Amended in Assembly April 21, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2343


Introduced by Assembly Member Gatto

February 21, 2014


An act to amend Sections 31108, 31751.3,begin insert andend insert 31752begin delete, and 31754end delete of the Food and Agricultural Code, and to add Section 17581.8 to the Government Code, relating to stray animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 2343, as amended, Gatto. 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 billbegin delete 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 billend delete 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 rescuebegin insert groupend insert or adoption organizationbegin delete, as defined,end delete 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 rescuebegin insert groupend insert 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 rescuebegin insert groupend insert 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.

begin delete

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.

end delete

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 wouldbegin delete 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 wouldend delete 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,begin insert and administered by the State Department of Public Health,end insert if the city, county, city and county, or joint powers authority complies with specified procedures for securing funds, and uses any funds received forbegin delete thoseend deletebegin insert specifiedend insert purposes relating to the provision ofbegin insert mandatedend insert care for impounded animals in shelters.begin insert The bill would provide that the grant funding shall constitute the constitutionally required reimbursement for the provision of that mandated care.end insert 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 thatbegin delete funding, thereby imposing a state-mandated local program by mandating new duties on local governmental entities.end deletebegin insert funding.end insert

(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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) California has long sought to protect the welfare and interests
4of homeless animals.

P4    1(2) With the passage of the “Hayden Law” (Ch. 752, Stats.
21998), California codified longer holding periods for homeless
3animals in shelters and, among other things, required shelters to
4provide necessary veterinary care, to post lost and found lists, and
5to release animals scheduled to be euthanized to animal adoption
6and rescue organizations.

7(3) The Commission on State Mandates ruled in 2001 that some
8policies of the Hayden Law are reimbursable mandates, which led
9to multiyear suspensions of funding for animal shelters during the
10state’s budget crisis.

11(4) The vulnerability of these policies governing the treatment
12of homeless animals in shelters prompted the formation of a
13statewide stakeholders group that evaluated outcomes, developed
14best practices, and proposed solutions to help meet the state’s
15policy goal that no adoptable or treatable animal should be
16euthanized if it can be adopted into a suitable home, while
17addressing the state mandate funding issues.

18(b) It is the intent of the Legislature that $10 million should be
19appropriated in thebegin delete 2015-16end delete Budget Actbegin insert of 2015end insert to fund the state
20block grant program established pursuant to Section 17581.8 of
21the Governmentbegin delete Code.end deletebegin insert Code, as added by this act.end insert

22(c) It is further the intent of the Legislature that funds from the
23block grant program established pursuant to Section 17581.8 of
24the Government Code should be administered by the State
25Department of Public Health, with a portion of those funds used
26for the care of stray animals in shelters.

27

SEC. 2.  

Section 31108 of the Food and Agricultural Code is
28amended to read:

29

31108.  

(a) Except as provided in Section 17006,begin delete for any local
30governmental entity that receives block grant funding under Section
3117581.8 of the Government Code,end delete
no stray dog impounded
32pursuant to this division shall be euthanized or otherwise disposed
33of until after the expiration of the required holding period, which
34shall be six business days, not including the day of impoundment,
35except as follows:

36(1) If the public or private shelter has made the dog available
37for owner redemption on one weekday evening until at least 7 p.m.
38or one weekend day, the holding period shall be four business
39days, not including the day of impoundment.

P5    1(2) If the public or private shelter has fewer than three full-time
2employees or is not open during all regular weekday business
3hours, and if it has established a procedure to enable owners to
4reclaim their dogs by appointment at a mutually agreeable time
5when the public or private shelter would otherwise be closed, the
6holding period shall be four business days, not including the day
7of impoundment.

8(b) (1) In addition to the prohibition against euthanasia set forth
9in subdivision (a), a stray dog impounded pursuant to this division
10shall be made available for owner redemption, adoption, or release
11to an animal rescuebegin insert groupend insert or adoption organization during the
12required holding period, as follows:

13(A) A stray dog with identification shall be held exclusively for
14owner redemption during the entire holding period.

15(B) A stray dog without identification shall be held exclusively
16for owner redemption during the first 72 hours of the holding
17period, and then may be made available for adoption or release to
18an animal rescuebegin insert groupend insert or adoption organization.

19(C) Each member of a litter of puppies without identification,
20consisting of three or more stray dogs under four months of age
21that originated from the same location, may be made available for
22adoption or release to an animal rescuebegin insert groupend insert or adoption
23organization at any time.

