BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1176
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          Date of Hearing:   June 16, 2010

                              Cathleen Galgiani, Chair
                SB 1176 (Aanestad) - As Introduced:  February 18, 2010

           SENATE VOTE  :   36-0
          SUBJECT  :  Animals at large: estrays: estray laws.

           SUMMARY  :  Expands reporting requirements for estrays to public  
          animal control agencies or shelters while expanding the  
          exemption for such reporting in cities or counties where such  
          estray laws or ordinances, or regulations, are in force.   
          Exempts from other provisions of estray statute, a poundkeeper,  
          or other pound officer, or a public animal control agency or  
          shelter, permitting them to hold and dispose of any horse, mule,  
          burro, or other non-bovine animal in accordance with the  
          applicable ordinances of the city or county.   

           EXISTING LAW  provides definitions of estrays as "any impounded  
          or seized bovine animal, horse, mule, sheep, swine, or burro  
          whose owner is unknown or cannot be located;" authorizes the  
          taking-up of estray animals; requires notice to the Secretary  
          (Secretary) of the California Department of Food and  
          Agriculture, upon the impound of a estray, and that the  
          Secretary shall take possession of estray bovine animals.   
          Describes the handling and disposal requirements of estrays by  
          the taker-up and authorized inspectors, including holding  
          requirements based upon an animal's value.  (Food and  
          Agricultural Code Section 17001, et seq.)

          Provides requirements for handling, holding and disposal or sale  
          of dogs, cats and other animals, including rabbit, guinea pig,  
          hamster, potbellied pig, , bird, lizard, snake, turtle, or  
          tortoise.  (Food and Agricultural Code Section 30520 through  
          Section 31766.)

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill had no significant additional state costs,  
          will not require appropriation of state funds, and will cause no  
          significant reduction in revenues (Senate Rule 28.8).

           COMMENTS  :   Due to hard economic times, some animal owners can  
          no longer afford to feed or paddock their animals, so they turn  


                                                                  SB 1176
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          them loose in rural areas or into other property owners'  
          pastures.  Since 1998, horses can no longer be slaughtered in  
          California and they cannot knowingly be sold for out-of-state  
          slaughter, creating a dilemma for the disposal of surplus equine  
          animals.  Without alternatives for disposal of horses or funding  
          to provide them proper care, they may be turned loose and become  
          a city's or county's problem.  This, combined with the economic  
          hardships, have increased the numbers of animals the cities and  
          counties are having to  handle.

          According to the Sponsors, California Agricultural Commissioners  
          & Sealers Association, this bill is intended to clarify existing  
          state law and local city or county procedures for handling  
          estray (or stray) animals, other than bovine (cattle) animals.   
          Further, SB 1176 updates antiquated terms and references in  
          state statute to eliminate questions regarding the applicability  
          and use of local ordinances and rules in dealing with non-bovine  
          estrays.  The Sponsors do not intend these changes to impact any  
          state requirements or statutes regarding bovine animals.

          As written, SB 1176 uses the phrase "Notwithstanding any other  
          provisions of this chapter" which creates significant liberties  
          for a city or county to pick and choose which parts of the state  
          estray law they conform with and what they choose not to comply  
          with.  The committee may wish to consider restructuring this  
          proposal by creating a section (c) that will provide the option  
          for a city or a county, that has applicable ordinances or  
          regulations dealing with non-bovine estray animals, to elect to  
          use their ordinances or regulations in the handling and disposal  
          of such animals.  This would clarify that a city or county has  
          the option to deal with non-bovine animals under local  


          California Agricultural Commissioners & Sealers Association  
          County of Tehama 
          None on file.


                                                                  SB 1176
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           Analysis Prepared by :    Jim Collin / AGRI. / (916) 319-2084