BILL ANALYSIS
AB 2949
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CONCURRENCE IN SENATE AMENDMENTS
AB 2949 (DeSaulnier)
As Amended July 2, 2008
Majority vote
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|ASSEMBLY: |76-0 |(May 22, 2008) |SENATE: |22-14|(July 7, 2008) |
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Original Committee Reference: JUD.
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 provides
that:
1)Any person or private entity with whom a live animal is
deposited shall immediately notify animal control officials
for the purpose of retrieving the animal.
2)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)No new or additional civil or criminal liability shall be
imposed upon a depositary who complies with this measure.
4)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.
5)Provides that 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, as specified.
The Senate amendments provide that 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, as specified.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
AB 2949
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FISCAL EFFECT : None
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.
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
the Society for the Prevention of Cruelty to Animals, 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.)
AB 2949
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Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN: 0005891