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AB-2265 Animals: euthanasia.(2023-2024)

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Date Published: 04/17/2024 09:00 PM
AB2265:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2024
Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2265

Introduced by Assembly Member McCarty

February 08, 2024

An act to amend Sections 17005, 17006, 30503, 30520, 30521, 30522, 31751.3, 31760, 31761, and 31762 17005 and 17006 of, and to add Sections 32004 and 32005 to, the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2265, as amended, McCarty. Animals: spaying, neutering, and euthanasia.

(1)Under

Under existing law, it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home, as provided.
This bill would instead state that it is the policy of the state that no animal should be euthanized if it can be adopted into a suitable home or released to a qualified nonprofit animal rescue or adoption organization, except as specified.
Existing law prohibits animals that are irremediably suffering from a serious illness or severe injury from being held for owner redemption or adoption. Existing law prohibits a stray dog or cat impounded by a public or private shelter from being 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, except those irremediably suffering, be released to a nonprofit animal rescue or adoption organization before the scheduled euthanasia of the stray dog or cat if requested by the organization, as specified. Existing law, unless a different penalty is expressly provided, makes a violation of any provision of the Food and Agricultural Code a misdemeanor.
This bill would instead declare it the policy of the state that no animal be euthanized by a public animal control agency or shelter or a private entity that contracts with a public animal control agency or shelter for animal care and control services, except as provided. This bill would require an eligible agency or shelter, as defined, up to 72 hours before a scheduled euthanasia of a dog or cat but no later than 24 hours before a scheduled euthanasia of a dog or cat, to post a daily list of any cat or dog scheduled for euthanasia on their public internet website or public Facebook social media page and to post a physical notice on the kennel of a dog or cat scheduled to be euthanized, except as provided. The bill would provide that a violation of these provisions is not a misdemeanor. To the extent that the above-described provisions impose unique requirements on public animal control agencies or shelters, the bill would impose a state-mandated local program.

(2)Existing

Existing law prohibits a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from selling or giving away to a new owner any dog or cat that has not been spayed or neutered, except as provided.

This bill would additionally prohibit a public animal control agency or shelter from giving a dog or cat to a foster unless the public animal control agency or shelter schedules a spay or neuter surgery for the dog or cat within 5 business days of the dog or cat departing the public animal control agency or shelter, and would require the surgery to be performed within 30 business days of the dog or cat departing the shelter. The bill would require a public animal control agency or shelter to require a foster to voluntarily return a dog or cat if the foster fails to bring the dog or cat to their scheduled spay or neuter appointment, and, in certain situations, would require a public animal control agency or shelter to visit the foster’s home to confirm whether the dog or cat has been altered, and, if the dog or cat is still unaltered, would require the public animal control agency or shelter to confiscate the dog or cat. To the extent that the above-described provisions impose unique requirements on public animal control agencies or shelters, the bill would impose a state-mandated local program.

Existing law requires an adopter or purchaser to pay to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a temporary deposit of not less than $40 and not more than $75 if a veterinarian licensed to practice veterinary medicine in this state certifies that a dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered.

This bill would increase the amount of that temporary deposit to $200.

Existing law authorizes a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, in certain counties with a population of less than 100,000 persons, to transfer to a new owner a dog or cat that has not been spayed or neutered only if that entity requires a written agreement where the recipient agrees in writing to be responsible for ensuring the dog or cat will be spayed or neutered within 30 business days and receives a sterilization deposit of not less than $40 and not more than $75, as provided. Existing law authorizes these entities to extend that date, in writing, at its discretion for good cause shown, as provided.

This bill would increase the amount of that sterilization deposit to $200. The bill would also delete the authorization to extend the date by which this spaying or neutering is to be completed.

Existing law imposes various requirements relating to animals on public animal control agencies and public animal shelters, including the required holding period for stray dogs and cats, a requirement to provide necessary and prompt veterinary care, nutrition, and shelter, and a requirement to keep accurate records on each animal taken up, medically treated, or impounded.
This bill would collectively define “Hayden’s Law” to mean several of those provisions relating to animals. The bill would require a public animal control agency or public animal shelter that seeks to adopt a policy, practice, or protocol that raises the potential for conflict with Hayden’s Law to first give notice to the city or county body that funds the agency or shelter and post a notice regarding the policy, practice, or protocol at its facility in a manner that is accessible to public view. The bill would require the city or county body to, within 60 days of receipt of the notice, schedule a public hearing regarding the policy, practice, or protocol. Because these provisions would be part of the Food and Agricultural Code, the violation of which would be a crime, the bill would impose a state-mandated local program.

(3)The

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(4)Existing law, unless a different penalty is expressly provided, makes a violation of any provision of the Food and Agricultural Code a misdemeanor.

