BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1279|
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CONSENT
Bill No: AB 1279
Author: Fletcher (R)
Amended: As introduced
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 8-0,
6/13/11
AYES: Price, Emmerson, Corbett, Hernandez, Negrete McLeod,
Vargas, Walters, Wyland
NO VOTE RECORDED: Correa
ASSEMBLY FLOOR : 70-0, 5/12/11 - See last page for vote
SUBJECT : Animal shelters
SOURCE : San Diego Humane Society
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1. Allows for employees of animal shelters to euthanize
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sick, injured, homeless or "unwanted" pets or animals
without the presence of a veterinarian if they have
received proper training. (Business and Professions
Code ÝBPC] Section 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 ÝCC] Sections 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 Sections
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 ÝFAC] Section 17003)
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. (FAC Section 31607)
6. Specifies the procedures for the chief officer of the
public "pound" to have a dog declared as potentially
dangerous or vicious. (FAC Sections 31621,31622)
7. Requires all public "pounds" to provide owners of lost
animals and those who find lost animals with specified
information. (FAC Section 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. (FAC Section 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
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Safety Code ÝHSC] Section 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. (HSC Section 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 ÝPC] Section 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 Sections
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 Section
597.2)
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 Section 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 Sections
597u, 597v)
16.Permits an animal to be killed upon order of a
veterinarian who is an employee of a "pound" or animal
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regulation department or upon order of the court and if
the owner does not comply is guilty of a misdemeanor.
(PC Section 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 : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/13/11)
San Diego Humane Society (source)
Humane Society of the United States
Lake Tahoe Humane Society and SPCA
Paw PAC
Santa Cruz SPCA
Solano County Animal Care Service
ARGUMENTS IN SUPPORT : 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.
The author argues that this bill is a common sense measure
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which will help California law reflect the commitment and
compassion with which our state's animal shelter staff care
for our homeless pets. It removes 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
Arguments in Support. According to the San Diego Humane
Society (SDHS), the sponsor of this bill, 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."
ASSEMBLY FLOOR : 70-0, 5/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
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JJA:kc 6/14/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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