BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2007-2008 Regular Session
AB 2949 A
Assembly Member DeSaulnier B
As Amended May 12, 2008
Hearing Date: June 24, 2008 2
Civil Code 9
CS:rm 4
9
SUBJECT
Abandoned Pets
DESCRIPTION
Generally, a voluntary deposit of property occurs when a
party gives to another, with his or her consent, possession
of their personal property; whereas an involuntary deposit
of property occurs when the property is provided to another
by accident (without negligence) or by necessity.
This bill would provide that an involuntary deposit is also
made by the abandonment or leaving of a live animal in or
about any premises or real property that has been vacated,
upon, or immediately preceding, the termination of a rental
agreement or foreclosure of the property.
This bill would require any person or private entity with
whom a live animal is left, as specified, to immediately
notify animal control officials for the purpose of
retrieving the animal as provided by Penal Code Section
597.1, which authorizes any peace officer, humane society
officer, or animal control officer to take possession of
the abandoned animal and provide care for the animal until
the animal is deemed to be in a suitable condition to be
returned to the owner.
This bill would also authorize animal control officials to
secure a lien upon the animal for the purpose of recovering
the costs of rescuing it, as provided by Penal Code Section
597.1.
(more)
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This bill would require a public agency, or a shelter with
whom an abandoned animal is deposited, to take charge of
it.
This bill would exempt abandoned animals, as specified,
from the provisions of the Civil Code that governs the
disposition of personal property remaining on the premises
after a tenancy has terminated and been vacated by the
tenant.
BACKGROUND
Although the state provides a process to lawfully deposit
animals for adoption and also criminalizes the neglect of
animals, the practice of abandoning animals is on the rise.
According to the Humane Society and SPCA, animals are
being abandoned in record amounts as a result of the
mortgage crisis. These pets are often left by families
dealing with financial hardships that must move to
apartments that have no-pet policies or to the homes of
relatives who do not want the pets.
In addition, institutions that own the vacated or
foreclosed property are left with the abandoned animals and
in some instances direct their agents to not feed or care
for the abandoned animal.
To control the increase in abandoned animal cases and to
encourage the reporting of those instances, this bill would
require any person or private entity on whose property a
live animal is involuntarily left to immediately notify
animal control officials.
CHANGES TO EXISTING LAW
1. Existing law authorizes any peace officer, humane
society officer, or animal
control officer to seize an abandoned or neglected animal
and provide care for the animal until the animal is
deemed to be in suitable condition to be returned to the
owner. (Penal Code (Pen. Code) Section 597.1 et seq.)
Existing law provides that any animal properly seized
constitutes a lien on the animal if the seizure is upheld
at a postseizure hearing, otherwise the lien must be
relinquished. The animal owner, agent of the owner, or
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keeper of the animal is subject to personal liability for
the costs associated with the lien if they receive notice
of the seizure and they do not attend or request a post
seizure hearing. (Pen. Code 597.1(f).)
Existing law provides that an involuntary deposit is made
by the accidental
leaving or placing of personal property in the possession
of any person, without negligence on the part of its
owner, or by the owner of personal property committing
it, out of necessity, to the care of any person, or by
the delivery to, or picking up by, and the holding of, a
stray live animal by any person or public or private
entity. (Civil Code Section 1815 et seq.)
This bill would provide that an involuntary deposit is
also made by the abandonment or leaving of a live animal,
as proscribed by Section 597.1 of the Penal Code, in or
about any premises or real property that has been vacated
upon, or immediately preceding the termination of a lease
or other rental agreement or foreclosure.
2. Existing law requires a person or private entity
with whom a thing is involuntarily deposited upon to take
charge of it, if able to do so. (Civil Code Section 1816
et seq.)
This bill would also require any person or private entity
with whom a live animal is involuntarily deposited upon,
to immediately notify animal control officials for the
purpose of retrieving the animal as provided by Penal
Code Section 597.1.
This bill would also authorize animal control officials
to secure a lien upon the animal for the purpose of
recovering the costs of rescuing the animal, as provided
by Penal Code Section 597.1.
This bill would require a public agency or a shelter with
whom an abandoned animal is deposited to take charge of
it as required by Penal Code Section 597.1.
3. Existing law provides an optional procedure
for the disposition of personal property that remains on
the premises after a tenancy has terminated and the
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premises has been vacated by the tenant. (Civil Code
Section 1981 et seq.)
This bill would exempt from that procedure abandoned
live animals that have been left on or about any premises
or real property that has been vacated, or abandoned
animals left immediately preceding the termination of a
lease or other rental agreement or foreclosure of the
property.
COMMENT
1. Need for the bill to eliminate the practice of
abandoning live animals and to encourage appropriate
reporting
The author asserts that the practice of abandoning
animals is increasing with the recent housing crisis.
Financially strapped families are abandoning their pets,
the author asserts, because they cannot afford to take
care of them when they are facing foreclosure or
eviction. Yet, their abandoned pets are not being cared
for by the subsequent owner of the property, which is
generally the foreclosing lender which has no interest in
rescuing the animal. Therefore, the author argues that
AB 2949 would ensure more animals find proper care and
sanctuary by requiring notification of the abandoned pet
to animal control officials by any person or private
entity.
