BILL NUMBER: SB 1176	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 18, 2010

   An act to amend Section 17003 of the Food and Agricultural Code,
relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1176, as introduced, Aanestad. Animals at large: estrays:
estray laws.
   Existing law provides that, except as specified, state provisions
relating to estrays, as defined, do not affect any law or regulation
regarding estrays, the poundkeeper, or the other pound officer within
the limits of any city or county where laws regarding estrays are in
force.
   This bill, instead, would provide that, except as specified, state
provisions relating to estrays do not affect any law, ordinance, or
regulation regarding estrays, the poundkeeper, or the other pound
officer, or a public animal control agency or shelter within the
limits of any city or county where such laws, ordinances, or
regulations are in force.
   Existing law requires the poundkeeper or other pound officer to
immediately notify the Secretary of Food and Agriculture upon the
impounding of any bovine animal, horse, mule, or burro.
   This bill would also require a public animal control agency or
shelter to immediately notify the secretary upon the impounding of
any of those animals. By imposing new duties on local agencies, the
bill would impose a state-mandated local program.
   This bill would authorize the poundkeeper, other pound officer, or
a public animal control agency or shelter to hold and dispose of any
horse, mule, burro, or other animal that is not a bovine animal in
accordance with the applicable ordinances of the city or county.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17003 of the Food and Agricultural Code is
amended to read:
   17003.   Except   (a)    
Except  as provided in this section, this chapter does not
affect any law  , ordinance,  or regulation regarding
estrays, the poundkeeper, or the other pound officer  , or a
public animal control agency or shelter  within the limits of
any city or county where  laws regarding estrays 
 such laws, ordinances, or regulations  are in force.

   Upon 
    (b)     Upon  the impounding of any
bovine animal, horse, mule, or burro, the poundkeeper  or
  ,  other pound officer  , or public animal
control agency or shelter  shall immediately notify the
secretary. Upon receipt of that notice, the secretary shall take
possession of any bovine animal and shall dispose of it pursuant to
this chapter.  Notwithstanding any other provision of this
chapter, the poundkeeper, other pound officer, or a public animal
control agency or shelter may hold and dispose of any horse, mule,
burro, or other animal that is not a bovine animal in accordance with
the applicable ordinances of the city or county.  
   This 
    (c)     This  section does not
authorize any act that violates Section 597 of the Penal Code.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.