BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2949|
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THIRD READING
Bill No: AB 2949
Author: DeSaulnier (D)
Amended: 7/2/08 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/24/08
AYES: Corbett, Kuehl, Steinberg
NOES: Harman, Ackerman
ASSEMBLY FLOOR : 76-0, 5/22/08 - See last page for vote
SUBJECT : Abandoned pets
SOURCE : California Animal Association
American Society for the Prevention of Cruelty
to Animals
DIGEST : This bill 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 an involuntary
deposit of an animal is 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, (2) requires 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 provide by Penal Code Section
597.1, which authorizes any peace officer, humane society
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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, (3) authorizes animal control
officers 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, (4) requires a public agency, or
a shelter with whom an abandoned animal is deposited, to
take charge of it, and (5) exempts 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.
ANALYSIS : 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 Section
597.1 et seq.) Existing provides that any animal properly
seized constitutes a lien on the animal if the seizure is
upheld at a post-seizure hearing; otherwise the lien must
be relinquished. The animal owner, agent of the owner, or
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. (Penal Code Section 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.
This bill provides 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.
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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 also requires 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 also authorizes 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 requires 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.
The bill provides, for purposes of this section, the person
or private entity that notifies animal control officials to
retrieve the animal or the successor property owner shall
not be considered the keeper of the animal or the agent of
the animal's owner as those terms are used in Section 597.1
of the Penal Code.
Existing law provides an optional procedure for the
disposition of personal property that remains on the
premises after a tenancy has terminated and the premises
has been vacated by the tenant. (Civil Code Section 1981
et seq.)
This bill exempts 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/2/08)
California Animal Association (co-source)
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American Society for the Prevention of Cruelty to Animals
(co-source)
Animal Place
Animal Switchboard
California Federation for Animal Legislation
ARGUMENTS IN SUPPORT : The author's office 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 not
interest in rescuing the animal. Therefore, the author's
office argues that this bill will 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 this bill, Animal Place, contends that this
bill will better inform the real estate industry of their
duties when they encounter an abandoned animal.
Other proponents also indicate that this bill will lead to
a decrease in animal neglect and an overall increase in
animal adoptions.
The author's office argues that this bill will directly
address the need to rescue animals from vacant homes and
will provide direction to the housing industry when dealing
with abandoned animals.
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
De Leon, DeSaulnier, DeVore, Duvall, Emmerson, Eng,
Evans, Feuer, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garcia, Garrick, Hancock, Hayashi, Hernandez,
Horton, Houston, Huff, Huffman, Jeffries, Jones, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,
Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello,
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Parra, Plescia, Portantino, Price, Sharon Runner, Ruskin,
Salas, Saldana, Silva, Smyth, Solorio, Spitzer,
Strickland, Swanson, Torrico, Tran, Villines, Walters,
Wolk, Bass
NO VOTE RECORDED: Dymally, Karnette, Nunez, Soto
RJG:cm 7/2/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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