BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    SB 1176                   HEARING:  4/6/10
          AUTHOR:   Aanestad                    FISCAL:  Yes
          VERSION:  2/18/10                     CONSULTANT:  John Chandler  

          
                       Animals at large: estrays: estray laws.

          BACKGROUND AND EXISTING LAW

          Current law specifies that state law does not affect any local  
          laws or regulations regarding estrays where local laws or  
          regulations are in force with one exception.  Poundkeepers must  
          notify the California Department of Food and Agriculture  
          immediately after impounding any bovine animal, horse, mule, or  
          burro.  Upon receipt of the notice, CDFA will take possession of  
          any bovine animal.   

          Simpson v. City of Los Angeles (1953) 40 Cal.2d 271, 279-280  
          interpreted the right of local ordinances to specify procedures  
          for a poundkeeper that are different from those otherwise  
          specified in state estray laws.   

          PROPOSED LAW

          SB 1176  would do the following:

                 Add the term "public animal control agency or shelter"  
               when specifying that state law regarding estrays does not  
               apply within the limits of a city or county where laws  
               regarding estrays are already in force.

                 Clarify that ordinances regarding estrays are not  
               affected by state estray laws. 
             
                 Specify that poundkeepers may follow local ordinances  
               regarding the holding or disposal of horse, mule, or burro  
               estrays other than bovine animals.

          COMMENTS

          1.Proponents of SB 1176 state that existing law is outdated,  
            using antiquated terms that could lead to confusion.  The  
            modern terms "public animal control agency or shelter" and  
            "ordinance" are added as they are commonly used and understood  
            by modern readers and local agencies.  Further, SB 1176  
            addresses confusing language regarding what law governs the  




          SB 1176 - Page 2


            holding or disposal of larger animals such as horses, mules,  
            burros, or bovines by codifying that local ordinances and laws  
            govern holding and disposal of horses, mules, burros, and  
            other animals while CDFA would continue take possession of  
            bovine estrays.  


          SUPPORT
          
          California Agricultural Commissioners & Sealers Association
          Tehama County

          OPPOSITION
          
          None received