AB 2269 Assembly Bill

BILL NUMBER: AB 2269	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2016
	AMENDED IN ASSEMBLY  MARCH 30, 2016

INTRODUCED BY   Assembly Member Waldron
    (   Principal coauthor:   Assembly Member
  Dababneh   ) 
   (Coauthors: Assembly Members  Bloom,  Chang, Chсvez, 
Daly,  and Cristina Garcia)

                        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 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. 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 dealer. The bill
would also prohibit a research facility or animal dealer 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. 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. 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  any   a 
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.
   (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.
   (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:

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

   (2) The statement in paragraph (1) shall also be included on owner
surrender forms.
   (c) (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 dealer.
   (2) A research facility or animal dealer 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.
   (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.
   (d) 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.
   (e) 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.