Proponent of AB 2949, Animal Place, contends that this
measure will better inform the real estate industry of
their duties when they encounter an abandoned animal.
(Animal Place Letter of Support, dated June 5, 2008.)
Other proponents of AB 2949 also indicate that this
measure will lead to a decrease in animal neglect and an
overall increase in animal adoptions.
In sum, the author argues that AB 2949 will directly
address the need to rescue animals from vacant homes and
will provide direction to the housing industry when
dealing with abandoned animals.
2. The bill intends to clarify the parties responsible for
taking care of or reporting involuntarily deposited
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animals
Existing law implies that an involuntarily deposited
animal should be cared for by a shelter or a private
party if they are able to do so - but it does not provide
direction regarding abandoned animals at vacated
properties. (See Civil Code Section 1815 et seq.)
The intent of AB 2949, the author contends, is to make
clear that animal shelters and private parties must also
take charge of live animals at vacated properties to
further eliminate the overall abandonment of animals.
3. Notifying animal control officials of an abandoned
animal reflects a legislative priority
When the Legislature enacted SB 1785 (Hayden, Ch. 752,
Stats. 1998), creating the duty to take charge of
involuntarily deposited animals, the Legislature stated
in its declaration and findings that "[i]t is better to
have public and private shelters pick up or take in
animals than private citizens." (See Civil Code Section
1815 et seq.)
AB 2949's requirement that any person or private entity
notify animal control officials of an abandoned animal is
consistent with the Legislature's preference that animal
shelters receive notice and take charge of the animal.
Proponents of AB 2949 reason that this provision would
provide direction to private parties, particularly the
real estate industry, who are more frequently
encountering abandoned animals at vacated or foreclosed
upon homes.
4. Lien provision is imposed upon the animal and must be
paid by the owner or keeper of the animal
AB 2949 provides an animal control agency with the
explicit authority to secure a lien upon the animal for
its services pursuant to the Civil Code, mirroring that
authority under the Penal Code. (See Pen. Code Section
597.1(a).) That provision requires the owner, the
owner's agent, or the keeper of the animal to pay the
lien if the seizure is justified. (Pen. Code Section
597.1(f)-(g).) A party-owner/keeper is also subject to
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personal liability for the costs associated with the lien
if they receive notice of the seizure and they do not
attend or request a post seizure hearing. (Id.)
Under AB 2949, when an animal control agency seeks to
enforce a lien upon an animal that has been found at a
vacated home - the actual owner of the animal is unlikely
to respond or pay the costs associated with that lien.
Rather, the private party that is required to report the
incident would be the only available party and might be
considered the keeper of the abandoned animal as that
phrase is used under the lien provision.
To ensure that private parties comply with the reporting
requirement, the committee may want to consider revising
this measure to avoid the situation where a private party
left with an abandoned pet is also considered the keeper
of the animal. From a policy standpoint, this measure
intends to encourage reporting of abandoned animals - yet
if private parties are subject to liability as a keeper
for the animal control agency's costs of recovering the
animal, it may lead to further neglect of abandoned pets.
SHOULD THE REPORTING PARTY POTENTIALLY BE SUBJECT TO
LIABILITY FOR THE ANIMAL CONTROL AGENCY'S COSTS OF
RECOVERING THE ANIMAL?
WOULD NOT SOME PRIVATE PARTIES, TO AVOID THE COSTS, FAIL
TO REPORT OR TRANSPORT THE ANIMAL ELSEWHERE?
Suggested amendment: The private party or successor
property owner should be excluded from the definition of
keeper for purpose of Section 597.1 of the Penal Code.
(For details on the postseizure process afforded to
animal owners and details regarding the imposition of the
lien upon the animal - see Penal Code Section
597.1(f)-(g).)
5. Exempting abandoned animals from the optional
disposition procedure is consistent with existing law
Under existing law, certain livestock, such as cows,
horses, and sheep, are exempted from an optional
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procedure that permits a property owner or landlord to
dispose of personal property that remains on the premises
after a tenancy has terminated and been vacated by the
tenant. (See Civil Code Section 1981(d).) The
Legislature enacted this provision to address the need of
animal owners that inadvertently leave their livestock at
their previous residence or property. (See AB 2605
(Bordonaro), Ch. 653, Stats. 1996.)
AB 2949 similarly exempts abandoned animals left on
vacated property from the optional disposition procedure.
Support: Animal Place; Animal Switchboard; California
Federation for Animal
Legislation
Opposition: None Known
HISTORY
Source: California Animal Association; American Society
for the Prevention of
Cruelty to Animals (ASPCA)
Related Pending Legislation: None Known
Prior Legislation:SB 1785 (Hayden, Ch. 752, Stats. 1998)
imposed, inter alia, a duty to take charge
of involuntarily deposited animals upon
animal shelters and private persons, and
made various declarations and findings
regarding the abandonment of animals.
Prior Vote: Assembly Floor (Ayes 76, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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