BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date:June 13, 2011 |Bill No:AB | | |1279 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Curren D. Price, Jr., Chair Bill No: AB 1279Author:Fletcher As Introduced: February 18, 2011 Fiscal: No SUBJECT: Animal shelters. SUMMARY: Changes and deletes obsolete terminology in provisions of the Business and Professions Code, the Civil Code, the Food and Agriculture Code, the Health and Safety Code and the Penal Code dealing with the seizure, impounding, rescue, adoption, and euthanasia of abandoned and surrendered animals by animal shelters and rescue organizations. Existing law: 1)Allows for employees of animal shelters to euthanize sick, injured, homeless or " unwanted " pets or animals without the presence of a veterinarian if they have received proper training. (Business and Professions Code (BPC) § 4827) 2)Provides for requirements for the use of animals for scientific or any other type of experimentation of abandoned animals turned over to a " pound " or other animal regulation department of a public agency. (Civil Code (CC) §§ 1834.6, 1834.7) 3)Provides for requirements for the deposit and storage of a living animal at a depository designate as a " pound " or shelter operated by a humane society. (CC §§ 1846, 1847) 4)Provides for requirements for the impounding of stray animals which includes a bovine animal, horse, mule, sheep, swine or burrow, and responsibilities of the " poundkeeper " and " pound officer ." (Food and Agriculture Code (F&A Code) § 17003) AB 1279 Page 2 5)Defines "impounded" as the means taken into custody of the public " pound " or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found. (F&A Code § 31607) 6)Specifies the procedures for the chief officer of the public " pound " to have a dog declared as potentially dangerous or vicious. (F&A Code §§ 31621,31622) 7)Requires all public " pounds " to provide owners of lost animals and those who find lost animals with specified information. (F&A Code § 32001) 8)Requires all public " pounds " to keep accurate records on each animal taken up, medically treated, or impounded, and specifies what information the records should include. (F&A Code § 32003) 9)Provides that any owner of an attack, guard or sentry dog business shall obtain a permit from the local public agency or private society or " pound ." (Health and Safety Code (H&S Code) § 121916) 10)Prohibits the seizure of an unweaned bird by a peace officer, officer of a humane society, or officer of a " pound " or animal regulation department of a public agency. (H&S Code § 122322) 11)Provides that all animals lawfully seized or impounded with respect to an act of animal cruelty by a peace officer, officer of humane society, or officer of a " pound " or animal regulation department of a public agency shall be adjudged by the court to be forfeited and be awarded to the impounding officer for disposition. (Penal Code (PC) § 597) 12)Provides that every sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned may be " killed " by the peace officer, humane society officer, or animal control officer if, after a reasonable search, no owner of the animal can be found, and provides for other circumstances under which a dog or cat may be " killed, " or " destroyed " or " disposed of ." (PC §§ 597.1, 597f) 13)Specifies the care and treatment actions which should be taken by a " pound ," humane society, or an animal regulation as it pertains to the abandonment or voluntary relinquishment of an equine. (PC § 597.2) AB 1279 Page 3 14)Provides that any person who impounds, or causes to be impounded in any " pound ," any domestic animal, shall supply it with sufficient quantity of good and wholesome food or water, and in default thereof is guilty of a misdemeanor. (PC § 597e) 15)Provides that no person, peace officer, officer of a humane society, or officer of a " pound " shall kill any animal using such methods as carbon monoxide gas, decompression chamber or nitrogen gas. (PC §§ 597u, 597v) 16)Permits an animal to be killed upon order of a veterinarian who is an employee of a " pound " or animal regulation department or upon order of the court and if the owner does not comply is guilty of a misdemeanor. (PC § 599e) This bill: 1) Replaces the term "unwanted" with "surrendered." 2) Replaces the term "pound" with "animal shelter." 3) Replaces the term "poundkeeper" with "shelter director." 4) Replaces the term "pound officer" with "animal control officer." 5) Replaces the term "kill," "destroy," and "dispose of" or "disposed" with "humanely euthanize." 6) Makes other technical and non-substantive changes. FISCAL EFFECT: None. This bill is keyed "non-fiscal" by Legislative Counsel. COMMENTS: 1. Purpose. According to the Author, California state law currently contains old-fashioned and offensive terminology to describe the work done by the state's animal shelter workers. The words "pound" and "destroy" reflect the poor conditions and unpleasant tasks shelters were faced with in the earlier part of the twentieth century, as well as their emphasis on animal control. Modern animal shelters are tasked with caring for homeless, injured, and sick animals, with an emphasis on healing and finding homes for animals. AB 1279 Page 4 The Author argues that this bill is a common sense measure which will help California law reflect the commitment and compassion with which our state's animal shelter staff care for our homeless pets. It would remove the word "destroy" or "kill" in reference to euthanizing a sick or injured animal, as well as replacing the word "pound" with "animal shelter." The Author further explains that California's animal shelter personnel provide essential life-saving services to the animals most in-need. Removing the antiquated and unsettling terms from statute is the least we can do to show our support to these courageous employees and volunteers 2. Arguments in Support. According to the San Diego Humane Society (SDHS), the Sponsors of this measure, this bill is critically important in bringing respect to the life of animals and in recognizing and appropriately placing value on the work done every day by animal shelter employees and volunteers throughout the state of California. The SDHS believes that words like "pound" and "destroy" are simply outdated and do not reflect the many advances made in animal welfare. In particular, the work "destroy" is typically used when referring to inanimate objects, not precious life. "The bottom line is the better the image we as animal welfare advocates can create, the greater the support we can generate for our work." This measure is also supported by the Humane Society of the United States , Lake Tahoe Humane Society and SPCA , the Santa Cruz SPCA , the Solano County Animal Care Service and various members of humane societies such as the Haven Human Society and the Inland Valley Humane Society . They all indicated that California law uses the term "pound" in twenty five different places when referring to animal shelters and their operations. This outdated term does not reflect the balance that communities and organizations strive for between animal control and animal care efforts. They argue that California animal shelters provide essential life-saving services that the word "pound" does not adequately encompass. Similarly, California laws referring to euthanasia in cases of dire animal suffering as "destroying" an animal are also outmoded. The proponents further argue that by correcting these terms it reinforces the state's commitment to the humane handling and treatment of animals in distress. "While there is no fiscal impact associated with this legislation, the suggested changes will have a lasting impact for the future of animals and animal welfare." AB 1279 Page 5 SUPPORT AND OPPOSITION: Support: San Diego Humane Society (Sponsor) Humane Society of the United States Lake Tahoe Humane Society and SPCA Paw PAC Santa Cruz SPCA Solano County Animal Care Service Various members of Haven Human Society and the Inland Valley Humane Society Opposition: None on file as of June 8, 2011. Consultant:Bill Gage