BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1176|
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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existing law is outdated, using antiquated terms that could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
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