Amended in Senate May 12, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 147


Introduced by Assembly Member Dababneh

(Principal coauthor: Assembly Member Waldron)

(Coauthors: Assembly Members Bloom,begin insert Bonta,end insert Linder, Mullin, Wilk, and Williams)

(Coauthor: Senator Leno)

January 15, 2015


An act to add Section 66017.7 to the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 147, as amended, Dababneh. Postsecondary education: animal research.

Existing law establishes a state policy that no adoptable animal should be euthanized if it can be adopted into a suitable home.

Existing law authorizes the State Department of Public Health to prescribe rules under which approval shall be granted to persons who wish to keep or use animals for diagnostic purposes, education, or research. Existing law authorizes the State Department of Public Health to make, promulgate, modify, amend, or rescind reasonable rules and regulations relating to the use of animals in diagnostic procedures and medical research. A person who violates these provisions is guilty of a misdemeanor.

Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, and independent institutions of higher education, as defined.

This bill would requirebegin delete anyend deletebegin insert aend insert campus of the University of California, the California State University, or the California Community Colleges, or an independent institution of higher education, as defined, or an employee or student thereof, that confines dogs or cats for science or research purposes, if the institution determines, after the completion of any testing or research, that an animal’s destruction is not required and the animal is no longer needed and if the institution’s existing procedures for adopting the animal do not result in an adoption, to offer the dog or cat to an animal adoption organization or animal rescue organization, as defined, prior to euthanizing the animal. The bill would not apply to animals suffering from a serious illness or severe injury, or to newborn animals that need maternal care and have been impounded without their mothers.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 66017.7 is added to the Education Code,
2to read:

3

66017.7.  

(a) begin deleteAny end deletebegin insertA end insertpublic postsecondary educational
4institution or independent institution of higher education, or
5employee or student thereof, that confines dogs or cats for the
6purposes set forth in Section 1650 of the Health and Safety Code,
7if the institution determines, after the completion of any testing or
8research, that an animal’s destruction is not required and the animal
9is no longer needed, and if the institution’s existing procedures for
10adopting the animal do not result in an adoption, shall offer the
11dogs or cats to an animal adoption organization or animal rescue
12organization for adoption prior to euthanizing those animals. A
13public postsecondary educational institution or independent
14institution of higher education that is required to offer dogs or cats
15to an animal adoption organization or animal rescue organization
16under this section may enter into an agreement with an animal
17adoption organization or animal rescue organization for the
18implementation of this section.

19(b) For purposes of this section, the following definitions shall
20apply:

P3    1(1) “Animal adoption organization” or “animal rescue
2organization” means a not-for-profit entity that is exempt from
3taxation pursuant to Section 501(c)(3) of the Internal Revenue
4Code or a collaboration of individuals, with at least one of its
5purposes being the sale or placement of animals that have been
6removed from a public animal control agency or shelter, society
7for the prevention of cruelty to animals shelter, or humane shelter,
8or that have been previously owned by any person.

9(2) “Independent institution of higher education” means a
10nonpublic educational institution as defined in subdivision (b) of
11Section 66010.

12(3) “Public postsecondary educational institution” means any
13campus of the University of California, the California State
14University, or the California Community Colleges.

15(c) This section does not apply to animals within the meaning
16of Section 17006 of the Food and Agricultural Code.



O

    97