California 2023 2023-2024 Regular Session

California Senate Bill SB1459 Amended / Bill

Filed 04/11/2024

                    Amended IN  Senate  April 11, 2024 Amended IN  Senate  March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1459Introduced by Senator NguyenFebruary 16, 2024An act to add Section 32004 to the Food and Agricultural Code, and to amend Section 597s of the Penal Code, relating to animals.LEGISLATIVE COUNSEL'S DIGESTSB 1459, as amended, Nguyen. Animal shelters: veterinarians.(1) Existing law governs the operation of animal shelters by, among other things, setting a minimum holding period for stray dogs and cats and requiring animal shelters to ensure that dogs and cats, if adopted, are spayed or neutered.This bill would require public animal control agencies or shelters located in a county with a population greater than 400,000 to update any data that they make available on their internet website at least once per month, and would require those agencies and shelters to publish specified information on their internet website, including the number of animals taken in during the prior month and the outcomes for animals over the prior month. By expanding the duties of public animal control agencies and shelters, this bill would impose a state-mandated local program.(2) Existing law makes it a misdemeanor to willfully abandon any animal, except as provided. This bill would create an exception to the above-described crime for animals community cats, as defined, returned or released by a licensed veterinarian or veterinary technician if the release is pursuant to a program of trapping, neutering, and releasing feral or stray sterilizing, and returning or releasing community cats.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32004 is added to the Food and Agricultural Code, immediately following Section 32003, to read:32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.SEC. 2. Section 597s of the Penal Code is amended to read:597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 Amended IN  Senate  April 11, 2024 Amended IN  Senate  March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1459Introduced by Senator NguyenFebruary 16, 2024An act to add Section 32004 to the Food and Agricultural Code, and to amend Section 597s of the Penal Code, relating to animals.LEGISLATIVE COUNSEL'S DIGESTSB 1459, as amended, Nguyen. Animal shelters: veterinarians.(1) Existing law governs the operation of animal shelters by, among other things, setting a minimum holding period for stray dogs and cats and requiring animal shelters to ensure that dogs and cats, if adopted, are spayed or neutered.This bill would require public animal control agencies or shelters located in a county with a population greater than 400,000 to update any data that they make available on their internet website at least once per month, and would require those agencies and shelters to publish specified information on their internet website, including the number of animals taken in during the prior month and the outcomes for animals over the prior month. By expanding the duties of public animal control agencies and shelters, this bill would impose a state-mandated local program.(2) Existing law makes it a misdemeanor to willfully abandon any animal, except as provided. This bill would create an exception to the above-described crime for animals community cats, as defined, returned or released by a licensed veterinarian or veterinary technician if the release is pursuant to a program of trapping, neutering, and releasing feral or stray sterilizing, and returning or releasing community cats.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  April 11, 2024 Amended IN  Senate  March 20, 2024

Amended IN  Senate  April 11, 2024
Amended IN  Senate  March 20, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1459

Introduced by Senator NguyenFebruary 16, 2024

Introduced by Senator Nguyen
February 16, 2024

An act to add Section 32004 to the Food and Agricultural Code, and to amend Section 597s of the Penal Code, relating to animals.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1459, as amended, Nguyen. Animal shelters: veterinarians.

(1) Existing law governs the operation of animal shelters by, among other things, setting a minimum holding period for stray dogs and cats and requiring animal shelters to ensure that dogs and cats, if adopted, are spayed or neutered.This bill would require public animal control agencies or shelters located in a county with a population greater than 400,000 to update any data that they make available on their internet website at least once per month, and would require those agencies and shelters to publish specified information on their internet website, including the number of animals taken in during the prior month and the outcomes for animals over the prior month. By expanding the duties of public animal control agencies and shelters, this bill would impose a state-mandated local program.(2) Existing law makes it a misdemeanor to willfully abandon any animal, except as provided. This bill would create an exception to the above-described crime for animals community cats, as defined, returned or released by a licensed veterinarian or veterinary technician if the release is pursuant to a program of trapping, neutering, and releasing feral or stray sterilizing, and returning or releasing community cats.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1) Existing law governs the operation of animal shelters by, among other things, setting a minimum holding period for stray dogs and cats and requiring animal shelters to ensure that dogs and cats, if adopted, are spayed or neutered.

This bill would require public animal control agencies or shelters located in a county with a population greater than 400,000 to update any data that they make available on their internet website at least once per month, and would require those agencies and shelters to publish specified information on their internet website, including the number of animals taken in during the prior month and the outcomes for animals over the prior month. By expanding the duties of public animal control agencies and shelters, this bill would impose a state-mandated local program.

(2) Existing law makes it a misdemeanor to willfully abandon any animal, except as provided. 

This bill would create an exception to the above-described crime for animals community cats, as defined, returned or released by a licensed veterinarian or veterinary technician if the release is pursuant to a program of trapping, neutering, and releasing feral or stray sterilizing, and returning or releasing community cats.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 32004 is added to the Food and Agricultural Code, immediately following Section 32003, to read:32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.SEC. 2. Section 597s of the Penal Code is amended to read:597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 32004 is added to the Food and Agricultural Code, immediately following Section 32003, to read:32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.

SECTION 1. Section 32004 is added to the Food and Agricultural Code, immediately following Section 32003, to read:

### SECTION 1.

32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.

32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.

32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.(b) A public animal shelter shall publish the following information to its internet website:(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.(2) The source of intake, such as a relocation from another shelter or from the field.(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.(4) The percentage of kennel space utilized for both dogs and cats.(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.(6) The number of animals scheduled for euthanasia.(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.



32004. (a) A public animal shelter shall update any data that it makes available on its internet website at least once per month.

(b) A public animal shelter shall publish the following information to its internet website:

(1) The number of animals taken in during the prior month, with separate categories for dogs, cats, and other animals.

(2) The source of intake, such as a relocation from another shelter or from the field.

(3) Outcomes for animals over the prior month, including adoptions, returns to owners, transfers to rescue organizations, euthanized animals, died in care, or dead upon arrival.

(4) The percentage of kennel space utilized for both dogs and cats.

(5) The total number of remaining adoptable animals separated into separate categories for dogs, cats, and other animals.

(6) The number of animals scheduled for euthanasia.

(c) This section shall apply only to a public animal shelter located in a county with a population greater than 400,000.

SEC. 2. Section 597s of the Penal Code is amended to read:597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.

SEC. 2. Section 597s of the Penal Code is amended to read:

### SEC. 2.

597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.

597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.

597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.



597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor.

(b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.

(c) This section shall not apply to the return or release of any animal by a person licensed under Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code if such release is community cat pursuant to a program of trapping, neutering, sterilizing, and releasing feral or stray returning or releasing community cats.

(d) For purposes of this section, community cat is defined as a domesticated cat who lives primarily outdoors and appears to be unowned.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

### SEC. 3.