Amended in Senate June 18, 2015

Amended in Senate May 12, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 147

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 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 begin insert assesses the health of an animal and end insert determines, after the completion of any testing or research, that begin delete an end delete begin insert the animal is suitable for adoption, the end insert animal’s destruction is not begin delete required end delete begin insert required, end insert and the animal is no longer begin delete needed end delete begin insert needed, end insert 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) 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
begin insert assesses the health of an animal and end insert determines, after the
completion of any testing or research, that begin delete an end delete begin insert the animal is suitable
for adoption, the end insert animal’s destruction is not begin delete required end delete begin insert required, end insert
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 begin delete 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. end delete begin insert established for
purposes of rescuing animals in need and finding permanent,
adoptive homes for those animals and that maintain records
pursuant to Section 32003 of the Food and Agriculture Code. end insert

(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.