BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 147


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          ASSEMBLY THIRD READING


          AB  
          147 (Dababneh)


          As Amended  March 16, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Higher          |11-1  |Baker, Bloom,       |Harper              |
          |Education       |      |Chávez, Irwin,      |                    |
          |                |      |Jones-Sawyer,       |                    |
          |                |      |Levine, Linder,     |                    |
          |                |      |Low, Santiago,      |                    |
          |                |      |Weber, Williams     |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Appropriations  |16-0  |Gomez, Bigelow,     |                    |
          |                |      |Bonilla, Bonta,     |                    |
          |                |      |Calderon, Chang,    |                    |
          |                |      |Daly, Eduardo       |                    |
          |                |      |Garcia, Eggman,     |                    |
          |                |      |Gallagher, Holden,  |                    |
          |                |      |Quirk, Rendon,      |                    |
          |                |      |Wagner, Weber, Wood |                    |
          |                |      |                    |                    |
           ----------------------------------------------------------------- 


          SUMMARY:  Requires any public postsecondary educational  








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          institution, or independent institution of higher education as  
          defined, that confines dogs or cats for science or research  
          purposes and intends to destroy the dog or cat used for those  
          purposes, to first offer the dog or cat to an animal adoption or  
          rescue organization, as defined.  Specifically, this bill:  
          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) above 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.  


          EXISTING LAW:  


          1)Specifies that public health and welfare depend on the humane  
            use of animals for scientific advancement in the diagnosis and  
            treatment of human and animal diseases, for education, for  
            research in the advancement of veterinary, dental, medical and  
            biologic sciences, for research in animal and human nutrition,  
            and improvement and standardization of laboratory procedures of  
            biologic products, pharmaceuticals, and drugs (Health and Safety  
            Code Section 1650).
          2)Declares the following policies of the state:










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             a)   No adoptable animal should be euthanized if it can be  
               adopted into a suitable home.  Adoptable animals include only  
               those animals eight weeks of age or older that, at or  
               subsequent to the time the animal is impounded or otherwise  
               taken into possession, have manifested no sign of a  
               behavioral or temperamental defect that could pose a health  
               or safety risk or otherwise make the animal unsuitable for  
               placement as a pet, and have manifested no sign of disease,  
               injury, or congenital or hereditary condition that adversely  
               affects the health of the animal or that is likely to  
               adversely affect the animal's health in the future; and,
             b)   No treatable animal should be euthanized.  A treatable  
               animal shall include any animal that is not adoptable but  
               that could become adoptable with reasonable efforts (Civil  
               Code Section 1834.4 and Food and Agricultural Code (FAC)  
               Section 17005). 


          3)Specifies that animals that are irremediably suffering from a  
            serious illness or severe injury shall not be held for owner  
            redemption or adoption (FAC Section 17006). 
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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:  Background.  The Animal Welfare Act ((AWA); 7 United  
          States Code 2131 et seq.) is intended to ensure the humane  
          treatment of animals that are 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.  The United States Department  
          of Agriculture's (USDA's) Animal and Plant Health Inspection  
          Service (APHIS) administers the AWA.










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          The AWA applies to any live or dead dog, cat, nonhuman primate,  
          guinea pig, hamster, rabbit, or other warm-blooded animal  
          determined by the Secretary of Agriculture to be for research or  
          exhibition, or used as a pet.  Additionally, the AWA mandates that  
          all research facilities must be registered with the USDA's APHIS.   
          To note, research facilities include state and local  
          government-run research institutions, drug firms, universities,  
          diagnostic laboratories, and facilities that study marine mammals.  
           Lastly, 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 that go above the regulatory  
          requirements.  


          Purpose of this bill.  According to the author, this measure seeks  
          to provide an opportunity for Californians to adopt dogs and cats  
          from tax-payer funded research, teaching, and veterinary research  
          laboratories in California's postsecondary institutions of higher  
          learning.  The author contends that, "Current federal, state, and  
          most 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 has ended.  When the research  
          test, procedure, or teaching exercise is over it is up to the  
          discretion of the individual laboratory as to whether they will  
          attempt to place the animal up for public adoption.  Current law  
          provides for no standard in identifying opportunities to provide  
          for a humane post-research life and the mechanism to do so."


          Research institutions' adoption policies.  University of  
          California (UC).  On August 21, 2014, the UC issued systemwide  
          guidance on the adoption of research dogs and cats that each UC  
          campus has adopted as their individual campus policy for animal  
          adoption.  The UC Guidance Memo, found here,  
           http://www.ucop.edu/raohome/cgmemos/14-06.pdf  specifies, among  
          others, that each UC campus should adopt locally appropriate  








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          procedures under which research dogs and cats that are property of  
          the UC Regents may be transferred from the campus to individuals  
          or organizations for non-research purposes.


            California State University (CSU).  To note, the 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.


            California Community Colleges (CCC).  Most of the 112 CCCs that  
            have animals on its campuses are used for teaching, not  
            researching 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.


            Association of Independent California Colleges and Universities.  
             The independent California institutions of higher learning that  
            have research dogs and cats (e.g., Loma Linda University and  
            University of Southern California, etc.) have individual  
            adoption policies in place and have been successful in their  
            adoptions of approved dogs and cats.  To note, though Stanford  
            University has no research projects that use cats, and over the  
            last decade, has had very few dogs, it also has a very specific  
            and followed adoption protocol.


          Efforts by other states.  House File 3172 (Carlson), Chapter 312,  
          Statutes of 2014, is similar in nature to this measure.   
          Additionally, the States of Nevada and Connecticut introduced  
          legislation similar to this measure during their 2014 legislative  
          sessions and the State of New York may potentially introduce  
          similar legislation this year.  


          Previous legislation.  AB 2431 (Dababneh) of 2014, which died in  
          the Assembly Appropriations Committee, was very similar to this  








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          measure.




          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  
          0000085