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HomeMy WebLinkAboutMINUTES - 06062000 - C48-C49 TO: BOARD OI' SUPERVISORS A. Contra FROM: Phil Batchelor, County Administrator Costa % ,• S May 30, 2000 y ;,, County DATE: SUBJECT, LEGISLATION: AB 2754 (HOUSE) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 2754, by Assemblyman George House of Modesto, which would reduce some of the overcrowding which occurs under current law because of the extended period of time during which animals need to be held before being adopted or euthanized. BACKGROUND: Current law, enacted in 1998, requires that stray dogs and cats be held for a minimum of six business days. The only way this holding period can be reduced is to meet a variety of special conditions. This has led to tremendous overcrowding in the animal shelters. This overcrowding leads to the faster spread of disease among the animals. Assemblyman House has introduced AB 2754 which, as amended May 25, 2000, does the following: O Reduces the holding period to four business days for both cats and dogs. 0 Requires that the shelter be open and make the animal available during either one weekday evening until at least 7:00 P.M. or on one weekend day. f CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(Sl: ACTION OF BOARD ON June 6, 2000 APPROVED AS RECOMMENDED x__ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX.—UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED J'urie 6, 2000 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: twee Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 0 Requires that, if the shelter is not open during regular weekday business hours, there be a procedure by which the owner of the animal can reclaim his or her animal by appointment at a mutually agreeable time when the shelter would otherwise be closed. 0 Require the shelter to have a protocol that defines the terms "irremediable suffering" and "treatable disease". O Require that the animal be scanned for a microchip that identifies the owner and make reasonable efforts to contact the owner. O In order to relinquish an animal, the owner shall present sufficient identification to establish his or her ownership of the animal and sign a statement that he or she is the lawful owner of the animal. O Upon relinquishing the animal, the owner may specify that the animal is available for either immediate adoption or immediate euthanasia if the animal is suffering from an irremediable medical condition or has a known history of vicious or dangerous behavior. O Permits the shelter to require an individual who is adopting an animal to sign a waiver of liability for any injuries or damage caused by the adopted animal The Animal Services Director supports AB 2754 and has urged the Board of Supervisors to likewise indicate its support of the legislation. It is, therefore, recommended that the Board of Supervisors indicate its support for AB 2754. cc: County Administrator Sara Hoffman, Assistant County Administrator Mike Ross, Animal Services Director Assemblyman George House 25th Assembly District Room 3141, State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- AB 2754 Assembly Bill-AMENDED Page 1 of 4 BILL NUMBER: AB 2754 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY MAY 16, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 AMENDED IN ASSEMBLY APRIL 6, 2000 INTRODUCED BY Assembly Member House (Principal coauthor: Assembly Member Strom-Martin) FEBRUARY 25, 2000 An act to amend Sections 31106, 31752, 31753, and 31754 of, and to repeal Section 31754 of, the Food and Agricultural Code, relating to stray animals. LEGISLATIVE COUNSEL'S DIGEST AB 2754, as amended, House. Stray animals. (1) Existing law provides that the required holding period for a stray dog or cat impounded by a pound or shelter shall be 6 business days, except that under specified circumstances the holding period shall be 4 business days. Existing law provides that stray animals shall be held for owner redemption during the first 3 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. Existing law provides that any stray animal that is impounded shall, prior to the killing of that animal for any reason other than irremediable suffering, be released to a nonprofit animal rescue or adoption organization if requested by the organization prior to the scheduled killing of that animal. Existing law provides that in addition to any required spay or neuter deposit, the pound or shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals released. A violation of these provisions is an infraction, punishable as specified. This bill would revise the above provisions to instead provide that the required holding period for a stray dog or cat impounded by a public or private shelter shall be 4 business days; that the shelter make the dog or cat available on specified days at specified times, or establish a procedure for reclaiming the animals by appointment, as specified; that any adeptable of treatable stray animal that is impounded shall, prior to the euthanasia of that animal for any reason other than irremediable suffering -ev , in the ease of a-de 3enewe h steEy ef vleieus eE gang.. eea behavieEy be available €eE adeitlen bynew-ewne —ems- released to a nonprofit animal rescue or adoption organization if requested by the ad8ptien app ` "-` organization prior to the scheduled euthanasia of that animal; and that 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 bill would also authorize a pound or shelter to require a person who is adopting a dog or cat to sign