BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 147


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          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,     |
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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