24(2) Nothing in this section is intended to prevent an owner from
25reclaiming his or her dog during or after any required holding
26period, pursuant to applicable law, if the public or private shelter
27still has physical possession of the dog.

28(c) Except as provided in Section 17006, a stray dog that is
29impounded pursuant to this division shall, before the euthanasia
30of that animal, be released to a nonprofit, as defined in Section
31501(c)(3) of the Internal Revenue Code, animal rescuebegin insert groupend insert or
32adoption organization if requested by thebegin insert group orend insert organization
33 before the scheduled euthanasia of that animal. The public or
34private shelter may enter into cooperative agreements with any
35animal rescuebegin insert groupend insert or adoption organization. In addition to any
36required spay or neuter deposit, the public or private shelter, at its
37discretion, may assess a fee, not to exceed the standard adoption
38fee, for animals adopted or released.

39(d) During the holding period required by this section and before
40the adoption, release to an animal rescuebegin insert groupend insert or adoption
P6    1organization, or euthanasia of a dog impounded pursuant to this
2division, a public or private shelter shall scan the dog for a
3microchip that identifies the owner of that dog and shall make
4reasonable efforts to contact the owner and notify him or her that
5his or her dog is impounded and is available for redemption.

6(e) As used in this division, a “business day” includes any day
7that a public or private shelter is open to the public for at least four
8hours, excluding state holidays.

9(f) As used in this section, “identification” means a microchip,
10a readily visible license tag, as prescribed by Section 30951, a
11rabies vaccination tag, or other tag, tattoo, marking, or accessory
12that displays the identity or contact information of the owner or
13caretaker of the dog.

begin delete

14(g) As used in this section, an “animal rescue or adoption
15organization” is a for-profit or nonprofit, as described in Section
16501(c)(3) of the Internal Revenue Code, entity, or a collaboration
17of individuals with at least one of its purposes being the sale or
18placement of any dog that has been removed from a public animal
19control agency or shelter, society for the prevention of cruelty to
20animals shelter, or humane society shelter, or that has been
21previously owned by any person other than the original breeder
22of that dog.

end delete
23

SEC. 3.  

Section 31751.3 of the Food and Agricultural Code is
24amended to read:

25

31751.3.  

(a) begin delete(1)end deletebegin deleteend deleteExcept as otherwise provided in subdivision
26(b), no public animal control agency or shelter, society for the
27prevention of cruelty to animals shelter, humane society shelter,
28or animal rescuebegin delete or adoption organizationend deletebegin insert groupend insert shall sell, or give
29away to a new owner, any cat that has not been spayed or neutered.

begin delete

30(2) For purposes of this chapter, an “animal rescue or adoption
31organization” is a for-profit or not-for-profit, as described in
32Section 501(c)(3) of the Internal Revenue Code, entity, or a
33collaboration of individuals with at least one of its purposes being
34the sale or placement of cats that have been removed from a public
35animal control agency or shelter, society for the prevention of
36cruelty to animals shelter, or humane society shelter, or that have
37been previously owned by any person other than the original
38breeder of that cat.

end delete

39(b) (1) If a veterinarian licensed to practice veterinary medicine
40in this state certifies that a cat is too sick or injured to be spayed
P7    1or neutered, or that it would otherwise be detrimental to the health
2of the cat to be spayed or neutered, the adopter or purchaser shall
3pay the public animal control agency or shelter, society for the
4prevention of cruelty to animals shelter, humane society shelter,
5or animal rescuebegin delete or adoption organizationend deletebegin insert groupend insert a deposit of not
6less than forty dollars ($40), and not more than seventy-five dollars
7($75).

8(2) The entity shall establish the amount of the deposit at the
9level it determines is necessary to encourage the spaying or
10neutering of cats.

11(3) The deposit shall be temporary, and shall only be retained
12until the cat is healthy enough to be spayed or neutered, as certified
13by a veterinarian licensed to practice veterinary medicine in this
14state.

15(4) The cat shall be spayed or neutered within 14 business days
16of that certification.

17(5) The adopter or purchaser shall obtain written proof of
18spaying or neutering from the veterinarian performing the
19operation.

20(6) If the adopter or purchaser presents proof of spaying or
21neutering to the entity from which the cat was obtained within 30
22business days of obtaining the proof, the adopter or purchaser shall
23receive a full refund of the deposit.

24(c) Public animal control agencies or shelters, society for the
25prevention of cruelty to animals shelters, humane society shelters,
26and animal rescuebegin delete or adoption organizationsend deletebegin insert groupsend insert may enter into
27cooperative agreements with each other and with veterinarians in
28lieu of requiring spaying and neutering deposits to carry out this
29section.