a waiver of liability for any injuries or damages caused by the adopted animal. The bill would require a person, upon relinquishing an animal to a pound or shelter, to sign a statement under penalty of perjury that he or she is the lawful owner of the animal, and would authorize that person to specify that the animal is available for either immediate adoption, or immediate euthanasia if the animal is suffering from an irremediable medical condition or if, in the case of a dog, the animal has a known history of vicious or dangerous behavior. The bill would make conforming changes to a related provision involving other specified animals. By revising existing and creating new crimes, this bill would impose a http://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2754_bill 20000526_amended asm.htn l 05/30/2000 AE 2754 Assembly Bill-AMENDED Page 2 of 4 state-mandated local program upon local governments. (2) Existing law provides that any animal relinquished by the purported owner that is of a species impounded by pounds or shelters shall be held for 2 full business days, not including the date of impoundment. Existing law provides that the animal shall be available for owner redemption for the first day, not including the date of impoundment; shall be available for owner redemption or adoption for the 2nd day; and after the 2nd required day, the animal may be held longer, killed, or relinquished to a nonprofit animal adoption organization, as defined in the Internal Revenue Code. Existing law provides that these provisions shall become inoperative on July 1, 2001, and shall be repealed as of January 1, 2002. A violation of any of these provisions is an infraction, punishable as specified. This bill would instead provide that any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for one full business day; shall be held for owner redemption during the holding period, and thereafter shall be available for owner redemption or adoption until final disposition of the animal; and after the holding period, the animal may be adopted by a new owner, held longer, euthanized, or released to a nonprofit animal adoption organization. The bill would authorize these shelters to enter into cooperative agreements with any animal rescue or adoption organization. The bill would repeal the provisions relating to the inoperation and repeal of the provision, thus making the provisions effective indefinitely. By revising existing crimes, this bill would impose a state-mandated local program upon local governments. (3) Existing law, to become operative on July 1, 2001, provides that any animal relinquished to a purported owner that is of a species impounded by pounds or shelters shall be held for holding periods specified in (1) above, except that the period for owner redemption shall be one day, not including the day of impoundment, and the period for owner redemption or adoption shall be the remainder of the holding period. This bill would repeal this provision. (4) 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 no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 31106 of the Food and Agricultural Code is amended to read: 31106. (a) The required holding period for a stray dog impounded pursuant to this division shall be four business days, not including the day of impoundment. The (1) The public or private shelter shall make the dog available €eE ewfteeF r 4eff --& on one weekday evening until at least 7:00 p.m. or one weekend day -, or the shelter (2) If the public or private shelter is not open during regular weekday business hours, it shall establish a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the shelter would otherwise be closed. 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) Any adeptab treatable— stray dog that is impounded pursuant to this division shall, prior to the euthanasia of that animal for any reason other than irremediable suffering, dangeEees http://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2754 bill 20000526_amended asm.html 05/30/2000 AE 2754 Assembly Bill-AMENDED Page 3 of 4 beha,ieE be -available 99E adept"eft by c-znew-owner--vr 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 adeption applieaftt organization prior to 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) Every public or private shelter shall have a written protocol developed in coordination with and approved by a licensed veterinarian that defines the terms "irremediable suffering" and "treatable disease." (c) During the holding period required by this section and prior to 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) Upon relinquishment of a dog to a public or private shelter, the owner of that dog shall present sufficient identification to establish his or her ownership of the dog and shall sign a statement that, under penalty of prosecution for theft, he or she is the lawful owner of the dog. Upon relinquishment of the dog, the owner may specify that the animal is available for either of the following: (1) Immediate adoption. (2) Immediate euthanasia if the dog is suffering from an irremediable medical condition or has a known history of vicious or dangerous behavior. (e) When a person adopts a dog from a public or private shelter, he or she may be required to sign a waiver of liability for any injuries or damages caused by the adopted dog. SEC. 2. 