fund) for these
additional administrative costs.
Background: Under existing law, an owner of any animal who permits the
animal to be in any location without proper care and attention
is guilty of a misdemeanor. (Penal Code (PC) § 597(a)(1).)
Existing law provides that a peace officer, humane officer, or
animal control officer shall take possession of the stray or
abandoned animal and shall provide care and treatment for the
animal until the animal is deemed to be in suitable condition to
be returned to the owner. When the officer has reasonable
grounds to believe that very prompt action is required to
protect the health or safety of the animal or the health or
safety of others, the officer is required to immediately seize
the animal, and prior to the commencement of any criminal
proceedings, provide the owner or keeper of the animal, if known
or ascertainable after reasonable investigation, with the
opportunity for a postseizure hearing to determine the validity
of the seizure or impoundment, or both. (PC § 597.1(a)(1), (f).)
Under existing law, if an animal is properly seized or pursuant
to a search warrant, the owner or keeper is personally liable to
the seizing agency for the cost of the seizure and care of the
animal. Further, if the charges for the seizure or impoundment
and any other charges permitted are not paid within 14 days of
the seizure, or if the owner, within 14 days of notice of
availability of the animal to be returned, fails to pay charges
permitted under this section and take possession of the animal,
the animal is deemed to have been abandoned and may be disposed
of by the seizing agency. (PC § 597.1 (h).)
AB 2278 (Linder) Page 2 of
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Proposed Law:
This bill would both clarify and revise procedures related to
the seizure or impoundment of animals, including but not limited
to the notification to animal owners regarding hearings and the
payment of costs when an animal is seized or impounded.
Specifically, this bill:
Requires a seizing agency to provide care and treatment
for a seized animal until the animal is placed, returned to
the owner, or euthanized. [expands upon existing law, which
requires care and treatment until the animal is deemed to
be in suitable condition to be returned to the owner]
Specifies that the owner or keeper of the animal is
liable to the seizing agency or impounding agency for the
entire cost of the seizure and impoundment of the animal,
and care of the animal, including costs associated with
preparing and posting notices and sending statements of
charges. [existing law only references seizing agency and
does not include impounding agency]
Requires the seizing agency to present the owner with a
"notice of charges," a statement listing all accrued
charges for the seizure, impoundment, are care of the
animal, either at the postseizure hearing, or by personal
service, first class mail, or electronic mail, as
specified. [a new requirement]
Requires the seizing agency to include in the statement
of charges that the animal will be deemed abandoned if
charges are not paid within 14 days of service of the
notice of charges, and that the payment of fees does not
guarantee the release of the animal, but does allow the
owner to retain an ownership interest in the animal. [a new
requirement]
Requires the impounding agency to continue to send
subsequent notices of additional charges for care of the
animal, not less than 14 days but not more than 21 days
from the date the last statement was presented, for animals
that remain impounded after the initial charges are paid.
[a new requirement]
AB 2278 (Linder) Page 3 of
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Deletes the existing provision of law that provides that
if an animal requires veterinary care and the humane
society or public agency is not assured within 14 days of
the seizure of the animal that the owner will provide the
necessary care, the animal shall not be returned to its
owner and shall be deemed to have been abandoned and may be
disposed of by the seizing agency.
Expands authority of a prosecuting attorney to file a
petition in a criminal action requesting that, prior to
final disposition, the court issue an order forfeiting the
animal to the city, county, or seizing agency from cases
involving cats and dogs, to cases involving any animal.
Requires that if the animal was seized pursuant to a
search warrant, that the court that issued or adjudicated
the warrant give its express approval prior to the release
of the animal to the owner.
Requires the prosecutor's office with jurisdiction to
inform the seizing or impounding agency if the decision is
made not to file criminal charges based on conduct related
to the impoundment of the animal.
Requires the animal to be released to the owner if a
decision has been made not to file criminal charges, the
animal has not otherwise been deemed abandoned, and
irrespective of whether the owner can demonstrate that he
or she can and will provide the necessary care for the
animal.
Prior
Legislation: SB 1500 (Lieu) Chapter 598/2012 made a number of
clarifying changes to provisions dealing with the seizure of
animals.
Staff
Comments: This bill specifies additional procedures with regard
to the seizure and impoundment of animals, including more
detailed requirements on the notification of charges to animal
owners. While some costs related to the seizure, impoundment,
AB 2278 (Linder) Page 4 of
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care and treatment of animals will be reimbursed by the owners
of the seized and impounded animals, and therefore, are not
reimbursable by the state, the portion of costs that are
unrecoverable from animal owners under the following
circumstances could potentially be subject to mandate
reimbursement - the seizure, care and treatment of animals
remaining impounded beyond 14 days from the date of seizure for
(1) the non-payment of charges, which is extended to 14 days
from service of the notice of charges; (2) the payment of
charges but inability of the owner to guarantee care for the
animal as required for release of the animal to the owner; and,
(3) the extended period of impoundment and care pending express
approval of the court for animals seized pursuant to a search
warrant.
Staff notes the Commission on State Mandates in a previous
decision on Animal Adoption (98-TC-11) approved reimbursement to
local agencies for the costs of care and maintenance for
impounded stray or abandoned animals during increased holding
periods, including for animals that were ultimately euthanized.
Although the cost of sending the statements of charges is
recoverable from the owners, the bill does not specifically
provide for the recovery of costs to establish the process of
noticing, including the workload required to prepare the initial
and subsequent notices. As a result, this provision could be
determined to create a higher level of service on local
agencies, potentially requiring reimbursement from the state
(General Fund) for these additional administrative costs.
Recommended
Amendments: Several provisions of PC § 597.1 make reference to
the costs or provision of "care and treatment" of animals, while
other provisions make reference to only the costs or provision
of "care" of the animal. For consistency, the author may wish to
consider the following amendments to PC § 597.1:
(f) (4) The agency, department, or society employing the person
who directed the seizure shall be responsible for the costs
incurred for caring and treating the animal, if it is determined
in the postseizure hearing that the seizing officer did not have
reasonable grounds to believe very prompt action, including
seizure of the animal, was required to protect the health or
safety of the animal or the health or safety of others. If it is
AB 2278 (Linder) Page 5 of
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determined the seizure was justified, the owner or keeper shall
be personally liable to the seizing agency for the full cost of
the seizure and care seizure, care, and treatment of the animal.
The charges for the seizure and care seizure, care and treatment
of the animal shall be a lien on the animal. The animal shall
not be returned to its owner until the charges are paid and the
owner demonstrates to the satisfaction of the seizing agency or
the hearing officer that the owner can and will provide the
necessary care for the animal.
(h) (1) If any animal is properly seized or impounded, or both
seized and impounded, under this section or pursuant to a search
warrant, the owner or keeper shall be personally liable to the
seizing agency or impounding agency, or both the seizing agency
and the impounding agency, for all costs of the seizure or
impoundment, or both the seizure and impoundment, and care and
treatment of the animal, including all costs associated with the
preparation and posting of notices and sending of statements of
charges in accordance with this section.
(h) (3) Notice of charges for the seizure, impoundment, and care
care and treatment of the animal pursuant to this section shall
be executed as follows:
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