30(d) Any funds from unclaimed deposits made pursuant to this
31section, as it read on January 1, 1999, and any funds from deposits
32unclaimed after January 1, 2000, may be expended only for
33programs to spay or neuter cats and dogs, including agreements
34with a society for the prevention of cruelty to animals or a humane
35society or licensed veterinarian, to operate a program to spay or
36neuter cats and dogs.

37(e) This section only applies to a county that has a population
38exceeding 100,000 persons as of January 1, 2000, and to cities
39within that county.

P8    1

SEC. 4.  

Section 31752 of the Food and Agricultural Code is
2amended to read:

3

31752.  

(a) Except as provided in Section 17006,begin delete for any local
4governmental entity that receives block grant funding under Section
517581.8 of the Government Code,end delete
no stray cat admitted to a public
6or private shelter shall be euthanized or otherwise disposed of until
7after the expiration of the required holding period, which shall be
8six business days, not including the day of admission, except as
9follows:

10(1) If the public or private shelter has made the cat available for
11owner redemption on one weekday evening until at least 7 p.m.
12or one weekend day, the holding period shall be four business
13days, not including the day of admission.

14(2) If the public or private shelter has fewer than three full-time
15employees or is not open during all regular weekday business
16hours, and if it has established a procedure to enable owners to
17reclaim their cats by appointment at a mutually agreeable time
18when the public or private shelter would otherwise be closed, the
19holding period shall be four business days, not including the day
20of admission.

21(b) (1) In addition to the prohibition against euthanasia set forth
22in subdivision (a), a stray cat admitted to a public or private shelter
23shall be made available for owner redemption, adoption, or release
24to an animal rescuebegin insert groupend insert or adoption organization during the
25required holding period, as follows:

26(A) Any stray cat with identification shall be held exclusively
27for owner redemption during the entire holding period.

28(B) Any stray cat without identification may be made available
29for adoption or release to an animal rescuebegin insert groupend insert or adoption
30organization at any time.

31(2) Nothing in this section is intended to prevent an owner from
32reclaiming his or her cat during or after any required holding
33period, pursuant to applicable law, if the public or private shelter
34still has physical possession of the cat.

35(c) Except as provided in Section 17006, any stray cat that is
36 admitted pursuant to this division shall, before the euthanasia of
37that animal, be released to abegin delete for-profit orend delete nonprofit, as defined in
38Section 501(c)(3) of the Internal Revenue Code, animal rescue
39begin insert groupend insert or adoption organization if requested by thebegin insert group orend insert
40 organization before the scheduled euthanasia of that animal. In
P9    1addition to any required spay or neuter deposit, the public or private
2shelter, at its discretion, may assess a fee, not to exceed the
3standard adoption fee, for animals adopted or released. The public
4or private shelter may enter into cooperative agreements with any
5animal rescuebegin insert groupend insert or adoption organization, for purposes of
6compliance with this section.

7(d) During the holding period required by this section and before
8the adoption, release to an animal rescuebegin insert groupend insert or adoption
9organization, or euthanasia of a cat admitted pursuant to this
10division, a public or private shelter shall scan the cat for a
11microchip that identifies the owner of that cat and shall make
12reasonable efforts to contact the owner and notify him or her that
13his or her cat is admitted and is available for redemption.

14(e) As used in this division, a “business day” includes any day
15that a public or private shelter is open to the public for at least four
16hours, excluding state holidays.

17(f) As used in this section, “identification” means a microchip,
18a readily visible license tag, rabies vaccination tag, or other tag,
19tattoo, marking, or accessory that displays the identity or contact
20information of the owner or caretaker of the cat.

begin delete

21(g) As used in this section, an “animal rescue or adoption
22organization” is a for-profit or nonprofit, as described in Section
23501(c)(3) of the Internal Revenue Code, entity, or a collaboration
24of individuals with at least one of its purposes being the sale or
25placement of any cat that has been removed from a public animal
26control agency or shelter, society for the prevention of cruelty to
27animals shelter, or humane society shelter, or that has been
28previously owned by any person other than the original breeder
29of that cat.

end delete
begin delete
30

SEC. 5.  

Section 31754 of the Food and Agricultural Code is
31amended to read:

32

31754.  

(a) Except as provided in Section 17006, for any local
33governmental entity that receives block grant funding under Section
3417581.8 of the Government Code, any animal relinquished by the
35purported owner or any other person with the authority to relinquish
36the animal that is of a species admitted by public or private shelters
37 may be made immediately available for adoption or release to an
38animal rescue or adoption organization, but if not so adopted or
39released, shall not be euthanized or otherwise disposed of until the
P10   1expiration of the holding period applicable to stray dogs in Section
231108 and stray cats in Section 31752.