Because the above provisions would be part of that code, the violation of which would be a crime, the bill would impose a state-mandated local program.

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 with regard to certain mandates no reimbursement is required by this act for specified reasons.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 17005 of the Food and Agricultural Code is amended to read:

17005.
 Except as provided pursuant to Section 17006, it is the policy of the state that no animal should be euthanized if it can be adopted into a suitable home or released to a qualified nonprofit animal rescue or adoption organization that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 501(c)(3)).

SEC. 2.

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

17006.
 (a) Except as specified in subdivision (b), it is the policy of the state that no animal be euthanized by a public animal control agency or shelter or a private entity that contracts with a public animal control agency or shelter for animal care and control services.
(b) This section does not apply to an animal irremediably suffering from a serious illness or severe injury, to a dog that is determined to be a vicious dog pursuant to Section 31645, or to newborn animals that need maternal care and have been impounded without their mothers.
(c) As used in this section, “irremediably suffering” means an animal that is unable to live without having severe, unremitting physical pain, even with prompt, necessary, and comprehensive veterinary care.

SEC. 3.Section 30503 of the Food and Agricultural Code is amended to read:
30503.

(a)For purposes of this section, a “rescue group” is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of dogs that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter, or that have been previously owned by any person other than the original breeder of that dog.

(b)(1)Except as otherwise provided in subdivision (c), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not sell or give away to a new owner any dog that has not been spayed or neutered.

(2)(A)A public animal control agency or shelter shall not give a dog to a foster unless the public animal control agency or shelter schedules a spay or neuter surgery for the dog within five business days of the dog departing the public animal control agency or shelter. The surgery shall be performed within 30 business days of the dog departing the shelter.

(B)If the foster fails to bring the dog to the dog’s scheduled spay or neuter appointment pursuant to subparagraph (A), the public animal control agency or shelter shall require the foster to voluntarily return the dog within seven business days of the foster receiving notification from the public animal control agency or shelter to return the dog.

(C)If a foster fails to bring a dog to their scheduled spay or neuter appointment pursuant to subparagraph (A) and the public animal control agency or shelter is unable to contact the foster, the public animal control agency or shelter shall, within 14 business days of the missed appointment, conduct a site visit to the foster’s home to confirm whether the dog has been altered and, if the dog is still unaltered, the public animal control agency or shelter shall confiscate the dog.

(c)(1)If a veterinarian licensed to practice veterinary medicine in this state certifies that a dog is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of two hundred dollars ($200).

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

(3)The dog shall be spayed or neutered within 14 business days of that certification.

(4)The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation.

(5)If the adopter or purchaser presents proof of spaying or neutering to the entity from which the dog was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit.

(d)Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

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

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

SEC. 4.Section 30520 of the Food and Agricultural Code is amended to read:
30520.

(a)This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 30501) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons.

(b)(1)Except as otherwise provided in this chapter, a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not sell or give away any dog that has not been spayed or neutered.

(2)(A)A public animal control agency or shelter shall not give a dog to a foster unless the public animal control agency or shelter schedules a spay or neuter surgery for the dog within five business days of the dog departing the public animal control agency or shelter. The surgery shall be performed within 30 business days of the dog departing the shelter.

(B)If the foster fails to bring the dog to the dog’s scheduled spay or neuter appointment pursuant to subparagraph (A), the public animal control agency or shelter shall require the foster to voluntarily return the dog within seven business days of the foster receiving notification from the public animal control agency or shelter to return the dog.

(C)If a foster fails to bring a dog to their scheduled spay or neuter appointment pursuant to subparagraph (A) and the public animal control agency or shelter is unable to contact the foster, the public animal control agency or shelter shall, within 14 business days of the missed appointment, conduct a site visit to the foster’s home to confirm whether the dog has been altered and, if the dog is still unaltered, the public animal control agency or shelter shall confiscate the dog.

(c)A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not transfer to a new owner a dog that has not been spayed or neutered, except as provided in subdivision (d).

(d)A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a dog that has not been spayed or neutered only if the animal shelter does both of the following:

(1)Requires a written agreement, executed by the recipient, acknowledging the dog is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the dog will be spayed or neutered within 30 business days after the agreement is signed.

(2)Receives from the recipient a sterilization deposit of two hundred dollars ($200), the terms of which are part of the written agreement executed by the recipient under this section.

(e)Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

SEC. 5.Section 30521 of the Food and Agricultural Code is amended to read:
30521.

(a)A spaying or neutering deposit may be either of the following:

(1)A portion of the adoption fee or other fees rendered in acquiring the dog that will enable the adopter to take the dog for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization.

(2)A deposit that is both of the following:

(A)Refundable to the recipient if proof of spaying or neutering of the dog is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the dog is spayed or neutered.

(B)Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days.

