Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit organization, as defined, that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of undomesticated burro an animal that is permanently relocated to an appropriate facility or private adopter, as provided. To be eligible to enter into a contract with a local animal control agency under these provisions, the bill would require a nonprofit organization to have submitted a euthanasia policy that is compliant with specified regulations for review and approval by the contracting local animal control agency and to retain a copy of this policy on file.

Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit organization, as defined, that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of undomesticated burro an animal that is permanently relocated to an appropriate facility or private adopter, as provided. To be eligible to enter into a contract with a local animal control agency under these provisions, the bill would require a nonprofit organization to have submitted a euthanasia policy that is compliant with specified regulations for review and approval by the contracting local animal control agency and to retain a copy of this policy on file.

Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit organization, as defined, that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of undomesticated burro an animal that is permanently relocated to an appropriate facility or private adopter, as provided. To be eligible to enter into a contract with a local animal control agency under these provisions, the bill would require that a nonprofit meet certain requirements, including that it has organization to have submitted a euthanasia policy that is compliant with specified regulations for review and approval by the contracting local animal control agency. agency and to retain a copy of this policy on file.

Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of undomesticated burro an animal that is permanently relocated to an appropriate facility or private adopter, as provided. To be eligible to enter into a contract with a local animal control agency under these provisions, the bill would require that a nonprofit meet certain requirements, including that it has submitted a euthanasia policy that is compliant with specified regulations for review and approval by the contracting local animal control agency.

Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro, as defined, that strays onto private land at the request of the landowner. Existing law authorizes an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto a public roadway, as provided, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would also authorize a nonprofit that contracts with a county to provide services to undomesticated burros to remove an undomesticated burro that strays onto private land, to remove an undomesticated burro that strays onto a public roadway, and to provide medical care or treatment to an undomesticated burro that is seriously ill or injured, as provided.

This bill would authorize the local animal control agency, or an authorized nonprofit that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency. The bill would give a local animal control agency the sole discretion, for specified purposes, to deem an undomesticated burro unfit for release and to deem it fit for re-release. The bill would exclude from the definition of undomesticated burro an animal that is permanently relocated to an appropriate facility or private adopter, as provided.

SENATE THIRD READING

STR Bill Id:SB 371

Author:(Ochoa Bogh)

As Amended Ver:April 12, 2023

Majority vote

SUMMARY

Authorizes certain nonprofit organizations to provide care to undomesticated burros, among other provisions.

Major Provisions

1. Authorizes an officer or employee of a nonprofit organization that contracts with a county to provide services to undomesticated burros to:
   1. Remove an undomesticated burro that either strays onto private land at the request of the landowner, or strays onto a public roadway to ensure public safety.
   2. Provide medical care or treatment, including, but not limited to, euthanasia if medically appropriate, to an undomesticated burro that is seriously ill or injured.
2. Authorizes a local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter, as provided. Specifies that a local animal control agency has the sole discretion to deem an undomesticated burro unfit for release or re-release, as provided.
3. Provides that an undomesticated burro permanently relocated to an appropriate facility or private adopter is no longer an undomesticated burro, as defined.
4. Requires the nonprofit organization to have an approved euthanasia policy that meets certain veterinary requirements, as specified, to be eligible to enter into a contract with a local animal control agency.

COMMENTS

This bill expands which organizations can contract for services relating to undomesticated burros. Most wild burros are subject to federal protection, and this protection is recognized in state law. AB 222 (Emmerson), Chapter 128, Statutes of 2007, modified state law to authorize local animal control agencies to take limited actions to address public safety issues caused by a non-federal wild burro herd and to provide medical care to the animals. This bill would authorize local animal control agencies to extend their authority to take certain actions relating to undomesticated burros to nonprofits they contract with.

The author and sponsors state that the largest number of undomesticated burros in California are found in the Highgrove and Reche Canyon region of Riverside and San Bernardino Counties. The burros are not native to the area, having been released by ranchers in the 1950s. The wild burro population is estimated to be over a thousand.

The presence of the burro population, along with rapid growth in the Inland Empire, has created a hazardous situation for both residents and burros. Major traffic collisions on streets, highways, and railroads are reported regularly and have been the cause of several human deaths in recent years.

