BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 147              
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          |Author:    |Dababneh                                             |
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          |Version:   |May 12, 2015                              Hearing    |
          |           |Date:   June 10, 2015                                |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Postsecondary education:  animal research

            SUMMARY
          
          This bill requires a public and independent postsecondary  
          institution, as defined, that confines dogs or cats for research  
          purposes, to first offer the dogs or cats to an animal adoption  
          or rescue organization prior to being euthanized, if an  
          institution's existing procedures for adopting the animal have  
          failed and the animal's destruction is not required, as  
          specified. 

            BACKGROUND
          
          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 1650)

          2)Declares that 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 or have  
            manifested no sign of a behavioral or temperamental defect  
            that could pose a health or safety risk and have manifested no  







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            sign of disease, injury, or congenital or hereditary condition  
            that adversely affects the health of the animal, as specified.  
             (Civil Code  1834.4) 

          3)Specifies, that no treatable animal should be euthanized.  A  
            treatable animal includes any animal that is not adoptable but  
            that could become adoptable with reasonable efforts. (Food and  
            Agricultural Code  17005)

          4)Specifies that animals that are irremediably suffering from a  
            serious illness or severe injury shall not be held for owner  
            redemption or adoption (FAC  17006).







            ANALYSIS
          
          This bill: 

       1)Requires a campus of the University of California (UC),  
            California State University (CSU) and California Community  
            Colleges (CCC), an independent institution of higher  
            education, employee or student that confines dogs or cats for  
            research purposes, as specified, to offer the dogs or cats to  
            an animal adoption or rescue organization prior to euthanasia,  
            provided that the institution determines the animal's  
            destruction is not required, the animal is no longer needed,  
            and the institutions existing procedures for adoption have  
            failed.   

       2)Authorizes institutions to enter into agreement with an animal  
            adoption or rescue organization, as specified.

       3)Specifies, that this bill does not apply to animals that are  
            suffering from serious illness or severe injury and newborn  
            animals that need maternal care and have been impounded  
            without their mothers, as specified in Section 17006 of the  
            Food and Agricultural Code. 

       4)Defines various terms for the purposes of this bill including:








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               a)        Animal adoption organization or animal rescue  
               organization to mean, "a not-for-profit entity that is tax  
               exempt per 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." 

          STAFF COMMENTS
          
       1)Need for the bill:  According to the author current federal and  
            state law, provide regulations concerning a research animal's,  
            bedding, food, water access, enrichment devices, and pain  
            management yet standards regarding how to care for the animal  
            after research and testing are complete remain unaddressed.  
            This bill attempts to establish state standards for adopting  
            research dogs and cats once research is complete by  
            facilitating relationships between university research  
            laboratories and nonprofit animal rescue organizations or a  
            group of individuals with similar experience, as specified.

       2)How big is the problem?  According to the National Institutes of  
            Health (NIH), in 2014, California received 7,731 grants, more  
            grant funding from NIH (for animal research), than any other  
            state.  California was awarded grants totaling more than $3.4  
            billion.  To note, four of the top 15 U.S.-wide NIH awardees  
            in 2014 were California universities:  UC, Stanford  
            University, University of Southern California, and California  
            Institute of Technology. Specifically, at the UC of the 101  
            dogs utilized in 2014, 28 dogs used in research were  
            euthanized per the pre-approved research protocol and two dogs  
            remained in research. Of the remaining dogs, 30 were returned  
            to the staff or faculty owner and 41 were placed in permanent  
            adopted homes. According to UC, all of the dogs otherwise  
            covered under this measure were adopted out. This bill would  
            permit institutions to continue using  internal procedures for  
            adopting an animal however should those efforts fail the  
            institutions are subsequently required to offer the dogs or  
            cats to the specified third party organizations.   

       3)Existing University Policies. UC's systemwide "Guidance Memo," on  








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            adoption of research dogs and cats specifies that dogs and  
            cats used in research or teaching may be adopted as companion  
            animals, if the animals are in good health, have an  
            expectation for a normal quality of life, and have suitable  
            temperaments. Additionally, the memo directs the Campus  
            Attending Veterinarian to adopt locally appropriate procedures  
            including the suitability of animal for placement outside the  
            University, the suitability of the organization or individual  
            adopting the animal, the entity that will bear the costs  
            related to the adoption and conformance with applicable state  
            and federal laws, as specified. 

