BILL ANALYSIS Ó
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|Hearing Date:June 13, 2011 |Bill No:AB |
| |1279 |
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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)
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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)
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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.
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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."
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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