According to the Author

"Several nonprofit organizations in the Inland Empire are dedicated to serving the burro population. These nonprofit rescue organizations have financial means, volunteers, and specialized veterinary resources. What they lack is the statutory authority to contract with Riverside County Animal Services to aid in the rescue and care of the undomesticated burro population."

Arguments in Support

The Riverside County Board of Supervisors writes in support, stating that "a lack of staff and resources to treat, rehabilitate, and safely relocate injured burros has created a frustrating situation locally" that is exacerbated by a local shortage of veterinarians. They write that providing the county with the ability to contract with local nonprofits dedicated to serving the burro population will help "to ensure the health and well-being of the burro population and to improve public safety."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

Unknown. This bill is keyed non-fiscal.

VOTES

SENATE FLOOR: 37-0-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Hurtado, Padilla, Stern

ASM WATER, PARKS, AND WILDLIFE: 15-0-0

YES: Bauer-Kahan, Mathis, Alanis, Bennett, Megan Dahle, Davies, Friedman, Hart, Kalra, Pellerin, Blanca Rubio, Schiavo, Villapudua, Ward, Weber

UPDATED

VERSION: April 12, 2023

CONSULTANT: Keith Cialino / W., P., & W. / (916) 319-2096 FN: 0001086

Date of Hearing: June 20, 2023

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Rebecca Bauer-Kahan, Chair

SBPCA Bill Id:SB 371

Author:(Ochoa Bogh) – As Amended Ver:April 12, 2023

SENATE VOTE: 37-0

SUBJECT: Undomesticated burros

SUMMARY: Authorizes certain nonprofit organizations to provide care to undomesticated burros, among other provisions. Specifically, this bill:

1. Authorizes an officer or employee of a nonprofit organization that contracts with a county to provide services to undomesticated burros to:
   1. Remove an undomesticated burro that either strays onto private land at the request of the landowner, or strays onto a public roadway to ensure public safety.
   2. Provide medical care or treatment, including, but not limited to, euthanasia if medically appropriate, to an undomesticated burro that is seriously ill or injured.
2. Authorizes a local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter, as provided. Specifies that a local animal control agency has the sole discretion to deem an undomesticated burro unfit for release or re-release, as provided.
3. Provides that an undomesticated burro permanently relocated to an appropriate facility or private adopter is no longer an undomesticated burro, as defined.
4. Requires the nonprofit organization to have an approved euthanasia policy that meets certain veterinary requirements, as specified, to be eligible to enter into a contract with a local animal control agency.
5. Defines “nonprofit organization” to mean a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code.

EXISTING LAW:

1. Defines “undomesticated burro” to mean a wild burro or a burro that has not been tamed or domesticated for three years after its capture and is not protected by the federal government under the Wild Free-Roaming Horses and Burros Act [Government Code (GOV) § 53074.5].
2. Protects, under the federal Wild Free-Roaming Horses and Burros Act of 1971, all wild free-roaming horses and burros on public lands of the United States from capture, branding, harassment, or take. Authorizes the Secretary of the Interior to manage burros and to remove burros from an area where they are overpopulated, and, when necessary, to preserve and maintain a thriving natural ecological balance and to protect the range. Specifies that a private landowner may notify federal authorities to have wild burros that stray onto private lands removed (Chapter 30 commencing with Section 1331 of Title 16 of the United States Code).
3. Authorizes local animal control agency personnel to remove an undomesticated burro that strays onto private land at the request of the landowner, and to remove an undomesticated burro that strays onto a public roadway to ensure public safety (GOV § 53074.5).
4. Authorizes local animal control agency personnel to provide medical care or treatment to an undomesticated burro that is seriously ill or injured (GOV § 53074.5).
5. Makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro, except as provided above, and prohibits the Fish and Game Commission or others from modifying this provision administratively or by regulation (Fish and Game Code § 4600).

FISCAL EFFECT: Unknown. This bill is keyed nonfiscal.

COMMENTS:

1. Purpose of this bill. This bill expands which organizations can contract for services relating to undomesticated burros. According to the author, “Several nonprofit organizations in the Inland Empire are dedicated to serving the burro population. These nonprofit rescue organizations have financial means, volunteers, and specialized veterinary resources. What they lack is the statutory authority to contract with Riverside County Animal Services to aid in the rescue and care of the undomesticated burro population.”
2. Background. Most wild burros are subject to federal protection, and this protection is recognized in state law. AB 222 (Emmerson) in 2007 modified state law to authorize local animal control agencies to take limited actions to address public safety issues caused by a non-federal wild burro herd and to provide medical care to the animals. This bill would authorize local animal control agencies to extend their authority to take certain actions relating to undomesticated burros to nonprofits they contract with.