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 four business days, not including the day of impoundment. - The (1) The public or private shelter shall make the cat available €eE ewneL- =_dr, pt4:_n on one weekday evening until at least 7:00 p.m. or one weekend day -r (2) it the public or private shelter is not open during regular weekday business hours, it shall establish a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the shelter would otherwise be closed. 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. (b) (1) Any —adeptabl t,..,.atabl eE f.._.., stray cat that is impounded pursuant to this division shall, prior to the euthanasia of that animal for any reason other than irremediable suffering, be available €et- adeptlen by-a ncirL- es 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 adeptien applieant organization prior to 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) Every public or private shelter shall have a written protocol developed in coordination with and approved by a licensed veterinarian that defines the terms "irremediable suffering" and "treatable disease." (c) During the holding period required by this section and prior to the adoption or euthanasia of a cat impounded pursuant to this http://www.leginfo.ca.gov/pub/bill/asrn/ab_2751-2800/ab_2754_bill 20000526_amended_asm.html 05/30/2000 foe - AB 2754 Assembly Bill-AMENDED page 4 of 4 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. (d) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that, under penalty of prosecution for theft, he or she is the lawful owner of the cat. Upon relinquishment of the cat, the owner may specify that the animal is available for either of the following: (1) Immediate adoption. (2) Immediate euthanasia if the cat is suffering from an irremediable medical condition. (e) When a person adopts a cat from a public or private shelter, he or she may be required to sign a waiver of liability for any injuries or damages caused by the adopted cat. SEC. 3. Section 31753 of the Food and Agricultural Code is amended to read: 31753. Any rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c) (3) of the Internal Revenue Code, animal rescue or adoption organizations as provided for cats and dogs. Section 17006 shall also apply to these animals. 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 by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. SEC. 4. Section 31754 of the Food and Agricultural Code, as added by Section 16 of Chapter 752 of the Statutes of 1998, is amended to read: 31754. Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for one full business day, not including the day of impoundment. The animal shall be held for owner redemption during the holding period, and thereafter shall be available for owner redemption or adoption until final disposition of the animal. After the holding period, the animal may be adopted by a new owner, held longer, euthanized, or released to a nonprofit, as defined in Section 501(c) (3) of the Internal Revenue Code, animal adoption organization under the same conditions and circumstances provided for stray dogs and cats in Sections 31108 and 31752. SEC. 5. Section 31754 of the Food and Agricultural Code, as added by Section 16.5 of Chapter 752 of the Statutes of 1998, is repealed. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution. http://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2754-bill 20000526_amended-asm.html 05/30/2000 t TO: BOARD OF SUPERVISORS CONTRA COSTA COUNTY FROM: William S. Walker, M.D. Health Services Director DATE: May 24, 2000 SUBJECT: Local Government Pollution Prevention SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommendation: ADOPT a position in SUPPORT of State Budget Act language that provides ten million dollars for local government pollution prevention activities. Such language is in the Senate's budget recommendation, and will go to a conference committee. Baekgrou - Since its creation by legislation in 1990,the Hazardous Waste Technology, Research, Development and Demonstration Program(Health& Safety Code Sections 25244—25244.11) has received little or no funding. What funding was available was used for one-time grants to create local government programs throughout the state. The proposed Budget Act language would provide the Program with$10 million from the budget surplus,with direction to the Department of Toxic Substances Control to expend the funds on source reduction projects (as defined by Health& Safety Code 25244.14.(e)(1)). The Senate language also reinstates the local government waste reduction portion of the program(Health& Safety Code 25244.11.01- 25244.11.5)that expired last year. The proposed funds would be available for the County to apply for, to expand our pollution prevention technical assistance for business and government agencies. Our Green Business Program has shown that working with businesses to implement pollution prevention measures improves compliance with environmental regulations, fosters good communication between business and government, and promotes cooperative relationships and a long-lasting pollution prevention capacity in the county. State funds would enable the County to increase these successful efforts. CONTINUED ON ATTACHMENT: NO SIGNATURE ,- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 26ea- ____ ACTION OF BOARD June 6A 2000 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS UNANIMOUS {ABSENT - - - - _ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact Person: Elinor Blake 370-5022 ATTESTED June 6, 2000 CC: Health Services Director(HSD) PHIL BATCHELOR,CLERK OF THE BOARD OF Hazardous Materials Programs 4333 Pacheco Blvd.,Martinez S JPERVISORS AND QOUQNTY ADMINISTRATOR BY ,DEPUTY