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AB-1881 Animal welfare: Dog and Cat Bill of Rights.(2021-2022)

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Date Published: 08/26/2022 04:00 AM
AB1881:v94#DOCUMENT

Amended  IN  Senate  August 25, 2022
Amended  IN  Senate  June 30, 2022
Amended  IN  Senate  June 14, 2022
Amended  IN  Assembly  April 27, 2022
Amended  IN  Assembly  April 18, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1881

Introduced by Assembly Member Santiago

February 08, 2022

An act to add Division 14.6 (commencing with Section 31800) to the Food and Agricultural Code, relating to animal welfare.


LEGISLATIVE COUNSEL'S DIGEST


AB 1881, as amended, Santiago. Animal welfare: Dog and Cat Bill of Rights.
Existing law makes it a crime for the owner or keeper of any animal to permit an animal to be in any enclosure without proper care and attention, or to abuse or neglect an animal, as specified.
This bill would enact the Dog and Cat Bill of Rights, and would require every public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the state to make a copy of the notice, as specified, available through at least one of the methods specified, including, among others, that the notice is posted on the facility’s website in a clear and conspicuous manner. The bill would would, commencing on January 1, 2024, impose a civil penalty for failure to post the notice, as specified. The bill would make legislative findings and declarations in support of the Dog and Cat Bill of Rights. The bill would also authorize the Attorney General, or the district attorney or city attorney in whose jurisdiction the violation is alleged to have occurred to bring a civil action to enforce the violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Dog and Cat Bill of Rights.

SEC. 2.

 The Legislature finds and declares all of the following:
(a) Dogs and cats have the right to be respected as sentient beings that experience complex feelings that are common among living animals while being unique to each individual animal.
(b) With the availability of free registries, microchipping with updated contact information is a key component to reuniting dogs and cats with their owners and keeping them out of shelters.
(c) Local animal welfare agencies in California are forced to spend millions of taxpayer dollars every year to collect, control, care for, and euthanize the state’s unwanted overpopulation of dogs and cats.
(d) Sterilizing dogs and cats is a key component to reducing the state’s overpopulation of dogs and cats.
(e) The Pet Lover’s License Plate was established to provide dog and cat owners in California access to free or low-cost spay and neuter services in an effort to reduce the state’s dog and cat overpopulation.
(f) Lifelong care of a dog or cat should be a commitment to that animal for the entirety of its life.
(g) Ownership of a dog or cat requires an investment of time and resources. Selecting a dog or cat that is suited to one’s home and lifestyle will lead to a more rewarding relationship between owner and animal, while reducing relinquished or abandoned animals in our communities.
(h) Dogs and cats thrive with regular enrichment that is appropriate for their age and health to maintain their physical and emotional well-being.
(i) While requirements for basic physical care, such as the provision of food, water, and shelter, are set forth in most jurisdictions, as one of the largest and most progressive states in the country, California can and should strive to recognize the importance of animals’ mental and emotional well-being.
(j) Prioritizing the mental and emotional well-being of dogs and cats can increase the animal-human bond, increase dog and cat retention, reduce neglect and cruelty, and can contribute towards a more humane and compassionate society.

SEC. 3.

 Division 14.6 (commencing with Section 31800) is added to the Food and Agricultural Code, to read:

DIVISION 14.6. Welfare of Dogs and Cats

31800.
 (a) Each public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the state shall make a copy of the notice specified in subdivision (c) available through at least one of the following methods:
(1) By posting the notice on the facility’s website in a clear and conspicuous manner.
(2) By posting a written copy of the notice in the facility where it is accessible to public view.
(3) By including the notice on the application for adoption in a clear and conspicuous manner.
(b) A fine shall not be assessed for a first time offense for failure to comply with this section. Each Commencing on January 1, 2024, each additional violation of this section occurring after 60 days from the first offense is punishable by a fine not exceeding two one hundred fifty dollars ($250). ($150).
(c) The notice required by subdivision (a) shall read as follows:
“Dogs and cats deserve to be free from exploitation, cruelty, neglect, and abuse.
Dogs and cats deserve a life of comfort, free of fear and anxiety.
Dogs and cats deserve daily mental stimulation and appropriate exercise considering the age and energy level of the dog or cat.
Dogs and cats deserve nutritious food, sanitary water, and shelter in an appropriate and safe environment.
Dogs and cats deserve regular and appropriate veterinary care.
Dogs and cats deserve to be properly identified through tags, microchips, or other humane means.
Dogs and cats deserve to be spayed and neutered to prevent unwanted litters.”
(d) The Attorney General, or the district attorney or city attorney in whose jurisdiction the violation is alleged to have occurred may bring a civil action to enforce a violation of subdivision (a).

31802.
 (a) This division does not create or imply a private right of action for a violation of this division. It is the intent of the Legislature that the notice set forth in Section 31800 is solely to inform potential owners of the standards for basic physical care and emotional well-being of dogs and cats.
(b) This division does not create a crime or a penalty other than the penalty provided in subdivision (b) of Section 31800 regarding posting requirements for educational purposes.