BILL ANALYSIS Ó
AB 2431
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 2431 (Dababneh) - As Introduced: February 21, 2014
SUBJECT : Postsecondary education: animal research.
SUMMARY : Requires any public postsecondary educational
institution, or independent institution of higher education as
defined, that confines dogs or cats for science research, and
purposes and intends to destroy the dog or cat used for those
purposes, to first offer the dog or cat to an animal adoption or
rescue organization, as defined. Specifically, this bill :
1)Requires any public postsecondary educational institution or
independent institution of higher education, or employee or
student thereof, that confines dogs or cats for the purposes
of research (as defined in the Health and Safety Code Section
1650), and intends to destroy a dog or cat that has been used
for those purposes, to first offer the dog or cat to an animal
adoption organization or animal rescue organization.
2)Defines the following terms:
a) "Animal adoption organization" or "animal rescue
organization" to mean a not-for-profit entity that is
exempt from taxation pursuant to the Internal Revenue Code
Section 501(c)(3), or a collaboration of individuals with
at least one of its purposes being the sale or placement of
animals that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to
animals shelter, or humane shelter, or that have been
previously owned by any person;
b) "Independent institution of higher education" to mean a
nonpublic educational institution as defined; and,
c) "Public postsecondary educational institution" to mean
any campus of the University of California (UC), the
California State University (CSU), or the California
Community Colleges.
3)Specifies that animals that are irremediably suffering from a
serious illness or severe injury shall not be held for owner
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redemption or adoption and that newborn animals that need
maternal care and have been impounded without their mothers
may be euthanized without being held for owner redemption or
adoption.
EXISTING LAW :
1)Specifies that public health and welfare depend on the humane
use of animals for scientific advancement in the diagnosis and
treatment of human and animal diseases, for education, for
research in the advancement of veterinary, dental, medical and
biologic sciences, for research in animal and human nutrition,
and improvement and standardization of laboratory procedures
of biologic products, pharmaceuticals, and drugs (Health and
Safety Code § 1650).
2)Declares the following policies of the state:
a) No adoptable animal should be euthanized if it can be
adopted into a suitable home. Adoptable animals include
only those animals eight weeks of age or older that, at or
subsequent to the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health
or safety risk or otherwise make the animal unsuitable for
placement as a pet, and have manifested no sign of disease,
injury, or congenital or hereditary condition that
adversely affects the health of the animal or that is
likely to adversely affect the animal's health in the
future; and,
b) No treatable animal should be euthanized. A treatable
animal shall include any animal that is not adoptable but
that could become adoptable with reasonable efforts (Food
and Agricultural Code (FAC) § 17005).
3)Specifies that animals that are irremediably suffering from a
serious illness or severe injury shall not be held for owner
redemption or adoption (FAC § 17006).
FISCAL EFFECT : Unknown
COMMENTS : Background . The Animal Welfare Act (AWA; 7 U.S.C.
2131 et seq.) is intended to ensure the humane treatment of
animals that are intended for research, bred for commercial
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sale, exhibited to the public, or commercially transported.
Under the AWA, businesses and others with animals covered by the
law must be licensed or registered, and they must adhere to
minimum standards of care. The U.S. Department of Agriculture's
(USDA's) Animal and Plant Health Inspection Service (APHIS)
administers the AWA.
The Act applies to any live or dead dog, cat, nonhuman primate,
guinea pig, hamster, rabbit, or other warm-blooded animal
determined by the Secretary of Agriculture to be for research or
exhibition, or used as a pet. Additionally, the AWA mandates
that all research facilities must be registered with the USDA's
APHIS. To note, research facilities include state and local
government-run research institutions, drug firms, universities,
diagnostic laboratories, and facilities that study marine
mammals. Lastly, all research universities in the state,
(public and private), are accredited by the Association for
Assessment and Accreditation of Laboratory Animal Care
International (AAALAC) and are subject to additional standards
that go above the regulatory requirements.
