BILL NUMBER: AB 2269 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2016
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, Chávez, 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.
facility fo r specified purposes. The
bill would revise the posted statement and owner surrender forms to
refer to euthanized animals. The bill would prohibit a
person or an animal shelter entity or other
person 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.
facility, animal dealer, or other person for the
purpose of research, experimentation, or testing. The bill
would also prohibit a research facility or animal dealer
facility, animal dealer, or other person 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, or testing if that animal is transferred
from, or received from, an animal shelter.
shelter entity or other person t hat accepts animals from
the public or takes in stray or unwanted animals. 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 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) "Person" means an individual, partnership, firm, limited
liability company, joint-stock company, corporation, association,
trust, estate, governmental agency, or other legal entity.
(3)
(4) "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 for
research purposes or to supply blood, tissue, or other biological
products 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.
(3) An animal shelter or other person shall not euthanize an
animal for the purpose of transferring the carcass to a research
facility or animal dealer.
(c) (1) A person or An animal
shelter entity or other person 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.
dealer, or other person for the purpose of research, experimentation,
or testing.
(2) A research facility or animal dealer
facility, animal dealer, or other person 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. research,
experimentation, or testing if that animal is transferred from, or
received from, an animal shelter entity or other person that accepts
animals from the public or takes in stray or unwanted animals.
(d) Nothing in this section shall prohibit a research facility
from working in collaboration with an animal shelter to investigate
problems and provide services to shelter animals.
(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.