Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2269

Introduced by Assembly Member Waldron

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(Coauthors: Assembly Members Chang, Chávez, and Cristina Garcia)

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February 18, 2016

An act to repeal and add Section 1834.7 of the Civil Code, relating to animal shelters.

LEGISLATIVE COUNSEL’S DIGEST

AB 2269, as amended, Waldron. Animal shelters: research animals: prohibitions.

(1) Existing law requires a pound or animal regulation department of a public or private agency where animals are turned over dead or alive to a biological supply facility or a research facility to post a statement to this effect, as specified, and requires that this statement and other information also be included on owner surrender forms.

This bill would begin delete repeal these provisions. end delete begin insert revise these provisions to apply them only to an animal shelter entity, as defined, where dead animals are turned over to a biological supply facility or a research facility. The bill would revise the posted statement and owner surrender forms to refer to euthanized animals. end insert The bill would prohibit a person or animal shelter entity that accepts animals from the public or takes in stray or unwanted animals from selling, giving, or otherwise transferring a living animal to a research facility or animal begin delete dealer, as specified. end delete begin insert dealer. end insert The bill would also prohibit a research facility begin insert or animal dealer end insert from procuring, purchasing, receiving, accepting, or using a living animal for the purpose of medical or biological teaching, research, or study, or any other kind of experimentation, if that animal is transferred from, or received from, an animal shelter. begin insert The bill would prohibit a person or animal shelter entity from euthanizing an animal for the purpose of transferring the carcass to a research facility or animal dealer. end insert The bill would except from these prohibitions specified procedures performed by, or under the direct supervision of, a licensed veterinarian, subject to certain conditions. A violation of these provisions would be subject to a civil penalty of $1,000. By creating new conditions affecting the operations of local, public animal service entities, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1834.7 of the Civil Code is repealed.

SEC. 2.  

Section 1834.7 is added to the Civil Code, to read:

1834.7.  

(a) For purposes of this section:

(1) “Animal dealer” means begin delete a dealer as defined by Section 2132
of Title 7 of the United States Code, effective February 7, 2014. end delete

begin insert any person who, in commerce, for compensation or profit, delivers
for transportation, or transports, except as a carrier, or who buys,
sells, or negotiates the purchase or sale of any animal, whether
alive or dead, for research, teaching, exhibition, or biological
supply. end insert

(2) “Animal shelter entity” includes, but is not limited to, an
animal regulation agency, humane society, society for the
prevention of cruelty to animals, rescue group, or other private or
public animal shelter.

(3) “Research facility” means a research facility as defined by
Section 2132 of Title 7 of the United States Code, effective
February 7, 2014.

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(b) (1) An animal shelter entity where dead animals are turned
over to a biological supply facility or a research facility shall post
a sign as described by this paragraph in a place where it will be
clearly visible to a majority of persons when turning animals over
to the shelter. The sign shall measure a minimum of 28 x 21 cm--
11 x 81⁄2 inches --with lettering of a minimum of 3.2 cm high and
1.2 cm wide-- 11⁄4 x 1⁄2 inch --(91 point) and shall state:

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“Animals Euthanized at This Shelter May Be Used for Research
Purposes or to Supply Blood, Tissue, or Other Biological
Products”

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(2) The statement in paragraph (1) shall also be included on
owner surrender forms.

end insert begin delete

(b)

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begin insert (c) end insert  (1) A person or animal shelter entity that accepts animals
from the public or takes in stray or unwanted animals shall not
sell, give, or otherwise transfer a living animal to a research facility,
or to an animal begin delete dealer if the dealer will transfer the animal to a
research facility. end delete begin insert dealer. end insert

(2) A research facility begin insert or animal dealer end insert shall not procure,
purchase, receive, accept, or use a living animal for the purpose
of medical or biological teaching, research, or study, or any other
kind of experimentation, if that animal is transferred from, or
received from, an animal shelter entity.

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(3) A person or animal shelter shall not euthanize an animal
for the purpose, in whole or in part, of transferring the carcass to
a research facility or animal dealer.

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(c)

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begin insert (d) end insert  This section does not prohibit a procedure by a licensed
veterinarian to correct the animal’s preexisting medical condition,
nor does it prohibit a procedure to spay or neuter the animal if the
procedure is performed by, or under the direct supervision of, a
licensed veterinarian, and if the animal is returned to the person
or animal shelter entity after the procedure, unless the animal is
found to be suffering from a medical condition that requires the
animal’s humane euthanasia to avoid imminent and prolonged
pain and suffering.

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(d)

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begin insert (e) end insert  A violation of this section is subject to a civil penalty of one
thousand dollars ($1,000) in an action to be brought by the district
attorney or city attorney of the county or city where the violation
occurred. When collected, the civil penalty shall be payable to the
general fund of the governmental entity that brought the action to
assess the penalty.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.