Bill Text: CA AB1363 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 1363 (Prior Session Legislation)

Bill Title: Animals: estrays: alpacas, llamas, and goats.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 444, Statutes of 2015. [AB1363 Detail]

Download: California-2015-AB1363-Chaptered.html

BILL NUMBER: AB 1363	CHAPTERED
	BILL TEXT

	CHAPTER  444
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2015
	APPROVED BY GOVERNOR  OCTOBER 2, 2015
	PASSED THE SENATE  SEPTEMBER 10, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  AUGUST 18, 2015
	AMENDED IN SENATE  JULY 14, 2015
	AMENDED IN ASSEMBLY  MAY 19, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

   An act to amend Sections 17001.5, 17002, and 17003 of the Food and
Agricultural Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1363, Salas. Animals: estrays: alpacas, llamas, and goats.
   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 alpaca, llama, or goat
within that definition of "estray," and would require that any animal
that is seized by, or comes into the possession of, an inspector
pursuant to those provisions be managed, rather than disposed of, in
accordance with the specified requirements. The inclusion of alpacas,
llamas, and goats within the definition of "estray" would expand the
definition of a crime, thereby imposing a state-mandated local
program.
   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.
   This bill would also make that notification requirement applicable
to the impounding of sheep, swine, alpacas, llamas, or goats.
   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.


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

  SECTION 1.  Section 17001.5 of the Food and Agricultural Code is
amended to read:
   17001.5.  For the purpose of this chapter, "estray" means any
impounded or seized bovine animal, horse, mule, sheep, swine, burro,
alpaca, llama, or goat whose owner is unknown or cannot be located.
  SEC. 2.  Section 17002 of the Food and Agricultural Code is amended
to read:
   17002.  Any animal that is seized by, or comes into the possession
of, an inspector pursuant to this part shall be managed pursuant to
this chapter.
  SEC. 3.  Section 17003 of the Food and Agricultural Code is amended
to read:
   17003.  (a) Except as provided in this section, this chapter does
not affect any law, ordinance, or regulation regarding estrays, the
poundkeeper, or 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.
   (b) Upon the impounding of any bovine animal, horse, mule, sheep,
swine, burro, alpaca, llama, or goat, the poundkeeper, 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 manage it
pursuant to this chapter.
   (c) Any city, county, or city and county that establishes or has
established laws, ordinances, or regulations regarding estrays, may
opt to follow those laws, ordinances, or regulations instead of this
chapter in the handling of estrays that are not bovine animals in
accordance with the applicable laws, ordinances, or regulations of
the city, county, or city and county.
   (d) This section does not authorize any act that violates Section
597 of the Penal Code.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.