BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2949
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          Date of Hearing:   April 29, 2008 

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Dave Jones, Chair
                  AB 2949 (DeSaulnier) - As Amended:  April 22, 2008

                    PROPOSED CONSENT (As Proposed to be Amended)
           
          SUBJECT  :   ABANDONED PETS

           KEY ISSUE  :  IN ORDER TO ENSURE THE PROPER CARE OF ABANDONED  
          ANIMALS FOUND IN A FORECLOSED-UPON HOME, SHOULD A BANK BE  
          REQUIRED TO CONTACT ANIMAL CONTROL OFFICIALS IN ORDER TO, AMONG  
          OTHER THINGS, RETRIEVE THE ANIMAL?

                                      SYNOPSIS
          
          This non-controversial bill, sponsored by the California Animal  
          Association, requires a person who discovers an abandoned animal  
          within a foreclosed-upon home to contact animal control for the  
          purpose of retrieval and care.  According to the author, due to  
          housing foreclosures, the abandonment of animals throughout  
          California has grown.  According to various representatives of  
          the Humane Society and SPCA, animals are being abandoned in  
          record amounts as a result of this recent housing slump:   
          "Foreclosures are leaving the cities with all of the problems,  
          including animals that have been left behind," according to Paul  
          Bruce, regional program coordinator for the Sacramento Humane  
          Society.  The author explains that when people are allowed to  
          enter an abandoned house, such as property inspectors and real  
          estate brokers, they have discovered dogs tied to trees in  
          backyards, cats and turtles in garages, and rabbits and lizards  
          in children's bedrooms.  According to the sponsor, there is  
          confusion as to what steps a lender, who is in possession of a  
          foreclosed home, must take regarding the abandoned animal.
          The author concludes that this bill gives banks and their  
          employees jurisdiction to take responsibility for these  
          abandoned animals quickly, potentially saving their lives.  This  
          bill has no known opposition.

           SUMMARY  :   Requires a person who discovers an abandoned animal  
          within a foreclosed-upon home to contact animal control for the  
          purpose of retrieval and care.  Specifically,  this bill  :  

          1)Provides that any person or private entity with whom a live  








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            animal is deposited shall immediately notify animal control  
            officials for the purpose of retrieving the animal.  

          2)Provides that animal control officers who recover an abandoned  
            animal, as provided, shall be entitled to secure a lien for  
            the purpose of recovering the costs of attempting to rescue  
            the animal.  

          3)Provides that no new or additional civil or criminal liability  
            shall be imposed upon a depositary who complies with this  
            measure.




           EXISTING LAW  : 

          1)Provides that every person who overworks, tortures, torments,  
            deprives of necessary sustenance, drink, or shelter, cruelly  
            beats, mutilates, or cruelly kills any animal; and whoever,  
            having the charge or custody of any animal, either as owner or  
            otherwise, subjects any animal to needless suffering, or  
            inflicts unnecessary cruelty upon the animal, or in any manner  
            abuses any animal, or fails to provide the animal with proper  
            food, drink, or shelter or protection from the weather, or who  
            drives, rides, or otherwise uses the animal when unfit for  
            labor, is, guilty of either a misdemeanor or a felony  
            punishable by a fine of not more than $20,000.  (Penal Code  
            Section 597.)

          2)Provides that every owner, driver, or keeper of any animal who  
            permits 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 is  
            guilty of a misdemeanor.  Provides that when any peace  
            officer, humane society officer, or animal control officer has  
            reasonable grounds to believe that very prompt action is  
            required to protect the health or safety of the animal or the  
            health or safety of others, the officer shall immediately  
            seize the animal.  (Penal Code Section 597.1.)

          3)Provides that every person who willfully abandons any animal  
            is guilty of a misdemeanor.  (Penal Code Section 597s.)

           FISCAL EFFECT :   As currently in print this bill is keyed  








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          fiscal.

           COMMENTS  :  According to the author, due to housing foreclosures,  
          the abandonment of animals throughout California has grown.  The  
          author explains that when people are allowed to enter an  
          abandoned house, such as property inspectors and real estate  
          brokers, they have discovered dogs tied to trees in backyards,  
          cats and turtles in garages, and rabbits and lizards in  
          children's bedrooms.  According to the sponsor, the California  
          Animal Association, there is confusion as to what steps a  
          lender, who is in possession of a foreclosed home, must take  
          regarding the abandoned animal.  The sponsor states that banks  
          have often prohibited employees from feeding or caring for any  
          abandoned animals that are found on the foreclosed-upon  
          property.  The author concludes that this bill gives banks and  
          their employees jurisdiction to take responsibility for these  
          abandoned animals quickly, potentially saving their lives.

           Recent Housing Slump Has Led to Increased Animal Abandonment  .   
          California has been hard-hit by the recent housing crisis:  CNN  
          recently reported that in January, California had 57,000  
          foreclosure filings, which amounts to one for every 227 homes.   
          According to various representatives of the Humane Society and  
          SPCA, animals are being abandoned in record amounts as a result  
          of this recent housing slump:  "Foreclosures are leaving the  
          cities with all of the problems, including animals that have  
          been left behind," according to Paul Bruce, regional program  
          coordinator for the Sacramento Humane Society.  These pets are  
          often left by families dealing with financial hardships.   
          Exacerbating this problem is the fact that these families often  
          move to apartments that have no-pet policies or to the homes of  
          relatives who do not want additional pets.  As a result, banks  
          who own the property are also left with the unwanted pets.  In  
          some instances, banks do not want agents to feed these abandoned  
          pets.  This situation led Stephen Zawistowski, senior vice  
          president for the American Society for Prevention of Cruelty to  
          Animals to state, "What we've always known is that when times  
          are hard for people, they're hard for their pets."  ("Pets  
          Becoming Casualty of Foreclosures," Contra Costa Times, December  
          22, 2007; "Foreclosures Lead to Abandoned Animals," Associated  
          Press Online, January 29, 2008; "SPCA's Numbers, Foreclosures  
          Line Up," Contra Costa Times, February 8, 2008.)  
           
          Author's Clarifying Amendments  .  In order to better clarify that  
          a person in possession of an abandoned animal must not neglect  








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          or abuse the animal, the author has agreed to take the following  
          amendments:  

               The person in possession of the abandoned animal is subject  
               to all local ordinances and state laws that govern the  
               proper care and treatment of those animals. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Animal Association (sponsor)
          American Society for the Prevention of Cruelty to Animals
          Animal Place
          Born Free USA united with Animal Protection Institute
          California Apartment Association
          Humane Society of the United States
          United Animal Nations
          One individual

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Manuel Valencia / JUD. / (916) 319-2334