BILL NUMBER: AB 147 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 12, 2015
AMENDED IN ASSEMBLY MARCH 16, 2015
INTRODUCED BY Assembly Member Dababneh
(Principal coauthor: Assembly Member Waldron)
(Coauthors: Assembly Members Bloom, Bonta, 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 require any a 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:
SECTION 1. Section 66017.7 is added to the Education Code, to
read:
66017.7. (a) Any A public
postsecondary educational institution or independent institution of
higher education, or employee or student thereof, that confines dogs
or cats for the purposes set forth in Section 1650 of the Health and
Safety Code, 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, shall offer the dogs or cats to an animal adoption
organization or animal rescue organization for adoption prior to
euthanizing those animals. A public postsecondary educational
institution or independent institution of higher education that is
required to offer dogs or cats to an animal adoption organization or
animal rescue organization under this section may enter into an
agreement with an animal adoption organization or animal rescue
organization for the implementation of this section.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Animal adoption organization" or "animal rescue organization"
means a not-for-profit entity that is exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code 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.
(2) "Independent institution of higher education" means a
nonpublic educational institution as defined in subdivision (b) of
Section 66010.
(3) "Public postsecondary educational institution" means any
campus of the University of California, the California State
University, or the California Community Colleges.
(c) This section does not apply to animals within the meaning of
Section 17006 of the Food and Agricultural Code.