The author and sponsors state that the largest number of undomesticated burros in California are found in the Highgrove and Reche Canyon region of Riverside and San Bernardino Counties. The burros are not native to the area, having been released by ranchers in the 1950s. The wild burro population is estimated to be over a thousand.

The presence of the burro population, along with rapid growth in the Inland Empire, has created a hazardous situation for both residents and burros. Major traffic collisions on streets, highways, and railroads are reported regularly and have been the cause of several human deaths in recent years.

1. Arguments in support. The Riverside County Board of Supervisors writes in support, stating that “a lack of staff and resources to treat, rehabilitate, and safely relocate injured burros has created a frustrating situation locally” that is exacerbated by a local shortage of veterinarians. They write that providing the county with the ability to contract with local nonprofits dedicated to serving the burro population will help “to ensure the health and well-being of the burro population and to improve public safety.”
2. Related legislation. AB 222 (Emmerson), Chapter 128, Statutes of 2007, provided authority to local animal control agencies to take certain actions to address burros that are not under the federal government’s jurisdiction.

REGISTERED SUPPORT / OPPOSITION:

Support

County of Riverside (Sponsor)
Social Compassion in Legislation

Opposition

None on file

Analysis Prepared by: Keith Cialino / W., P., & W. / (916) 319-2096

 CONSENT 

Bill No: SB 371

Author: Ochoa Bogh (R)

Amended: 4/12/23

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 4/11/23

AYES: Min, Seyarto, Allen, Becker, Dahle, Eggman, Grove, Hurtado, Laird, Limón, Padilla

SUBJECT: Undomesticated burros

SOURCE: Riverside County Board of Supervisors

DIGEST:

This bill authorizes certain qualified nonprofit organizations to provide care to undomesticated burros, as provided, among other things.

ANALYSIS: Existing federal law protects all wild free-roaming horses and burros on public lands of the United States from capture, branding, harassment, or take, under the Wild Free-Roaming Horses and Burros Act of 1971 (Chapter 30, commencing with Section 1331 of Title 16 of the United States Code).

1. The Secretary of the Interior is authorized to manage burros and to remove burros from an area where they are overpopulated, and, when necessary, to preserve and maintain a thriving natural ecological balance and to protect the range.
2. The landowner may notify federal authorities to have the animal removed if wild burros stray onto private lands.

Existing state law:

1. Defines an “undomesticated burro” to mean a wild burro or a burro that has not been tamed or domesticated for three years after its capture and is not protected by the federal government under the Wild Free-Roaming Horses and Burros Act. (Government Code (GOV) §53074.5)
2. Authorizes local animal control agency personnel to remove an undomesticated burro that strays onto private land at the request of the landowner, and to remove an undomesticated burro that strays onto a public roadway to ensure public safety. Further authorizes local animal control agency personnel to provide medical care or treatment to an undomesticated burro that is seriously ill or injured. (GOV §53074.5)
3. Makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro, except as provided in (6) above, and prohibits the Fish and Game Commission or others to modify this provision administratively or by

This bill authorizes certain qualified nonprofit organizations to provide care to undomesticated burros, as provided, among other things. Specifically, this bill:

1. Authorizes an officer or employee of a nonprofit organization that contracts with a county to provide services to undomesticated burros to:
   1. Remove an undomesticated burro that either strays onto private land at the request of the landowner, or strays onto a public roadway to ensure public safety.
   2. Provide medical care or treatment, as provided, to an undomesticated burro that is seriously ill or injured.
2. Authorizes a local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter, as provided.
   1. A local animal control agency has the sole discretion to deem an undomesticated burro unfit for release or re-release, as provided.
3. Provides that an undomesticated burro permanently relocated to an appropriate facility or private adopter is not an undomesticated burro, as defined.
4. Establishes eligibility criteria for a nonprofit organization to contract with a local animal control agency:
   1. The nonprofit organization has an approved euthanasia policy that meets certain veterinary requirements, as specified, and qualifies for exempt status under Section 501(c)(3) of the federal Internal Revenue Code.

