BILL NUMBER: SB 338 CHAPTERED 08/06/01 CHAPTER 139 FILED WITH SECRETARY OF STATE AUGUST 6, 2001 APPROVED BY GOVERNOR AUGUST 6, 2001 PASSED THE ASSEMBLY JULY 20, 2001 PASSED THE SENATE MAY 7, 2001 AMENDED IN SENATE APRIL 17, 2001 AMENDED IN SENATE MARCH 28, 2001 INTRODUCED BY Senator Vincent FEBRUARY 20, 2001 An act to amend Section 1834.7 of the Civil Code, relating to animal research. LEGISLATIVE COUNSEL'S DIGEST SB 338, Vincent. Animals: use for research purposes. Existing law requires pounds and animal regulation departments that give animals to research facilities to post a sign, visible to the public, that animals brought to the shelter may be used for research purposes. This bill would additionally require the above sign to state that animals within the shelter may also be used to supply blood, tissue, or other biological products. The bill would further require the inclusion of the above statement on the owner surrender forms of these agencies, and would become operative on July 1, 2002. By increasing the duties of pounds and animal regulation departments, this bill would create a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1834.7 of the Civil Code is amended to read: 1834.7. (a) In any pound or animal regulation department of a public or private agency where animals are turned over dead or alive to a biological supply facility or a research facility, a sign (measuring a minimum of 28 x 21 cm--11 x 81/2 inches--with lettering of a minimum of 3.2 cm high and 1.2 cm wide--11/4 x 1/2 inch--(91 point)) stating: "Animals Turned In To This Shelter May Be Used For Research Purposes or to Supply Blood, Tissue, or Other Biological Products" shall be posted in a place where it will be clearly visible to a majority of persons when turning animals over to the shelter. This statement shall also be included on owner surrender forms. The owner surrender forms shall also include the definition of "biological supply facility" contained in subdivision (c). (b) For purposes of this section, "animal research facility" includes any laboratory, firm, association, corporation, copartnership, and educational institution. (c) For purposes of this section, "biological supply facility" includes any blood bank, laboratory, firm, association, corporation, copartnership, or educational institution that sells biological materials such as blood or animals, either alive or dead, to research facilities, educational institutions, or veterinarians. SEC. 2. This act shall become operative on July 1, 2002. SEC. 3. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.