            According to CSU, they do not have any research activities  
            involving dogs and cats on its campuses, but several campuses  
            have policies. Similarly, CCCs that use animals for teaching  
            purposes have adoption policies in place. 

            According to the Association of Independent California  
            Colleges and Universities all of its institutions covered by  
            this bill have policies and practices in place regarding  
            animal care, research, euthanasia and the adoption of health  
            dogs and cats.

            This bill specifies that prior to offering the dogs or cats  
            for adoption; the institutions must first determine if the  
            animal's destruction is required and whether the animal is no  
            longer needed. For purposes of clarifying, that the animal is  
            suitable for adoption staff recommends the bill be amended to  
            specify that it is the role of the institutions to also  
            determine if the animal is appropriate for adoption.  

       4)Similar Legislation in Other States.  Similar to this bill,  
            Minnesota House File 3172 (chapter 3123, Statutes of 2014)  
            which sunsets July 1, 2015, requires a higher education  
            research facility that receives public money that confines  
            dogs or cats for science, education, or research purposes and  
            plans on euthanizing a dog or cat for other than science,  
            education, or research purposes must first offer the dog or  
            cat to a nonprofit organization incorporated for the purpose  
            of rescuing animals in need and finding permanent, adoptive  
            homes for the animals. Further, authorizes a facility to enter  
            into agreement with the animal rescue organization and for the  
            purposes of protecting the facility specifies that the  
            facility is immune from any civil liability that otherwise  








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            might result from its actions. Two other states Nevada (SB  
            261, 2015) and Connecticut (HB 5707, 2015) introduced similar  
            legislation to ensure adoptable research animals find  
            permanent homes. 

       5)Federal Animal Welfare Act (AWA). The federal Animal Welfare Act  
            (AWA; 7 USC 2131 et seq.) establishes a regulatory framework  
            for the use and role of animals in research. AWA was signed  
            into law in 1966 seeks 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 Act, public and private research facilities using  
            animals for research, testing, teaching, or experimentation  
            must be registered with the U.S. Department of Agriculture  
            (USDA) as a "research facility," and must adhere to minimum  
            standards of care. Among other things the act requires each  
            facility to have an attending veterinarian to provide adequate  
            veterinary care to the animals. Additionally, these facilities  
            must submit an annual report identifying the number of  
            regulated animals used and if any painful experiments were  
            conducted. 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.  
          
            This bill defines animal adoption or rescue organization as a  
            registered nonprofit organization; however, it also loosely  
            defines these organizations to mean a "collaboration of  
            individuals." For purposes of ensuring the dogs and cats are  
            offered to organizations focused on placing animals in  
            permanent adoptive homes staff recommends the bill be amended  
            as follows:

             a)   "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.   








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               established for the purpose of rescuing animals in need and  
               finding permanent, adoptive homes for such animals and  
               maintain records pursuant to Food and Agricultural Code  
               Section 32003.

       6)PRIOR LEGISLATION 

            AB 2431 (Dababneh, 2014), similar to this measure, required  
            any postsecondary educational institution that confines dogs  
            or cats for research purposes and intends to destroy the dog  
            or cat to first offer the dog or cat to an animal adoption or  
            animal rescue organization. AB 2431 did not include language  
            related to the institutions determining if the animal is no  
            longer needed or exhausting its existing procedures. AB 2431  
            died in Assembly Appropriations Committee. 

            SUPPORT
           
          American Society for the Prevention of Cruelty to Animals  
          (ASPCA)
          Animal Human Society of Minnesota 
          Barks of Love
          Best Friends Animal Society 
          Molly's Mutts and Meows 
          Numerous Individuals 
          Pasadena Humane Society & SPCA 
          Pine Animal Hospital, Inc.
          Priceless Pets
          Sacramento SPCA  
          San Francisco SPCA
          Sonoma Humane Society
          Tails of the City Animal Rescue

          The Amanda Foundation 
          The Rescue Train

          OPPOSITION
          
          Association of Independent California Colleges and Universities  
          (AICCU)
          California Biomedical Research Association
          Stanford University
          University of California 
          University of Southern California








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