Existing law prohibits certain animals that are irremediably suffering from serious illness or severe injury from being held for owner redemption or adoption, and authorizes newborns of those animals that need maternal care and have been impounded without their mothers to be euthanized without being held for owner redemption or adoption.

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, except regarding animals covered by the above provisions, that the stray dog or cat 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 before the scheduled euthanasia of the stray dog or cat.

This bill would permit a puppy or kitten under 8 weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter to be immediately made available for release to a nonprofit animal rescue or adoption organization before euthanasia of that animal.

Existing law prohibits certain animals that are irremediably suffering from serious illness or severe injury from being held for owner redemption or adoption, and authorizes newborns of those animals that need maternal care and have been impounded without their mothers to be euthanized without being held for owner redemption or adoption.

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, except regarding animals covered by the above provisions, that the stray dog or cat 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 before the scheduled euthanasia of the stray dog or cat.

This bill would permit a puppy or kitten under 8 weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter to be immediately made available for release to a nonprofit animal rescue or adoption organization before euthanasia of that animal.

Existing law prohibits certain animals that are irremediably suffering from serious illness or severe injury from being held for owner redemption or adoption, and authorizes newborns of those animals that need maternal care and have been impounded without their mothers to be euthanized without being held for owner redemption or adoption.

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, except regarding animals covered by the above provisions, that the stray dog or cat be released to a nonprofit animal rescue or an adoption organization before the scheduled euthanasia of the stray dog or cat if requested by the organization before the scheduled euthanasia of the stray dog or cat.

This bill would permit a puppy or kitten under 8 weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter to be immediately made available for release to a nonprofit animal rescue or adoption organization before euthanasia of that animal.

Existing law prohibits certain animals that are irremediably suffering from serious illness or severe injury from being held for owner redemption or adoption, and authorizes newborns of those animals that need maternal care and have been impounded without their mothers to be euthanized without being held for owner redemption or adoption.

Existing law specifies that no stray cat impounded by a public or private shelter shall be euthanized before 6 business days after the stray cat is impounded, not including the day of impoundment, and requires, except regarding animals covered by the above provisions, that the stray cat be released to a nonprofit animal rescue or an adoption organization before the scheduled euthanasia of the stray cat if requested by the organization before the scheduled euthanasia of the stray cat.

This bill would permit a kitten under 8 weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter to be immediately made available for release to a nonprofit animal rescue or adoption organization before euthanasia of that animal.

 CONSENT 

Bill No: AB 2791

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 7/2/18

AYES: Hill, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk

NO VOTE RECORDED: Fuller

ASSEMBLY FLOOR: 74-0, 4/26/18 - See last page for vote

SUBJECT:

SOURCE: American Society for the Prevention of Cruelty to Animals

DIGEST:

This bill allows newborn animals that need maternal care as well as puppies and kittens under eight weeks of age that are reasonably believed to be unowned, which have been impounded by a public or private shelter, to be eligible for release to a qualifying nonprofit animal rescue or adoption organization upon request prior to being euthanized.

ANALYSIS:

Existing law:

1. Specifies holding period requirements for stray dogs which are impounded by a public or private shelter and the release of any impounded stray dog to an animal rescue or adoption organization, including: (Food and Agriculture Code (FAC) § 31108)
   
   1. That the required holding period for stray dogs be six business days, not including the day of impoundment, and provides for other holding periods under specified circumstances;
      
   2. Except as provided for in Item #1 above, 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;
      
   3. Except as provided for in Item #1 above, any stray dog that is impounded shall be released to a nonprofit, animal rescue, or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal;
      
   4. That during the holding period, the shelter shall scan the animal for a microchip and make reasonable efforts to contact the owner;
      
   5. Specifies requirements for holding periods for stray cats which are impounded by a public or private shelter and the release of any impounded stray cat to an animal rescue or adoption organization, including: (FAC § 31752);
      
   6. That the required holding period for stray cats be six business days, not including the day of impoundment, and provides for other holding periods under specified circumstances;
      
   7. Except as specified, 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;
      
   8. Except as provided for in Item #1 above, any stray cat that is impounded shall be released to a nonprofit, animal rescue, or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal;
      
   9. That during the holding period, the shelter shall scan the cat for a microchip and make reasonable efforts to contact the owner.

