BILL ANALYSIS Ó
AB 147
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Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
147 (Dababneh) - As Amended March 16, 2015
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Urgency: No State Mandated Local Program: No
Reimbursable: No
SUMMARY:
This bill:
AB 147
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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
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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.
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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
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