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AB-2791 Stray animals: impoundment: puppies: kittens. (2017-2018)

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Date Published: 04/20/2018 04:00 AM
AB2791:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2791


Introduced by Assembly Member Muratsuchi
(Coauthor: Assembly Member Cervantes)

February 16, 2018


An act to amend Sections 17006 17006, 31108, and 31752 of the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2791, as amended, Muratsuchi. Stray animals: impoundment: puppies: kittens.
Existing law prohibits certain animals that are irremediably suffering from serious illness or severe injury from being held for owner redemption or adoption, and authorizes newborns of those animals that need maternal care and have been impounded without their mothers to be euthanized without being held for owner redemption or adoption.
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, except regarding animals covered by the above provisions, that the stray dog or cat be released to a nonprofit animal rescue or an adoption organization before the scheduled euthanasia of the stray dog or cat if requested by the organization before the scheduled euthanasia of the stray dog or cat.
This bill would permit a puppy or kitten under 8 weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter to be immediately made available for release to a nonprofit animal rescue or adoption organization before euthanasia of that animal.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17006 of the Food and Agricultural Code is amended to read:

17006.
 Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Except as provided in subdivision (b) of Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

SEC. 2.

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

31108.
 (a) (1) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows:

(1)

(A) 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)

(B) 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

(2) 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) Except as provided in Section 17006, any 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.
(2) A puppy under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release 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.
(c) During the holding period required by this section and prior to before 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.

SEC. 2.SEC. 3.

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

31752.
 (a) The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, 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.
(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.
(b) 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.
(c) (1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, 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 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.
(2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release 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.
(d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded 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 and is available for redemption.
(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.