(b)A spaying or neutering deposit shall be in the amount of two hundred dollars ($200).

(c)All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes:

(1)A program to spay or neuter dogs and cats.

(2)A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government.

(3)A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 30520.

(4)Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter.

SEC. 6.Section 30522 of the Food and Agricultural Code is amended to read:
30522.

(a)(1)If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a civil penalty pursuant to Section 30523.

(2)An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 30523. The civil penalties shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane shelter, or rescue group. Any funds collected under this section shall be expended for the purpose of humane education, programs for low-cost spaying and neutering of dogs and cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this chapter.

(3)If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived.

(b)If a veterinarian licensed to practice veterinary medicine in this state certifies that a dog is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of two hundred dollars ($200). The deposit shall be temporary, and shall be retained only until the dog is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog shall be spayed or neutered within 14 business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the dog was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit.

(c)If an adopted dog dies within the spaying or neutering period provided for in the written agreement pursuant to Section 30520, subdivision (b) shall not apply to the dog. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. The letter shall include a description of the dog.

SEC. 7.Section 31751.3 of the Food and Agricultural Code is amended to read:
31751.3.

(a)For purposes of this section a “rescue group” is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat.

(b)(1)Except as otherwise provided in subdivision (c), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not sell or give away to a new owner any cat that has not been spayed or neutered.

(2)(A)A public animal control agency or shelter shall not give a cat to a foster unless the public animal control agency or shelter schedules a spay or neuter surgery for the cat within five business days of the cat departing the public animal control agency or shelter. The surgery shall be performed within 30 business days of the cat departing the shelter.

(B)If the foster fails to bring the cat to the cat’s scheduled spay or neuter appointment pursuant to subparagraph (A), the public animal control agency or shelter shall require the foster to voluntarily return the cat within seven business days of the foster receiving notification from the public animal control agency or shelter to return the cat.

(C)If a foster fails to bring a cat to their scheduled spay or neuter appointment pursuant to subparagraph (A) and the public animal control agency or shelter is unable to contact the foster, the public animal control agency or shelter shall, within 14 business days of the missed appointment, conduct a site visit to the foster’s home to confirm whether the cat has been altered and, if the cat is still unaltered, the public animal control agency or shelter shall confiscate the cat.

(c)(1)If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of two hundred dollars ($200).

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

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

(4)The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation.

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

(d)Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

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

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

SEC. 8.Section 31760 of the Food and Agricultural Code is amended to read:
31760.

(a)This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons.

(b)(1)Except as otherwise provided in this chapter, a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not sell or give away any cat that has not been spayed or neutered.

(2)(A)A public animal control agency or shelter shall not give a cat to a foster unless the public animal control agency or shelter schedules a spay or neuter surgery for the cat within five business days of the cat departing the public animal control agency or shelter. The surgery shall be performed within 30 business days of the cat departing the shelter.

(B)If the foster fails to bring the cat to the cat’s scheduled spay or neuter appointment pursuant to subparagraph (A), the public animal control agency or shelter shall require the foster to voluntarily return the cat within seven business days of the foster receiving notification from the public animal control agency or shelter to return the cat.

(C)If a foster fails to bring a cat to their scheduled spay or neuter appointment pursuant to subparagraph (A) and the public animal control agency or shelter is unable to contact the foster, the public animal control agency or shelter shall, within 14 business days of the missed appointment, conduct a site visit to the foster’s home to confirm whether the cat has been altered and, if the cat is still unaltered, the public animal control agency or shelter shall confiscate the cat.

(c)A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d).

(d)A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following:

(1)Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed.

(2)Receives from the recipient a sterilization deposit of two hundred dollars ($200).

(e)Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

SEC. 9.Section 31761 of the Food and Agricultural Code is amended to read:
31761.

(a)A spaying or neutering deposit may be either of the following:

(1)A portion of the adoption fee or other fees rendered in acquiring the cat that will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization.

(2)A deposit that is both of the following:

(A)Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered.

(B)Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days.

(b)Deposits shall be in the amount of two hundred dollars ($200).

(c)All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes:

(1)A program to spay or neuter dogs and cats.

(2)A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government.

(3)A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760.

(4)Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter.

SEC. 10.Section 31762 of the Food and Agricultural Code is amended to read:
31762.

(a)(1)If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a civil penalty pursuant to Section 31763.

(2)An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. The civil penalties shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. This subdivision is applicable within any county.

(3)If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived.

(b)If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of two hundred dollars ($200). The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. The cat shall be spayed or neutered within 14 business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit.

(c)If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (b) shall not apply to the cat. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. The letter shall include a description of the cat.

SEC. 11.SEC. 3.