This bill:

1. Provides that before euthanasia of newborn animals needing maternal care that have been impounded without their mothers, a nonprofit animal rescue or adoption organization may request the release of the animal to the nonprofit, as specified.
2. Provides that a puppy under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit animal rescue or adoption organization if requested by the organization.
3. Provides that a kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit animal rescue or adoption organization if requested by the organization.

Background

According the American Society for the Prevention of Cruelty to Animals (ASPCA), in 2010, the most recent year for which detailed results of shelter animal population was available, a compilation of public shelter data found that an estimated 850,000 dogs and cats entered public shelters. In that year, 54 percent of intake was for dogs compared with 46 percent for cats. In that same year, public agencies euthanized an estimated 150,000 dogs and 242,000 cats that entered the shelter system.

As indicated by the ASPCA, kittens in particular are at a high risk of euthanasia in many public animal shelters. One reason for this is kittens are highly vulnerable to contagious disease due to their immature immune systems. It is common for numerous communicable diseases to be present in public shelters, and the longer a kitten is in a shelter, the higher the probability they will become ill. The ASPCA states that current law requires all cats to be held for three days for owner redemption; however evidence demonstrates that very few kittens are owned. In fact, one study found that owners claim only two percent of all cats entering shelters. During this three day period, kittens can easily contract an upper respiratory tract infection, pan leukopenia, ringworm, or calicivirus.

In addition, as noted by the ASPCA, cats are more likely than dogs to suffer from stress-related illness when in a shelter. A sick kitten will take more time, attention, and resources to care for, becoming a drain on already tight resources at the shelter. As a result, kittens are even more likely to be euthanized than other cats. This is especially true because current law allows for the immediate euthanasia of un-weaned kittens that enter a shelter without their mother. Current law requires that a stray cat and dog be held for owner redemption for three days before making them available for adoption or euthanasia and also allows the immediate euthanasia of any un-weaned kitten that is impounded in a public shelter without its mother.

Hayden Law. California law includes a variety of statutes that regulate how shelters handle and process stray and homeless animals. In recent years, the most well-known set of statutes are those created by the 1998 enactment of the so-called “Hayden Law” enacted by SB 1785 (Hayden, Chapter 752, Statutes of 1998). Hayden Law’s most transformative feature was to adopt a statewide policy “that no adoptable animal should be euthanized if it can be adopted into a suitable home” and “that no treatable animal should be euthanized.”

Key provisions in Hayden Law to support that policy preference included requirements that shelters providing public animal control or sheltering agencies: 1) work to increase the number of animals reunited with owners by increasing the “holding period” for sheltered animals; 2) establish minimum holding periods for all owner-relinquished animals; 3) postpone euthanasia for any animal until after the expiration of the minimum holding period, with exceptions only for injured or very sick; 4) release animals slated for euthanasia to rescue groups upon request; 5) provide prompt and necessary veterinary care, nutrition, and shelter; and, 6) maintain a system of record keeping essential for reuniting lost animals with owners, managing housing, and documenting holding times and medical care.

Recommendation of Policy Report. The policy paper titled, “Charting a Path Forward: Reaching California’s policy to save all adoptable and treatable animals”, presented ideas on how to adjust practices to improve animal welfare, reduce shelter intake, and benefit companion animals, culminating in 23 recommendations that California agencies and communities could utilize to help animals, advance the work of animal sheltering, and move California closer toward its goal of saving every adoptable and treatable animal. AB 2791’s proposed statutory change was endorsed by the policy paper, which recommended making both litters of kittens and puppies immediately available for adoption, transfer, or placement, and stated:

“Current law allows that when owners surrender puppies or kittens, shelters may immediately move them to adoption or transfer for placement. The law does not provide the same ability with stray animals. These animals must remain in the facility for the full holding period, slowing their potential move into homes. Additional time in the shelter can sometimes lead to sickness and always requires shelter resources for food and care.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/3/18)

American Society for the Prevention of Cruelty to Animals (source)

Best Friends Animal Society

California Animal Control Directors Association

San Diego Humane Society

San Francisco SPCA

State Humane Association of California

OPPOSITION: (Verified 7/3/18)

None received

ARGUMENTS IN SUPPORT: The California Animal Control Directors Association (CACDA) and the State Humane Association of California (SHAC) are in support of this measure and indicate that many shelters currently choose to release kittens to an adoption partner with the capacity to care for them rather euthanize them especially those in need of maternal care. However, a clarification of the law is welcome regarding the ability to release a kitten by transferring it to a suitable adoption partner if requested to save its life. The CACDA and the SHAC also believe it is important to clarify the ability of the shelter to also release a puppy under eight weeks and possibly in need of maternal care to an adoption partner.

