BILL ANALYSIS Ó
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 17, 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,"
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on 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 (H.B. 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 U.S.C. 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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