BILL ANALYSIS Ó AB 147 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 147 (Dababneh) - As Amended March 16, 2015 ----------------------------------------------------------------- |Policy |Higher Education |Vote:|11 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY: This bill: AB 147 Page 2 1) Requires any public postsecondary educational institution or independent institution of higher education (institution) that confines dogs or cats for the purposes of research, 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 adoption, to offer the animal to an animal adoption organization or animal rescue organization prior to euthanasia. 2) Authorizes an institution that is required to offer dogs or cats to an animal adoption organization or animal rescue organization to enter into an agreement with these entities, as specified. 3) Specifies that the requirements in (1) do not apply to animals irremediably suffering from a serious illness or severe injury and newborn animals that need maternal care and have been impounded without their mothers. FISCAL EFFECT: Since all universities affected by the bill appear to have existing policies and procedures in place for adoption of research animals, costs to offer animals to an adoption or rescue organization are likely minor. COMMENTS: 1)Purpose. According to the author, 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 AB 147 Page 3 has ended. This bill is intended to facilitate a relationship between 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. 2)Background. The federal Animal Welfare Act (AWA) is intended to ensure the humane treatment of animals intended for research, bred for commercial 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. In addition, 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. The majority of institutions of higher education appear to have policies and procedures in place with regard to the adoption of research animals. The University of California (UC) issued systemwide guidance on the adoption of research dogs and cats in August of 2014. The UC notes that several campuses also have "direct adoption" policies where the individual campus manages the adoption process. The California State University (CSU) does not currently have any research activities involving dogs and cats on any of its campuses, but several of its campuses have adoption policies in place. Most of the 112 California Community Colleges (CCCs) that have animals on its campuses are used for teaching, not research purposes and have adoption policies in place. The few CCCs that are involved in animal research also have adoption policies in place and adhere to the strict USDA guidelines. The Association of Independent California Colleges and Universities (AICCU) indicates independent California institutions of higher learning that have research dogs and cats have individual adoption policies in place and have been successful in their adoptions of approved dogs and cats. AB 147 Page 4 3)Opposition. The AICCU, the California Biomedical Research Association, Stanford University, and the University of Southern California (USC) oppose the bill and note the federal government has established an extensive regulatory framework, administered by the USDA, that highly regulates the use and role of animals in research. The University of California also raises concerns of legal cause of action against scientists, veterinarians and UC if determinations of adoptability are later disputed. It should be noted, however, that the bill's only mandate - to contact an adoption organization if an institution's existing procedures fail to result in adoption - is in effect following the institution's determination that euthanasia is not required. 4)Prior Legislation. AB 2431 (Dababneh) of 2014 was similar to this bill. AB 2431 was never heard by this committee. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081 AB 147 Page 5