California 2015-2016 Regular Session Status: Passed Assembly

AB 2278 — Animal control: seizure of animals: costs.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized. (2) Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal. This bill would, subject to exception, make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program. (3) Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. This bill would, subject to exception, require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner. (4) Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case. This bill would make the above provision applicable to any animal. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  5. Referred to Com. on PUB. S.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4685.)

  8. Read second time. Ordered to Consent Calendar.

  9. From committee: Do pass. To Consent Calendar. (Ayes 19. Noes 0.) (April 27).

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 5).

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. Re-referred to Com. on PUB. S.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  16. Referred to Com. on PUB. S.

  17. From printer. May be heard in committee March 20.

  18. Read first time. To print.

Sponsors

  • Linder · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Linder

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Mendoza — Yea
Nielsen — Yea
Bates — Yea
Hill — Yea
Lara — Yea
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2278 LINDER Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
Obernolte — Yea
Santiago — Yea
Ting — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Dodd — Yea
Chau — Yea
Chu — Yea
Salas — Yea
Harper — Yea
Cooper — Yea
Mayes — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Gomez — Yea
Burke — Yea
Gordon — Yea
Gray — Yea
Jones-Sawyer — Yea
Kim — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Chang — Yea
Maienschein — Yea
McCarty — Yea
Chiu — Yea
Medina — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Wood — Yea
Frazier — Yea
Gatto — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 19 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 2000
Republican 2000
Total 19001
% of votes cast 95%0%0%5%
How each member voted (20)
Member Party Vote
Bloom — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Bigelow — Yea
Chang — Yea
Daly — Yea
Obernolte — Yea
Santiago — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2278 do?
(1) Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized. (2) Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal. This bill would, subject to exception, make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program. (3) Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. This bill would, subject to exception, require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner. (4) Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case. This bill would make the above provision applicable to any animal. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2278?
AB 2278 is sponsored by Linder.
What is the current status of AB 2278?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2278?
Track AB 2278 free on One Click Politics — get push/email alerts when it moves.

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