AB 2265

Bill Subjects

Abstract

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 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. 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. 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. 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. 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.