BILL ANALYSIS Ó
AB 147
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
147 (Dababneh)
As Amended June 18, 2015
Majority vote
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|ASSEMBLY: | 76-1 | (April 9, |SENATE: |36-0 | (August 20, |
| | |2015) | | |2015) |
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Original Committee Reference: HIGHER ED.
SUMMARY: Requires any public postsecondary educational
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.
The Senate amendments:
1)Specify that the postsecondary educational institution will
need to assess the health of an animal before determining if
the animal is suitable for adoption.
2)Define "animal adoption organization" or "animal rescue
organization" to mean a not-for-profit entity that is exempt
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from taxation pursuant to Internal Revenue Code Section (c)(3)
established for purposes of rescuing animals in need and
finding permanent, adoptive homes for those animals and that
maintain records pursuant to Food and Agriculture Code (FAC)
Section 32003.
EXISTING LAW: 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).
1)Declares the following policies of the state:
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 FAC Section 17005).
1)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 Senate Appropriations
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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
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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 specifies, among others, that
each UC campus should adopt locally appropriate 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. Minnesota House File 3172 (Carlson),
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Chapter 312, Statutes of 2014, which sunsets on July 1, 2015;
and, Nevada SB 261 (Manendo), Chapter 323, Statutes of 2015, are
similar in nature to this measure. Additionally, Connecticut
House Bill 5707, (Urban) of 2015, which, as of June 25, 2015, is
awaiting action by the Governor, would ensure adoptable research
animals find permanent homes.
Previous legislation. AB 2431 (Dababneh) of 2014, which died in
the Assembly Appropriations Committee, was very similar to this
bill.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0001132