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Friday, Feb 03 2012 03:46 PM

County to stick with 96-hour animal hold law

BY JAMES BURGER Californian staff writer jburger@bakersfield.com

Animal groups across California are railing against Gov. Jerry Brown's proposed repeal of a 1998 law that required animal control agencies to hold strays for 96 hours before euthanizing them.

But scuttling the Hayden Bill, named after the author, former state Sen. Tom Hayden, wouldn't change protocol in Kern County.

Untill 2004, Kern County routinely and knowingly violated the 1998 law, saying it was more humane to euthanize animals than keep them in crowded conditions where they could become ill.

But in 2004, in response to a lawsuit against the county, Kern County Superior Court Judge Gary Friedman ruled Kern must comply with the 96-hour hold law.

That stands even if the Hayden Bill is repealed, said Kern County Public Health Director Matt Constantine.

He said county staff wouldn't revert to the earlier 72-hour standard even if they could.

"What we're trying to do is maximize the return of any animal in the shelter to their owner," he said.

There is a balance to strike in doing that, Constantine said.

"We have to worry about overcrowding and we don't want to create situations in which the animals are sick or injured," he said.

Brown has said he wants to repeal the law to save millions of dollars sent to counties to fund the extra hold time.

But the Hayden Bill was suspended by Gov. Arnold Schwarzenegger in 2009.

Kern County Animal Control won't lose money, Constantine said, because the county hasn't asked for any available under the Hayden Bill in years and none has been available since 2009.

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