 Section 32004 is added to the Food and Agricultural Code, to read:

32004.
 (a) (1) Except as provided pursuant to paragraph (2), (2) and subdivision (d), up to 72 hours before a scheduled euthanasia of a dog or cat but no later than 24 hours before a scheduled euthanasia of a dog or cat, each eligible agency or shelter shall post a daily list of any cat or dog scheduled for euthanasia on their public internet website or public Facebook social media page. The daily list shall meet the requirements of subdivision (c).
(2) If an eligible agency or shelter does not have a public internet website or a public Facebook social media page, the eligible agency or shelter is exempt from complying with paragraph (1).
(b) (1) Up Except as provided pursuant to paragraph (2) and subdivision (d), up to 72 hours before a scheduled euthanasia of a dog or cat but no later than 24 hours before a scheduled euthanasia of a dog or cat, each eligible agency or shelter shall post a physical notice on the kennel of a dog or cat scheduled to be euthanized. The eligible agency or shelter shall post the physical notice using 8.5 inch by 11 inch paper with the word EUTHANIZE appearing in size 72 font, and the physical notice shall meet the requirements of subdivision (c).
(2) Notwithstanding paragraph (1), if a dog or cat is housed by an eligible agency or shelter in an area without public access, the eligible agency or shelter shall post the physical notice described in paragraph (1) in an area that is accessible to public view instead of on the kennel of that dog or cat.
(c) The daily list described in subdivision (a) and the physical notice described in subdivision (b) shall meet all of the following requirements:
(1) The eligible agency or shelter shall provide all information required pursuant to this section in a clear and conspicuous manner.
(2) The eligible agency or shelter shall document the reason for the scheduled euthanasia and whether the dog or cat is available for one or more of the following:
(A) Adoption.
(B) Fostering.
(C) Transfer to a rescue group.
(3) The eligible agency or shelter shall clearly state the contact email and telephone number of the appropriate department or person to contact so that rescue, foster, or adoption can be immediately effectuated.
(d) (1) The eligible agency or shelter may provide the daily list described in subdivision (a) or the physical notice described in subdivision (b) for less than 24 hours if the eligible agency or shelter determines that doing so is in the best interest of the dog or cat scheduled for euthanasia or the general animal population at the animal shelter.
(2) For each instance where the eligible agency or shelter provides the daily list or physical notice for less than 24 hours pursuant to paragraph (1), the eligible agency or shelter shall document the reason and shall keep it on file and available for public inspection for at least three years.
(e) Section 9 does not apply to a violation of this section.

(d)

(f) As used in this section, the following definitions apply:
(1) “Eligible agency or shelter” means a public animal control agency or shelter or a private entity that contracts with a public animal control agency or shelter for animal care and control services.
(2) “Rescue group” means a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats or dogs, or both, that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat or dog, or both.

SEC. 12.SEC. 4.

 Section 32005 is added to the Food and Agricultural Code, to read:

32005.
 (a) (1) A public animal control agency or shelter that seeks to adopt a policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law shall first give notice to the city or county body that funds the public animal control agency or shelter. The public animal control agency or shelter shall also post a notice regarding the policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law at its facility in a manner that is accessible to public view.
(2) Upon receipt of the notice described in paragraph (1), the city or county body that funds the public animal control agency or shelter shall, within 60 days, schedule a public hearing regarding the policy, practice, or protocol that raises the potential for conflict with any aspect of Hayden’s Law.
(b) As used in this section, “Hayden’s Law” means all of the following:
(1) Section 1815 of the Civil Code.
(2) Section 1816 of the Civil Code.
(3) Section 1834 of the Civil Code.
(4) Section 1834.4 of the Civil Code.
(5) Section 1845 of the Civil Code.
(6) Section 1846 of the Civil Code.
(7) Section 1847 of the Civil Code.
(8) Section 2080 of the Civil Code.
(9) Section 17005 of the Food and Agricultural Code.
(10) Section 17006 of the Food and Agricultural Code.
(11) Section 31108 of the Food and Agricultural Code.
(12) Section 31752 of the Food and Agricultural Code.
(13) Section 31752.5 of the Food and Agricultural Code.
(14) Section 31753 of the Food and Agricultural Code.
(15) Section 31754 of Food and Agricultural Code.
(16) Section 32001 of the Food and Agricultural Code.
(17) Section 32003 of Food and Agricultural Code.
(18) Section 597.1 of the Penal Code.
(19) Section 599d of the Penal Code.

SEC. 13.SEC. 5.

 The Legislature finds and declares that the health and welfare of animals in shelters is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 through 12, 4, inclusive, of this act amending Sections 17005, 17006, 30503, 30520, 30521, 30522, 31751.3, 31760, 31761, and 31762 17005 and 17006 of, and adding Sections 32004 and 32005 to, the Food and Agricultural Code apply to all cities, including charter cities.

SEC. 14.SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.