3(b) Nothing in this section is intended to require a public or
4private shelter to admit an animal that is relinquished by the owner.

end delete
5

begin deleteSEC. 6.end delete
6begin insertSEC. 5.end insert  

Section 17581.8 is added to the Government Code, to
7read:

8

17581.8.  

(a) Funding apportioned pursuant to this section shall
9constitute reimbursement pursuant to Section 6 of Article XIII B
10of the California Constitution for the performance of any state
11mandates included in the statutes and executive orders identified
12in subdivision (e).

13(b) (1) A city, county, city and county, or joint powers authority
14may elect to receive block grant funding pursuant to this section.

15(2) The State Department of Public Health shall administer the
16block grant funding program established under this section.

17(c) (1) A city, county, city and county, or joint powers authority
18that elects to receive block grant funding pursuant to this section
19in a given fiscal year shall submit a letter requesting funding to
20the State Department of Public Health on or before August 30 of
21the fiscal year in which the funding is available.

22(2) The State Department of Public Health shall, no later than
23November 30 of each fiscal year in which the funding is available,
24apportion block grant funding appropriated under a specified item
25under Section 2.00 of the annual Budget Act to a city, county, city
26and county, or joint powers authority that submitted a letter to the
27department requesting funding in that fiscal year according to the
28provisions of that item.

29(3) A city, county, city and county, or joint powers authority
30that receives block grant funding pursuant to this section shall not
31be eligible to submit claims to the Controller for reimbursement
32 pursuant to Section 17560 for any costs of any state mandates
33included in the statutes and executive orders identified in
34subdivision (e) incurred in the same fiscal year during which the
35city, county, city and county or joint powers authority received
36funding pursuant to this section.

37(d) Block grant funding apportioned pursuant to this section is
38subject to annual financial and compliance audits.

39(e) If a city, county, city and county, or joint powers authority
40elects to receive block grant funding under this section, any block
P11   1grant funds received by the city, county, city and county, or joint
2powers authority shall be used to fund the costs of the following
3programs and activities:

4(1) Providing care and maintenance during the holding periods
5for impounded animals imposed under Sections 31108 and 31752
6of the Food and Agricultural Code.

7(2) Providing care and maintenance for four business days from
8the day after impoundment, or six business days from the day after
9impoundment, for impounded rabbits, guinea pigs, hamsters,
10pot-bellied pigs, birds, lizards, snakes, turtles, or tortoises, as
11legally allowed as personal property, pursuant to Section 31753
12of the Food and Agricultural Code.

13(3) For impounded animals held for four business days after the
14day of impoundment, for either of the following purposes:

15(A) Making the animal available for owner redemption on one
16weekday evening until at least 7:00 pm, or one weekend day.

17(B) For those local agencies with fewer than three full-time
18employees or that are not open during all regular weekday business
19hours, establishing a procedure to enable owners to reclaim their
20animals by appointment at a mutually agreeable time when the
21agency would otherwise be closed, pursuant to Sections 31108,
2231752, and 31753 of the Food and Agricultural Code.

23(4) Verifying whether a cat is feral or tame by using a
24standardized protocol prescribed in subdivision (c) to Section
2531752.5 of the Food and Agricultural Code.

26(5) Posting lost and found animal lists pursuant to Section 32001
27of the Food and Agricultural Code.

28(6) Maintaining records on animals that are not medically treated
29by a veterinarian, but are either taken up, euthanized after the
30holding period, or impounded, pursuant to Section 32003 of the
31Food and Agricultural Code.

32(7) Providing “necessary and prompt veterinary care” for
33abandoned animals, other than injured cats and dogs given
34emergency treatment, pursuant to Sections 1834 and 1846 of the
35Civil Code.

36(f) A city, county, city and county, or joint powers authority
37that elects not to apply for block grant funding under this section
38shall hold a public hearing, during which time it shall make a
39finding regarding its decision not to apply for that funding.

begin insert

P12   1(g) Nothing in this section shall preclude a city, county, city
2and county, or joint powers authority from complying with any
3required holding period for an impounded animal that is in effect
4on January 1, 2015.

end insert
begin insert

5(h) No more than 4 percent of the block grant funds made
6available under this section to a city, county, city and county, or
7joint powers authority shall be used for administrative costs.

end insert
8

begin deleteSEC. 7.end delete
9begin insertSEC. 6.end insert  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



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