The Best Friends Animal Society also supports this kind of life-saving collaborative work with shelters and nonprofit animal rescue and adoption organizations to ensure that animal shelters statewide are able to take full advantage of offers from nonprofit partners to assist with the labor-intensive efforts that kitten [and puppies] need.

The San Diego Humane Society and the San Francisco SPCA are in support of this measure and believe that the bill’s proposal to make young kittens [and puppies] immediately available from animal shelters to nonprofit groups recognizes the village it often takes to provide the life-saving care that such young animals need. “Very few animal shelter are resourced enough to provide this kind of care without help from their friends; and AB 2791 lets shelters take advantage of offered care immediately rather than wait 72 hours from the time of admission.”

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by: 916-651-4104

7/3/18 16:02:22

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: AB 2791 Hearing Date: July 2, 2018

Subject: Stray animals: impoundment: puppies: kittens

SUMMARY:

Allows newborn animals that need maternal care as well as puppies and kittens under eight weeks of age that are reasonably believed to be unowned, which have been impounded by a public or private shelter, to be eligible for release to a qualifying nonprofit animal rescue or adoption organization upon request prior to being euthanized.

Existing law:

1. Provides that animals that are irremediably suffering from serious illness or injury shall not be held for owner redemption or adoption. Newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. (Food and Agricultural Code (FAC) § 17006)
2. Specifies holding period requirements for stray dogs which are impounded by a public or private shelter and the release of any impounded stray dog to an animal rescue or adoption organization, including: (FAC § 31108)
   1. That the required holding period for stray dogs be six business days, not including the day of impoundment, and provides for other holding periods under specified circumstances.
   2. Except as provided for in Item #1 above, 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.
   3. Except as provided for in Item #1 above, any stray dog that is impounded shall be released to a nonprofit, animal rescue, or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal.
   4. That during the holding period, the shelter shall scan the animal for a microchip and make reasonable efforts to contact the owner.
3. Specifies requirements for holding periods for stray cats which are impounded by a public or private shelter and the release of any impounded stray cat to an animal rescue or adoption organization, including: (FAC § 31752)
   1. That the required holding period for stray cats be six business days, not including the day of impoundment, and provides for other holding periods under specified circumstances.
   2. Except as provided for in Item #1 above, 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.
   3. Except as provided for in Item #1 above, any stray cat that is impounded shall be released to a nonprofit, animal rescue, or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal.
   4. That during the holding period, the shelter shall scan the cat for a microchip and make reasonable efforts to contact the owner.

This bill:

1. Provides that before euthanasia of newborn animals needing maternal care that have been impounded without their mothers, a nonprofit animal rescue or adoption organization may request the release of the animal to the nonprofit, as specified.
   
2. Provides that a puppy under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit animal rescue or adoption organization if requested by the organization.
   
3. Provides that a kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit animal rescue or adoption organization if requested by the organization.

FISCAL EFFECT:

None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. The American Society for the Prevention of Cruelty to Animals (ASPCA) is the sponsor of this measure. According the ASPCA, in 2010, the most recent year for which detailed results of shelter animal population was available, a compilation of public shelter data found that an estimated 850,000 dogs and cats entered public shelters. In that year, 54 percent of intake was for dogs compared with 46 percent for cats. In that same year, public agencies euthanized an estimated 150,000 dogs and 242,000 cats that entered the shelter system.
   
   As indicated by the ASPCA, kittens in particular are at a high risk of euthanasia in many public animal shelters. One reason for this is kittens are highly vulnerable to contagious disease, due to their immature immune systems. It is common for numerous communicable diseases to be present in public shelters, and the longer a kitten is in a shelter, the higher the probability they will become ill. The ASPCA states that current law requires all cats to be held for three days for owner redemption, however evidence demonstrates that very few kittens are owned. In fact, one study found that owners claim only two percent of all cats entering shelters. During this three day period, kittens can easily contract an upper respiratory tract infection, pan leukopenia, ringworm, or calicivirus.
   