Purpose of this bill . According to the author, this measure
seeks to provide for an opportunity for Californians to adopt
dogs and cats from research, teaching, and veterinary
laboratories in California's postsecondary institutions of
higher learning. The bill would facilitate a relationship
between these universities and non-profit animal rescue
organizations so that when a dog or cat is no longer needed by
the laboratory and need not be euthanized to fulfill the objects
of the research, that animal be given a chance at adoption
instead of being summarily euthanized. The author contends
that, "Current federal, state, and educational-institutional
policies and regulations covering animals in research provide
for every aspect of the animals life from bedding, water access,
enrichment, food, pain management, and method of euthanasia, but
there exists no guidelines on what to do with the animals once
the research has ended. When the research test, procedure, or
teaching exercise is over it is up to the discretion of the
individual laboratory as to whether they will attempt to place
the animal up for public adoption. Current law provides for no
standard in identifying opportunities to provide for a humane
post-research life and the mechanism to do so."
To note, it appears that some of the research universities in
the state have voluntary internal adoption policies in place,
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but it is unclear to the extent that all of the research
universities have policies in place.
California statistics . Based on 2013 data from the USDA's
APHIS, presently, 59% of the dogs and 67% of cats involved in
medical research in California would be covered by this bill.
According to the National Institutes of Health (NIH), in 2013,
California received more grant funding from NIH (for animal
research), than any other state. California was awarded grants
totaling more than $3.3 billion. To note, four of the top 15
U.S.-wide NIH awardees in 2013 were California universities:
University of California (UC) San Francisco; UC San Diego; UCLA;
and, Stanford University.
Efforts by other states . Currently, based on information
provided by the author, the states of Nevada, Connecticut, and
New York have plans to introduce legislation similar to this
measure during their 2014 and 2015 Legislative Sessions.
Additionally, on March 20, 2014, House File 3234 (State of
Minnesota) (which is similar to this measure) was introduced and
is currently going through the Legislative Process.
Arguments in support . According to the Beagle Freedom Project,
although some universities have internal adoption polices in
place, they are doing so on a voluntary basis. The Beagle
Freedom Project argues, "Giving these animals, if healthy and no
longer needed for research or post-research purposes, a chance
at a family life, should not be discretionary for tax-payer
funded institutions. The fact that some of these research
facilities state that they have an internal policy in place does
not negate the need for a unified, standard, and permanent
model."
The American Society for the Prevention of Cruelty to Animals
contends that this measure takes a logical step in helping to
improve the outcomes of theses cats and dogs "subjected to
testing".
Arguments in opposition . According to the UC, "The University
supports the adoption of dogs and cats used in research when
those animals have been deemed suitable for adoption by the
expert evaluation of our campus researchers and veterinarians."
The UC argues that this measure fails to address the complex
human health and safety considerations and related costs that
must be contemplated before adoption of research dogs and cats.
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The California Biomedical Research Association (CBRA) argues
that implementation of this bill will not substantially increase
the numbers of research animals adopted instead of euthanized.
The CBRA contends that this measure will negatively impact the
process of medical research and discovery in California.
Committee consideration . California universities that conduct
research on dogs and cats have researchers and laboratory
veterinarians that use their best judgment in determining if a
dog or cat is adoptable. If the research universities are
required to adopt research dogs and cats, that may take away the
institutions' ability to use their best judgment, and, therefore
create a liability risk for their researchers and universities.
Staff recommends that the author consider amending the measure
to address liability concerns. The author may wish to specify
in the measure that a research university that is required to
attempt to adopt out research dogs or cats to an animal adoption
or rescue organization, may enter into a binding agreement or
contract; specifying that the agreement or contract entered into
with the organization, will transfer any liability from the
research university to the adoption or rescue organization.
REGISTERED SUPPORT / OPPOSITION :
Support
American Society for the Prevention of Cruelty to Animals
(ASPCA)
Beagle Freedom Project
Best Friends Animal Society
Mary S. Roberts Pet Adoption Center
Molly's Mutts & Meows
Pasadena Humane Society & Society for the Prevention of Cruelty
to Animals
Sacramento Society for the Prevention of Cruelty to Animals
(SPCA)
Tails of the City Animal Rescue
The Amanda Foundation
The Humane Society of the United States
The Rescue Train
6094 Individuals
Opposition
AB 2431
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Association of Independent California Colleges and Universities
California Biomedical Research Association
Stanford University
University of California
University of Southern California
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960