In September, former Governor Pete Wilson signed into law the Hayden Bill, a far-reaching set of requirements for California's animal shelters designed to save animals' lives, prevent suffering and eliminate abandonment. In line with PHS's Goal 2002 (see our Annual Report, page xx), the Hayden Bill declares that shelters across the state should work together to end euthanasia by the year 2010.

PHS currently meets or exceeds many requirements of the new law, which will go into effect July 1, 1999. One provision increases to six days the length of time a stray animal must be held for their legal guardian to "find" and redeem them, unless the shelter is open until 7 pm one weekday evening or the animal is held through one weekend day. The six-day requirement will replace the state's current law of 72 hours, making it easier for working people to look for their lost companion.

Because San Mateo County already has a mandatory stray holding period of 96 hours (not including the day the animal arrives), and PHS is open until 8 pm two evenings a week, we already meet the new requirements. However, smaller shelters and animal control agencies that do not have the staff or kennel space to accommodate these changes may find it difficult to comply, and some humane societies are considering discontinuing their contracts to provide animal control services to their cities and counties. (PHS is committed to continuing our contract with the county for animal control services.)

The Hayden Law also mandates keeping records of lost and found animals. At PHS we already keep comprehensive records for every animal and provide extensive assistance to people trying to locate a lost companion. The law amends sections of the Civil Code to read that shelters must ìprovide the animals with necessary and prompt veterinary care, nutrition, shelter and treat them kindly.î PHS takes great pride in the high quality of care animals receive at our shelter.

Longer holding periods
One requirement, however, will have a significant impact on PHS. The law mandates that animals surrendered by a legal guardian must be held for 24 hours to allow that person to reclaim their animal (should they change their mind), and held an additional 24 hours for either adoption or guardian redemption. In the past we have not had a set holding period for animals surrendered by their guardians. Many times, based on the animal's temperament (for instance, aggressive), age or physical condition, we are able to determine that they will be euthanized if left at the shelter.

The new requirement will certainly have an impact on our holding capabilities. We may need to renovate and adapt some areas of the shelter to create the necessary space. While PHS has this option, some (especially smaller) shelters, do not; they may be forced to use their current adoption areas to house animals. This potentially could lead to animals who otherwise could be adopted being euthanized.

The law expands significantly on criminal, prosectorial and enforcement issues. Changes in anti-cruelty laws will require humane officers to post notice on a property when we plan to impound an animal and conduct a pre-seizure hearing. (If exigent circumstances are present, we must conduct a hearing following the seizure.) If the hearing determines the seizure was justified, the new law allows us to disposition the animal after 14 days. If the legal guardian fails to comply with our requirements, they will forfeit the animal. Animals will no longer be forced to stay in shelters as ìevidenceî in a cruelty case when the legal guardian has, in essence, abandoned the animal at the shelter.

At PHS we believe the Hayden Bill is a step forward for animals. All animal welfare workers want animals who can be placed into permanent, responsible and loving homes to have that opportunity. We want to see an end to euthanasia. That is the intent of this new law.

PENNY CISTARO

caption:
The Hayden Law is intended to end unnecessary euthanasia by the year 2010.

credit:
Marianne Skoczek