BILL ANALYSIS
SB 1176
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Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
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
authority.
REGISTERED SUPPORT / OPPOSITION :
Support
California Agricultural Commissioners & Sealers Association
(Sponsor)
County of Tehama
Opposition
None on file.
SB 1176
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Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084