BILL NUMBER: SB 1176	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	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, 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 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 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 include a public animal control agency or shelter
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.


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 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.
   (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.
   (d) This section does not authorize any act that violates Section
597 of the Penal 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.