BILL ANALYSIS AB 2949 Page 1 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 AB 2949 Page 2 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 AB 2949 Page 3 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 AB 2949 Page 4 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