   In addition, as noted by the ASPCA, cats are more likely than dogs to suffer from stress-related illness when in a shelter. A sick kitten will take more time, attention, and resources to care for, becoming a drain on already tight resources at the shelter. As a result, kittens are even more likely to be euthanized than other cats. This is especially true because current law allows for the immediate euthanasia of unweaned kittens that enter a shelter without their mother. Current law requires that a stray cat and dog be held for owner redemption for three days before making them available for adoption or euthanasia and also allows the immediate euthanasia of any unweaned kitten that is impounded in a public shelter without its mother.
   
   The ASPCA argues that if kittens and puppies can be removed from a shelter environment to a rescue organization to manage their higher maintenance needs, they have a greater chance of a positive outcome. This bill would facilitate this change by clarifying the ability of rescues to immediately pull kittens and puppies from shelters, forgoing the three day waiting period.
2. Background. The following was excerpted from a policy paper titled, “Charting a Path Forward: Reaching California’s policy to save all adoptable and treatable animals.” The final policy paper was issued on May 20, 2014. Written comments were submitted and in-person meetings were held around the state to solicit input and feedback from sheltering professionals, non-profit animal welfare organizations and rescue groups, veterinary professionals, animal protection experts, philanthropists and the public. Fourteen sessions were held during the Fall of 2013 and representatives from 63 agencies participated. The paper presented ideas on how to adjust practices to improve animal welfare, reduce shelter intake, and benefit companion animals, culminating in 23 recommendations that California agencies and communities could utilize to help animals, advance the work of animal sheltering, and move California closer toward its goal of saving every adoptable and treatable animal..
   
   Hayden Law. California law includes a variety of statutes that regulate how shelters handle and process stray and homeless animals. In recent years, the most well-known set of statutes are those created by the 1998 enactment of the so-called “Hayden Law” enacted by SB 1785 (Hayden, Chapter 752, Statutes of 1998). Hayden Law’s most transformative feature was to adopt a statewide policy “that no adoptable animal should be euthanized if it can be adopted into a suitable home” and “that no treatable animal should be euthanized.”
   
   Key provisions in Hayden Law to support that policy preference included requirements that shelters providing public animal control or sheltering agencies:
   
   • Work to increase the number of animals reunited with owners by increasing the “holding period” for sheltered animals.
   • Establish minimum holding periods for all owner-relinquished animals.
   • Postpone euthanasia for any animal until after the expiration of the minimum holding period, with exceptions only for injured or very sick.
   • Release animals slated for euthanasia to rescue groups upon request.
   • Provide prompt and necessary veterinary care, nutrition, and shelter.
   • Maintain a system of record keeping essential for reuniting lost animals with owners, managing housing, and documenting holding times and medical care.

Recommendation of Policy Report. AB 2791’s proposed statutory change was endorsed by the policy paper, which recommended making both litters of kittens and puppies immediately available for adoption, transfer, or placement, and stated:

“Current law allows that when owners surrender puppies or kittens, shelters may immediately move them to adoption or transfer for placement. The law does not provide the same ability with stray animals. These animals must remain in the facility for the full holding period, slowing their potential move into homes. Additional time in the shelter can sometimes lead to sickness and always requires shelter resources for food and care.”

1. Related Legislation This Session. ACR 153 (Santiago, Chapter 72, Statutes of 2018), of the current legislative session, urges communities in California to implement policies that support the adoption of healthy cats and dogs from shelters by 2025.
   
   AB 2445 (O’Donnel) would require a pet store selling an animal obtained from an animal shelter to maintain health and other records for a minimum of two years and to make these records available to law enforcement, animal control, or purchasers of the animal during normal business hours. This bill would also require the pet store to make the veterinary medical records available to the purchaser and provide information as to the terms and conditions under which the animal will be eligible for veterinary care covered by the pet store. (Status: This measure has been referred to the Senate Floor.)
   
2. Prior Related Legislation. AB 485 (O’Donnell, Chapter 740, Statutes of 2017) prohibited pet store operators from selling a live cat, dog, or rabbit in a retail pet store unless the animal was obtained from a public animal control agency or shelter or rescue group.
   
   AB 2343 (Gatto) of 2014 would have made changes to the adoption and release policies for public and private animal shelters and provided an appropriation for state mandates regarding policies of the Hayden Law. (Status: This bill was held in Assembly Local Government Committee.)
   