Background

According to archived materials for AB 222 (Emmerson, Chapter 128, Statutes of 2007), in the early 1950s, a rancher in Rialto roped twenty-two burros in Death Valley and released them in the Reche Canyon area, located in Riverside and San Bernardino counties.

The Reche Canyon herd has increased in size since its establishment, and, according to Riverside County, is now estimated to be “well over 1,000” animals roaming Highgrove and Reche Canyon. As the burro population has grown and development increasingly encroached upon the burros’ habitat, human/burro conflicts, such as motor vehicle accidents involving burros, have increased. Several human deaths have resulted from these and other accidents involving burros. The Reche Canyon herd lives on private lands.

The Reche Canyon herd presents a unique set of circumstances. Most wild burros are subject to federal protection. State law recognizes this strong federal protection. AB 222 slightly modified state law to authorize local animal control agencies to take limited actions to address public safety issues caused by the non-federal wild burro herd and to provide medical care to the animals. This bill authorizes local animal control agencies to extend their authority to take certain actions to nonprofits they contract with, establishes standards for nonprofits to participate in these efforts, to authorize burro relocation, and makes other applicable conforming changes.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/12/23)

Riverside County Board of Supervisors (source)

Social Compassion in Legislation

OPPOSITION: (Verified 4/12/23)

None received

ARGUMENTS IN SUPPORT: According to the author, “Several nonprofit organizations in the Inland Empire are dedicated to serving the burro population. These nonprofit rescue organizations have financial means, volunteers, and specialized veterinary resources. What they lack is the statutory authority to contract with Riverside County Animal Services to aid in the rescue and care of the undomesticated burro population.”

The Riverside County Board of Supervisors adds that its Department of Animal Services has “a lack of staff and resources to treat, rehabilitate, and safely relocate injured burros” and that this “has created a frustrating situation locally” that is exacerbated by a local shortage of veterinarians. They write that providing the County with the ability to contract with the local nonprofits dedicated to serving the burro population will help “to ensure the health and wellbeing of the burro population and to improve public safety.”

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

4/12/23 14:04:18

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: April 11, 2023

Subject: Undomesticated burros

BACKGROUND AND EXISTING LAW

1. The federal Wild Free-Roaming Horses and Burros Act of 1971 (Chapter 30, commencing with Section 1331 of Title 16 of the United States Code) protects all wild free-roaming horses and burros on public lands of the United States from capture, branding, harassment, or take. The Secretary of the Interior is authorized to manage burros and to remove burros from an area where they are overpopulated, and, when necessary, to preserve and maintain a thriving natural ecological balance and to protect the range. Should wild burros stray onto private lands, the landowner may notify federal authorities to have the animal removed.
2. According to archived materials for AB 222 (Emmerson, Chapter 128, Statutes of 2007)(AB 222), in the early 1950s, a rancher in Rialto roped twenty-two burros in Death Valley and released them in the Reche Canyon area, located in Riverside and San Bernardino counties.
3. The Reche Canyon herd has increased in size since its establishment, and, according to Riverside County, is now estimated to be “well over 1,000” animals roaming Highgrove and Reche Canyon. As the burro population has grown and development increasingly encroached upon the burros’ habitat, human/burro conflicts, such as motor vehicle accidents involving burros, have increased. Several human deaths have resulted from these and other accidents involving burros. The Reche Canyon herd lives on private lands.
4. AB 222 changed state law to allow local agencies to take certain actions related to undomesticated burros not under federal jurisdiction to help ensure that local agencies could respond, for example, to remove an undomesticated burro from a public roadway to ensure public safety, among other provisions.
5. Existing law defines an “undomesticated burro” to mean a wild burro or a burro that has not been tamed or domesticated for three years after its capture and is not protected by the federal government under the Wild Free-Roaming Horses and Burros Act. (Government Code (GOV) §53074.5)
6. Existing law authorizes local animal control agency personnel to remove an undomesticated burro that strays onto private land at the request of the landowner, and to remove an undomesticated burro that strays onto a public roadway to ensure public safety. Existing law further authorizes local animal control agency personnel to provide medical care or treatment to an undomesticated burro that is seriously ill or injured. (GOV §53074.5)
7. Existing law also makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro, except as provided in (6) above, and prohibits the Fish and Game Commission or others to modify this provision administratively or by regulation. (Fish and Game Code §4600)

