BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1176| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1176 Author: Aanestad (R) Amended: As introduced Vote: 21 SENATE FOOD AND AGRICULTURE COMMITTEE : 4-0, 4/6/10 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. CONTINUED SB 1176 Page 2 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& Sealers Association Tehama County ARGUMENTS IN SUPPORT : Proponents of this bill state that existing law is outdated, using antiquated terms that could lead to confusion.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 **** END ****