BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                  SB 1176|
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                                 THIRD READING

          Bill No:  SB 1176
          Author:   Aanestad (R)
          Amended:  As introduced
          Vote:     21

          AYES:  Florez, Hancock, Hollingsworth, Wolk
          NO VOTES RECOREDED:  Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SUBJECT  :    Animals at large: estrays: estray laws

           SOURCE  :     Author

           DIGEST  :    This bill makes clarifying changes to existing  
          law relating to estray animals.

           ANALYSIS  :    Existing law specifies that state law does not  
          affect any local laws or regulations regarding strays where  
          local laws or regulations are in force with one exception.   
          Poundkeepers must notify the California Department of Food  
          and Agriculture immediately after impounding any bovine  
          animal, horse, mule, or burro.  Upon receipt of the notice,  
          CDFA will take possession of any bovine animal.

           Simpson v. City of Los Angeles  (1953) 40 Cal.2d 271,  
          279-280 interpreted the right of local ordinances to  
          specify procedures for a poundkeeper that are different  
          from those otherwise specified in state estray laws.   


                                                               SB 1176

          This bill:

          1. Adds the term "public animal control agency or shelter"  
             when specifying that state law regarding strays does not  
             apply within the limits of a city or county where law  
             regarding strays are already in force.

          2. Clarifies that ordinances regarding strays are not  
             affected by state estray laws.

          3. Specifies that poundkeepers may follow local ordinances  
             regarding the holding or disposal of horse, mule, or  
             burro strays other than bovine animals.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  4/20/10)

          California Agricultural Commissioners & Sealers Association
          Tehama County

           ARGUMENTS IN SUPPORT  :    Proponents of this bill state that  
          existing law is outdated, using antiquated terms that could  
          lead to confusion.  The modern terms "public animal control  
          agency or shelter" and "ordinance" are added as they are  
          commonly used and understood by modern readers and local  
          agencies.  Further, this bill addresses confusing language  
          regarding what law governs the holding or disposal of  
          larger animals such as horses, mules, burros, or bovines by  
          codifying that local ordinances and laws govern holding and  
          disposal of horses, mules, burros, and other animals while  
          CDFA continues to take possession of bovine estrays.  

          TSM:do  4/20/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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