BILL NUMBER: SB 1176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2010

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 18, 2010

   An act to amend Section 17003 of the Food and Agricultural Code,
relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1176, as amended, Aanestad. Animals at large: estrays: estray
laws.
   Existing law provides that, except as specified, state provisions
relating to estrays, as defined, do not affect any law or regulation
regarding estrays, the poundkeeper, or  the  other
pound officer within the limits of any city or county where laws
regarding estrays are in force.
   This bill, instead, would provide that, except as specified, state
provisions relating to estrays do not affect any law, ordinance, or
regulation regarding estrays, the poundkeeper, or  the
 other pound officer, or a public animal control agency or
shelter within the limits of any city or county where such laws,
ordinances, or regulations are in force.
   Existing law requires the poundkeeper or other pound officer to
immediately notify the Secretary of Food and Agriculture upon the
impounding of any bovine animal, horse, mule, or burro.
   This bill would  also require   include 
a public animal control agency or shelter  to immediately
notify the secretary upon the impounding of any of those animals. By
imposing new duties on local agencies, the bill would impose a
state-mandated local program   among those to which this
provision applies  . 
   The bill would provide that the use of the term "animal control
agency or shelter" is intended to update terminology and shall not be
construed to expand the application of the provisions in this act to
persons other than poundkeepers or pound officers.  
   The bill would provide that a city, county, or city and county
that establishes or has established laws, ordinances, or regulations
regarding estrays may opt to follow those laws, ordinances, or
regulations instead of state laws in the handling of estrays that are
not bovine animals in accordance with the applicable laws,
ordinances, or regulations of the city, county, or city and county.
 
   This bill would authorize the poundkeeper, other pound officer, or
a public animal control agency or shelter to hold and dispose of any
horse, mule, burro, or other animal that is not a bovine animal in
accordance with the applicable ordinances of the city or county.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17003 of the Food and Agricultural Code is
amended to read:
   17003.  (a) Except as provided in this section, this chapter does
not affect any law, ordinance, or regulation regarding estrays, the
poundkeeper, or the  other pound officer, or a
public animal control agency or shelter within the limits of any city
or county where such laws, ordinances, or regulations are in force.
   (b) Upon the impounding of any bovine animal, horse, mule, or
burro, the poundkeeper, other pound officer, or public animal control
agency or shelter shall immediately notify the secretary. Upon
receipt of that notice, the secretary shall take possession of any
bovine animal and shall dispose of it pursuant to this chapter.
 Notwithstanding any other provision of this chapter, the
poundkeeper, other pound officer, or a public animal control agency
or shelter may hold and dispose of any horse, mule, burro, or other
animal that is not a bovine animal in accordance with the applicable
ordinances of the city or county.  
   (c) Any city, county, or city and county that establishes or has
established laws, ordinances, or regulations regarding estrays, may
opt to follow those laws, ordinances, or regulations instead of this
chapter in the handling of estrays that are not bovine animals in
accordance with the applicable laws, ordinances, or regulations of
the city, county, or city and county.  
   (c) 
    (d)  This section does not authorize any act that
violates Section 597 of the Penal Code. 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 2.    For purposes of this section, the use of
the term, "animal control agency or shelter" is intended to update
terminology and shall not be construed to expand the application of
this section to persons other than poundkeepers or pound officers.

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