AB 2343

Bill Subjects

Abstract

(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 bill 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 rescue group or adoption organization 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 rescue group 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 rescue group 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. 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 would 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, and administered by the State Department of Public Health, if the city, county, city and county, or joint powers authority complies with specified procedures for securing funds, and uses any funds received for specified purposes relating to the provision of mandated care for impounded animals in shelters. The bill would provide that the grant funding shall constitute the constitutionally required reimbursement for the provision of that mandated care. 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 that funding. (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.