AB 1279 (Fletcher) of 2011 would have changed and deleted obsolete terminology in provisions of the Business and Professions Code, the Civil Code, the FAC, the Health and Safety Code and the Penal Code dealing with the seizure, impounding, rescue, adoption, and euthanasia of abandoned and surrendered animals by animal shelters and rescue organizations. (Status: This bill passed the Senate and Assembly and was Enrolled to the Governor but was then returned by the Governor at the request of the Assembly and ordered to the Senate. The measure was held at the Senate Desk.)

SB 1785 (Hayden, Chapter 752, Statutes of 1998) specified the duties and responsibilities of public and private animal shelters and how shelters are to handle and process stray and homeless animals, and specified certain holding periods for animals held at their facility.

1. Arguments in Support. The California Animal Control Directors Association (CACDA) and the State Humane Association of California (SHAC) are in support of this measure and indicate that many shelters currently choose to release kittens to an adoption partner with the capacity to care for them rather euthanize them especially those in need of maternal care. However, a clarification of the law is welcome regarding the ability to release a kitten by transferring it to a suitable adoption partner if requested to save its life. The CACDA and the SHAC also believe it is important to clarify the ability of the shelter to also release a puppy under eight weeks and possibly in need of maternal care to an adoption partner.

The Best Friends Animal Society also supports this kind of life-saving collaborative work with shelters and nonprofit animal rescue and adoption organizations to ensure that animal shelters statewide are able to take full advantage of offers from nonprofit partners to assist with the labor-intensive efforts that kitten [and puppies] need.

The San Diego Humane Society and the San Francisco SPCA are in support of this measure and believe that the bill’s proposal to make young kittens [and puppies] immediately available from animal shelters to nonprofit groups recognizes the village it often takes to provide the life-saving care that such young animals need. “Very few animal shelter are resourced enough to provide this kind of care without help from their friends; and AB 2791 lets shelters take advantage of offered care immediately rather than wait 72 hours from the time of admission.”

SUPPORT AND OPPOSITION:

Support:

American Society for the Prevention of Cruelty to Animals (Sponsor)

Best Friends Animal Society

California Animal Control Directors Association

San Diego Humane Society

San Francisco SPCA

State Humane Association of California

Opposition:

None on file as of June 27, 2018.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2791

Author:(Muratsuchi)

As Amended Ver:April 19, 2018

Majority vote

SUMMARY: Allows kittens and puppies that are reasonably believed to be unowned, have been impounded without their mothers, and require maternal care to be eligible for release to a qualifying nonprofit. Specifically, this bill:

1. Allows newborn kittens to be released prior to the scheduled euthanasia of that animal to a nonprofit, as defined by Title 26 of the United States Code, Section 501(c)(3), animal rescue or adoption organization if requested by the organization.
2. Extend the bill's provisions regarding the release of adoptable kittens to an animal rescue or adoption organization prior to euthanasia to also apply to similarly adoptable puppies.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author: "Despite recent reductions in intake and euthanasia, cats and kittens admitted into public shelters continue to experience poor outcomes. Kittens are at a high risk of euthanasia in many public animal shelters. AB 2791 allows kittens to be made immediately available to nonprofit rescue groups to pull from a shelter, waiving the three day hold period, which will increase their odds of a positive outcome."

Background. This bill would shift the standard established in existing law that stipulates that kittens impounded without their mothers may be euthanized without hope for adoption. Instead, this bill would allow a nonprofit to be eligible for transfer of the animal if they request it before the scheduled euthanization of the kitten.

The statewide statistics for kitten euthanasia are challenging to obtain, but each year 700,000 to 800,000 animals are taken in by public and private shelters in California, less than half of which are adopted. It is unclear how many of these impounded animals are newborn kittens without their mothers present.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0002714

ASSEMBLY THIRD READING

ATR Bill Id:AB 2791

Author:(Muratsuchi)

As Introduced Ver:February 16, 2018

Majority vote

SUMMARY: Allows kittens that are reasonably believed to be unowned, have been impounded without their mothers, and require maternal care to be eligible for release to a qualifying nonprofit.

