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
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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