BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1176|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1176
          Author:   Aanestad (R)
          Amended:  6/21/10
          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

           SENATE FLOOR  :  36-0, 4/26/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,  
            Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth,  
            Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete  
            McLeod, Padilla, Pavley, Price, Romero, Runner, Simitian,  
            Steinberg, Strickland, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Oropeza, Walters, Wiggins, Vacancy

           ASSEMBLY FLOOR  :  75-0, 8/16/10 - See last page for vote


           SUBJECT  :    Animals at large: estrays: estray laws

           SOURCE  :     California Agricultural Commissioners and  
          Sealers 
                      Association


           DIGEST  :   This bill updates responsible party titles and  
          references for cities and counties where estray laws or  
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          ordinances, or regulations, are in force.  Permits any city  
          or county, which has established laws, ordinances, or  
          regulations for non-bovine estrays, to opt out of this  
          chapter's requirements for those estrays and follow their  
          laws, ordinances or regulations.   
           Assembly Amendments  make clarifying changes and provides  
          that a city, county, or city and county that establishes or  
          has established laws, ordinances, or regulations regarding  
          strays may opt to follow those laws, ordinances, or  
          regulations instead of state laws in the handling of strays  
          that are not bovine animals in accordance with the  
          applicable laws, ordinances, or regulations of the city,  
          county, or city and county.

           ANALYSIS  :    

           Existing law  :

          1. 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 California Department of Food and  
             Agriculture (CDFA), upon the impound of a estray, and  
             that the Secretary of CDFA 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. 

          2. Provides requirements for handling, holding and disposal  
             or sale of dogs, cats and other animals, including  
             rabbits, guinea pigs, hamsters, potbellied pigs, birds,  
             lizards, snakes, turtles, or tortoises. 

           Comments

           Due to hard economic times, some animal owners can no  
          longer afford to feed or paddock their animals, so they  
          turn animals 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, eliminating that option for  
          disposal.  With limited alternatives for disposal of horses  

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          and limited funding to provide them proper care, they may  
          be turned loose and become a city's or county's problem. 

          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, this bill 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.

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

           SUPPORT  :   (Verified  4/20/10) (unable to reverify)

          California Agricultural Commissioners & Sealers Association  
          (source)
          Tehama County


           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Cook, Coto, De La Torre, De Leon, DeVore, Eng, Evans,  
            Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon, Davis,  
            Vacancy


          TSM:do  8/17/10   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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