EXISTING LAW:

1. States that animals that are irremediably suffering from serious illness or injury may not be held for owner redemption or adoption. Animals that need maternal care and have not been impounded with their mothers may be euthanized (Food and Agricultural Code (FAC) Section 17006).
2. Sets standards for holding periods for stray cats, including:
   1. That the required holding period for cats be six days, with the first three days being for owner redemption and the second three days being for owner redemption or adoption.
   2. That a stray cat is eligible to be released to a nonprofit, animal rescue, or adoption organization rather than be euthanized.
   3. That during the holding period, the shelter shall scan the animal for a microchip and make reasonable efforts to contact the owner (FAC Section 31752).

THIS BILL: Allows newborn kittens to be released prior to the scheduled euthanasia of that animal to a nonprofit, as defined by the United States Code, Title 26, Section 501(c)(3), animal rescue or adoption organization if requested by the organization.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author: "Despite recent reductions in intake and euthanasia, cats and kittens admitted into public shelters continue to experience poor outcomes. Kittens are at a high risk of euthanasia in many public animal shelters. AB 2791 allows kittens to be made immediately available to nonprofit rescue groups to pull from a shelter, waiving the three day hold period, which will increase their odds of a positive outcome."

Background. This bill would shift the standard established in existing law that stipulates that kittens impounded without their mothers may be euthanized without hope for adoption. Instead, this bill would allow a nonprofit to be eligible for transfer of the animal if they request it before the scheduled euthanizing of the kitten.

The statewide statistics for kitten euthanasia are challenging to obtain, but each year 700,000 to 800,000 animals are taken in by public and private shelters in California, less than half of which are adopted. It is unclear how many of these impounded animals are newborn kittens without their mothers present.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301 FN: 0002659

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 2791

Author:(Muratsuchi) – As Introduced Ver:February 16, 2018

SUBJECT: Stray animals: impoundment: kittens.

SUMMARY: Allows kittens that are reasonably believed to be unowned, have been impounded without their mothers, and require maternal care to be eligible for release to a qualifying nonprofit.

EXISTING LAW:

1. States that animals that are irremediably suffering from serious illness or injury may not be held for owner redemption or adoption. Animals that need maternal care and have not been impounded with their mothers may be euthanized. (Food and Agricultural Code (FAC) Section 17006)
2. Sets standards for holding periods for stray cats, including:
   1. That the required holding period for cats be six days, with the first three days being for owner redemption and the second three days being for owner redemption or adoption.
   2. That a stray cat is eligible to be released to a nonprofit, animal rescue, or adoption organization rather than be euthanized.
   3. That during the holding period, the shelter shall scan the animal for a microchip and make reasonable efforts to contact the owner. (FAC Section 31752)

THIS BILL:

1. Allows newborn kittens to be released prior to the scheduled euthanasia of that animal to a nonprofit, as defined by Section 501(c)(3) of Title 26 of the United States Code, animal rescue or adoption organization if requested by the organization.

FISCAL EFFECT: None. This bill is not keyed fiscal.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author: “Despite recent reductions in intake and euthanasia, cats and kittens admitted into public shelters continue to experience poor outcomes. Kittens are at a high risk of euthanasia in many public animal shelters. AB 2791 allows kittens to be made immediately available to nonprofit rescue groups to pull from a shelter, waiving the three day hold period, which will increase their odds of a positive outcome.”

Background. This bill would shift the standard established in existing law that stipulates that kittens impounded without their mothers may be euthanized without hope for adoption. Instead, this bill would allow a nonprofit to be eligible for transfer of the animal if they request it before the scheduled euthanization of the kitten.

The statewide statistics for kitten euthanasia are challenging to obtain, but each year 700,000 to 800,000 animals are taken in by public and private shelters in California, less than half of which are adopted. It is unclear how many of these impounded animals are newborn kittens without their mothers present.

Current Related Legislation. ACR 153 (Santiago) of the current legislative session urges communities in California to implement policies that support the adoption of healthy cats and dogs from shelters by 2025.

Prior Related Legislation. AB 485 (O’Donnell), Chapter 740, Statutes of 2017 prohibits pet store operators from selling a live cat, dog, or rabbit in a retail pet store unless the animal was obtained from a public animal control agency or shelter or rescue group.

ARGUMENTS IN SUPPORT:

The ASPCA writes, “Every year tens of thousands of kitten are unnecessarily euthanized by shelters. AB 2791 would make a slight change to current law that would allow shelters to avoid this very unfortunate outcome.”

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

American Society for the Prevention of Cruelty to Animals

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Jimmy Fremgen / B. & P. / (916) 319-3301