BILL ANALYSIS Ó AB 147 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 147 (Dababneh) As Amended June 18, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 76-1 | (April 9, |SENATE: |36-0 | (August 20, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 147 Page 2 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 AB 147 Page 3 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 AB 147 Page 4 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), AB 147 Page 5 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