California Senate Bill SB1176 Introduced / Bill

 BILL NUMBER: SB 1176INTRODUCED 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.