BILL ANALYSIS Ó
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1363 Hearing Date: 7/7/15
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|Author: |Salas |
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|Version: |5/19/15 Amended |
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|Urgency: |No | Fiscal: |Yes |
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|Consultant:|Anne Megaro |
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Subject: Animals: estrays: livestock animals.
SUMMARY :
This bill would add "all livestock animals" to the definition of
"estray"; adds "sheep, swine, or other livestock animal" to the
list of animals that require a pound keeper or public animal
control agency or shelter to immediately notify the secretary of
the California Department of Food and Agriculture (CDFA) upon
impoundment; and requires CDFA to take possession of that
animal.
BACKGROUND AND EXISTING
LAW :
Existing law:
1) Defines "estray" to mean any impounded or seized bovine
animal, horse, mule, sheep, swine, or burro whose owner is
unknown or cannot be located.
2) Requires any person who seizes an estray animal to
immediately notify CDFA with a description of the animal,
any brands or markings, approximated animal value, and the
date and location where the animal was found and the
location where the animal is now confined.
3) Requires the pound keeper or public animal control
agency or shelter to immediately notify CDFA of any
impounded bovine animal, horse, mule or burro and, upon
receipt of that notice, requires CDFA to take possession of
AB 1363 (Salas) Page 2 of ?
that animal.
4) Requires CDFA to take specified measures to find and
notify the owner of any impounded estray animal, including
searching brand records and posting a description of the
animal in the classified section of livestock industry
publications.
5) Authorizes CDFA, after 14 days from the date of first
notice, to sell any estray animal for which the owner
cannot be located, ownership cannot be proven, or the owner
fails to pay all incurred expenses.
6) Authorizes local governments to follow local laws,
ordinances, and regulations instead of state law regarding
the handling of estray animals that are not bovine animals.
PROPOSED
LAW :
This bill:
1) Adds "all livestock animals" to the definition of
"estray."
2) Adds "sheep, swine, or other livestock animal" to the
list of animals that require a pound keeper or public
animal control agency or shelter to immediately notify CDFA
upon impoundment, and requires CDFA to take possession of
that animal.
ARGUMENTS IN SUPPORT:
According to the author, "Assembly Bill 1363 expands the
definition of "estray" to include all livestock, and would
require that any animal that is seized by, or comes into the
possession of, an inspector be managed in accordance with
existing regulations. This bill better reflects additional
livestock popular with California farmers, ranchers, and
landowners. Although the variety of livestock has increased,
regulations for the management and care of strayed farm animals
have not been expanded to protect all livestock."
COMMENTS :
AB 1363 (Salas) Page 3 of ?
Alpacas, goats, and llamas. According to the 2012 U.S.
Department of Agriculture Census, California had a total of
140,042 goats living on 4,470 individual farms; 7,229 alpacas on
468 farms; and 3,824 llamas on 763 farms. California is ranked
second in the nation for the highest number of goats and fifth
for both alpacas and llamas.
All livestock animals. It is unclear what additional animals
would be included in the term "all livestock animals." Within
other chapters of this division, "livestock" is defined to
include "any cattle, sheep, swine, goat, or any horse, mule or
other equine." The author has provided the committee with
information on the growing number of goats and alpacas; however,
"livestock" could potentially be construed to also include
poultry, llamas, pet farm animals, and other specialty animals.
If there is concern as to estray alpacas and goats specifically,
the committee may wish to consider whether this bill should be
more narrowly tailored to add only goats and alpacas rather than
all livestock animals.
RELATED
LEGISLATION :
SB 1176 (Aanestad), Chapter 325, Statutes of 2010. Clarifies
that local governments may follow local laws, ordinances, and
regulations instead of state law regarding the handling of
estray animals that are not bovine animals.
PRIOR
ACTIONS :
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|Assembly Floor: |75 - 0 |
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|Assembly Appropriations Committee: |17 - 0 |
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|Assembly Agriculture Committee: |9 - 0 |
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SUPPORT :
Association of California Egg Farmers
California Grain and Feed Association
AB 1363 (Salas) Page 4 of ?
OPPOSITION :
None received
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