Amended in Assembly May 19, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1363


Introduced by Assembly Member Salas

February 27, 2015


An act to amend Sectionsbegin delete 17001.5 and 17002end deletebegin insert 17001.5, 17002, and 17003end insert of the Food and Agricultural Code, relating to animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 1363, as amended, Salas. Animals: estrays: livestock animals.

Existing law prescribes requirements for the seizure, management, and care of estrays. Existing law, for purposes of those provisions, defines “estray” to mean any impounded or seized bovine animal, horse, mule, sheep, swine, or burro whose owner is unknown or cannot be located. Existing law requires that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions, be disposed of in accordance with specified requirements. Existing law makes it a misdemeanor to violate specified provisions in the Food and Agricultural Code governing the care and treatment of animals, including estrays.

This bill would additionally include any other livestock animal within that definition of “estray,” and would instead require that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions be managed in accordance with specified requirements. The inclusion of other livestock animals within the definition of “estray” would expand the definition of a crime, thereby imposing a state-mandated local program.

begin insert

Existing law requires the poundkeeper, other pound officer, or public animal control agency or shelter to immediately notify the Secretary of Food and Agriculture, upon the impounding of any bovine animal, horse, mule, or burro.

end insert
begin insert

This bill would also make that notification requirement applicable to the impounding of sheep, swine, or other livestock animal.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 17001.5 of the Food and Agricultural
2Code
is amended to read:

3

17001.5.  

For the purpose of this chapter, “estray” means any
4impounded or seized bovine animal, horse, mule, sheep, swine,
5burro, or other livestock animal whose owner is unknown or cannot
6be located.

7

SEC. 2.  

Section 17002 of the Food and Agricultural Code is
8amended to read:

9

17002.  

Any animal that is seized by, or comes into the
10possession of, an inspector pursuant to this part shall be managed
11pursuant to this chapter.

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 17003 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
13amended to read:end insert

14

17003.  

(a) Except as provided in this section, this chapter does
15not affect any law, ordinance, or regulation regarding estrays, the
16poundkeeper, or other pound officer, or a public animal control
17agency or shelter within the limits of any city or county where
18such laws, ordinances, or regulations are in force.

19(b) Upon the impounding of any bovine animal, horse, mule,
20begin delete orend deletebegin insert sheep, swine,end insert burro, begin insertor other livestock animal, end insertthe poundkeeper,
21other pound officer, or public animal control agency or shelter
22shall immediately notify the secretary. Upon receipt of that notice,
23the secretary shall take possession of any bovine animal and shall
24dispose of it pursuant to this chapter.

P3    1(c) Any city, county, or city and county that establishes or has
2established laws, ordinances, or regulations regarding estrays, may
3opt to follow those laws, ordinances, or regulations instead of this
4chapter in the handling of estrays that are not bovine animals in
5accordance with the applicable laws, ordinances, or regulations of
6the city, county, or city and county.

7(d) This section does not authorize any act that violates Section
8597 of the Penal Code.

9

begin deleteSEC. 3.end delete
10begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



O

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