PROPOSED LAW

This bill would authorize certain nonprofits to also provide care to undomesticated burros, among other things. Specifically, this bill would:

1. Authorize an officer or employee of a nonprofit that contracts with a county to provide services to undomesticated burros to:
   1. Remove an undomesticated burro that either strays onto private land at the request of the landowner, or strays onto a public roadway to ensure public safety.
   2. Provide medical care or treatment, as provided, to an undomesticated burro that is seriously ill or injured.
2. Authorize a local animal control agency, or an authorized nonprofit that contracts with a county to provide services to undomesticated burros, to relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter, as provided.
   1. A local animal control agency has the sole discretion to deem an undomesticated burro unfit for release or re-release, as provided.
3. Provide that an undomesticated burro permanently relocated to an appropriate facility or private adopter is not an undomesticated burro, as defined.
4. Establish a two-part eligibility criteria for a nonprofit to contract with a local animal control agency:
   1. The nonprofit is an organization that is exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code, and
   2. The nonprofit has an approved euthanasia policy that meets certain veterinary requirements, as specified.

ARGUMENTS IN SUPPORT

According to the author, “Several nonprofit organizations in the Inland Empire are dedicated to serving the burro population. These nonprofit rescue organizations have financial means, volunteers, and specialized veterinary resources. What they lack is the statutory authority to contract with Riverside County Animal Services to aid in the rescue and care of the undomesticated burro population.”

The Riverside County Board of Supervisors adds that its Department of Animal Services has “a lack of staff and resources to treat, rehabilitate, and safely relocate injured burros” and that this “has created a frustrating situation locally” that is exacerbated by a local shortage of veterinarians. They write that providing the County with the ability to contract with the local nonprofits dedicated to serving the burro population will help “to ensure the health and wellbeing of the burro population and to improve public safety.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Unique circumstances. Most wild burros are subject to federal protection. State law recognizes this strong federal protection. AB 222 (Emmerson) slightly modified state law to authorize local animal control agencies to take limited actions to address public safety issues caused by the non-federal wild burro herd and to provide medical care to the animals. This bill would authorize local animal control agencies to extend their authority to take certain actions to nonprofits they contract with, establish standards for nonprofits to participate in these efforts, to authorize burro relocation, and make other applicable conforming changes.

The Committee may wish to amend the bill to make minor technical changes to the language to, for example, refer to nonprofits as “nonprofit organizations” consistent with other usage of the term elsewhere in statute. [Amendment #1]

Recent related legislation

AB 222 (Emmerson, Chapter 128, Statutes of 2007) provided authority to local animal control agencies to take certain actions to address burros that are not under the federal government’s jurisdiction.

SUGGESTED AMENDMENTS

AMENDMENT 1

Revise Section 1 as follows:

53074.5. (a) For purposes of this section,

(1) “Undomesticated burro” means a wild burro or a burro that has not been tamed or domesticated for a period of three years after its capture, except as provided in paragraph (3) or subdivision (3), and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act (Chapter 30 (commencing with Section 1331) of Title 16 of the United States Code).

(2) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code.

(b) At the request of the landowners, an officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto private land.

(c) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto a public roadway to ensure public safety.

(d) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may provide medical care or treatment, including, but not limited to, euthanasia if medically appropriate, to an undomesticated burro that is seriously ill or injured.

(e)(1) A local animal control agency, or an authorized nonprofit organization that contracts with a county to provide series to undomesticated burros, may relocate an undomesticated burro that is unfit for release to an appropriate facility or provide adopter as authorized by the local animal control agency.

(2) A local animal control agency shall, for purposes of this subdivision, have the sole discretion to deem an undomesticated burro unfit for release and to deem an undomesticated burro fit for re-release.

(3) An undomesticated burro that is permanently relocated to an appropriate facility or private adopters shall no longer be deemed an undomesticated burro for purposes of this section.

(f) To be eligible to enter into a contract with a local animal control agency for purposes of this section, a nonprofit organization shall meet both of the following requirements. have

(1) It is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.

(2) It has submitted a euthanasia policy that is compliant with Section 2030 of Title 16 of the California Code of Regulations for review and approval by the contracting local animal control agency. The nonprofit organization shall retain a copy of this policy on file.

SUPPORT

Board of Supervisors, County of Riverside (sponsor)

Social Compassion in Legislation

OPPOSITION

None Received

-- END --