BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 2269 (Waldron)
          Version: April 21, 2016
          Hearing Date: June 28, 2016
          Fiscal: Yes
          Urgency: No
          NR   


                                        SUBJECT
                                           
                  Animal shelters:  research animals:  prohibitions

                                      DESCRIPTION  

          This 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. 

          This 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, and would also  
          prohibit a research facility or animal dealer from procuring,  
          purchasing, receiving, accepting, or using a living shelter  
          animal for the purpose of medical or biological teaching,  
          research, or study, or any other kind of experimentation. 

          This bill would create a civil penalty of $1,000 for a violation  
          of the above provisions, and make other conforming changes.

                                      BACKGROUND  

          Pound seizure became common in the United States in the 1940s,  
          with the biomedical industry actually spearheading legislation  
          in several states to legally require animal shelters to provide  
          dogs and cats to research laboratories either directly, or  
          through animal dealers who collect animals from shelters and  
          other sources and sell them into experimentation. 
          
          After media accounts of family pets being stolen and sold by  








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          animal dealers in the 1960s, Congress passed the Animal Welfare  
          Act in 1966 to regulate pound seizures and the theft and resale  
          of animals into experimentation.  Among other things, the Animal  
          Welfare Act requires animal shelters and pounds to hold cats and  
          dogs for a minimum of five days before they are sold to a  
          dealer, and requires dealers to provide the recipient of the cat  
          or dog with a certification containing certain information, such  
          as a description of the animal and the name of the shelter it  
          came from.  (7 U.S.C. Sec. 2158.)  According to Cruelty Free  
          International, however, the Animal Welfare Act "fell short of  
          its intended goals and public expectation." Specifically, by  
          making it slower and more cumbersome to obtain animals from  
          pounds, some individuals began stealing more pets in order to  
          sell them to research and biomedical institutes.  In addition,  
          it created a financial incentive for some animal shelters to  
          sell animals to research institutes instead of making them  
          available for adoption. 

          Currently, California law prohibits the sale of animals that are  
          abandoned at veterinarian hospitals, kennels, pet grooming  
          parlors, and animal hospitals into any type of research, but  
          condones the practice if the animal is transferred from an  
          animal shelter entity, as long as appropriate signs at shelters  
          inform the public of the practice.  Seeking to bring consistency  
          to state law, this bill would prohibit the sale or transfer of  
          live animals from pounds and animal shelters to any animal  
          dealer or research facility, and would prohibit the euthanizing  
          of a shelter animal for the purpose of transferring the carcass  
          to a research facility or animal dealer.

                                CHANGES TO EXISTING LAW
           
          Existing law  declares that it is the policy of this state that  
          no adoptable animal should be euthanized if it can be adopted  
          into a suitable home, and that no treatable animal should be  
          euthanized if with treatment it could become adoptable with  
          reasonable efforts.  (Civ. Code Sec. 1834.4.)

           Existing law  provides that whenever an animal is delivered to a  
          veterinarian, dog kennel, cat kennel, pet-grooming parlor,  
          animal hospital, or any other animal care facility, and the  
          owner of the animal does not pick up the animal within 14  
          calendar days after the day the animal was initially due to be  
          picked up, the animal shall be deemed to be abandoned.  (Civ.  
          Code Sec. 1834.5 (a).)







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           Existing law  requires the person into whose custody the animal  
          is placed for care to try for at least 10 days to find a new  
          owner for the animal, or turn the animal over to a public animal  
          control agency or shelter, society for the prevention of cruelty  
          to animals shelter, humane society shelter, or nonprofit animal  
          rescue group, provided that the shelter or rescue group has been  
          contacted and has agreed to take the animal. (Civ. Code Sec.  
          1834.5 (a).)


           Existing law  authorizes the animal care facility to have the  
          abandoned animal euthanized if it is unable to place the animal  
          with a new owner, shelter, or rescue group as described above.   
          Existing law further authorizes a veterinarian to euthanize an  
          animal abandoned with the veterinarian or with a facility that  
          has a veterinarian, if a new owner cannot be found after  
          following the specified procedures for holding the animal  
          described above.  (Civ. Code Sec. 1834.5 (a) and (b).)


           Existing law  prohibits any animals abandoned at veterinarian  
          hospitals, kennels, pet grooming parlors, and animal hospitals  
          from being used for scientific or any other type of  
          experimentation.  (Civ. Code Sec. 1834.5 (e).)


           Existing law  requires any pound or animal regulation department  
          of a public or private agency who turns over living or dead  
          animals to biological supply facilities or research facilities  
          to post a specified notice clearly visible to the public stating  
          that animals turned in to the pound or department may be used  
          for research purposes or to supply blood, tissue, or other  
          biological products.  (Civ. Code Sec. 1834.7 (a).)


          
           This bill  would require the posting immediately above only when  
          an animal shelter entity transfers dead animals to a biological  
          supply facility or a research facility. 

           This bill  would prohibit a person or animal shelter from  
          euthanizing an animal for the purpose, in whole or in part, of  
          transferring the carcass to a research facility or animal  







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          dealer.

           This bill  would prohibit a person or animal shelter that accepts  
          animals from the public or takes in stray or unwanted animals  
          from selling, giving, or transferring a living animal to a  
          research facility, or to an animal dealer.

           This bill  would prohibit a research facility or animal dealer  
          from receiving a living animal from a shelter the purpose of  
          medical or biological teaching, research, or study, or any other  
          kind of experimentation.

           This bill  would exempt from the above provisions a procedure by  
          a licensed veterinarian to correct the animal's preexisting  
          medical condition, or a procedure to spay or neuter the animal  
          as specified, if the animal is returned 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.  

          This bill  would create a civil penalty of $1,000 for a violation  
          of its provisions, 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.

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            State law is inconsistent in its protection of lost, stray and  
            abandoned animals. In addition state law is out of step with  
            local ordinances across California which prohibit pound  
            seizure thus creating the potential for confusion for the  
            public and law enforcement.  California is also out of step  
            with 17 states and the District of Colombia which now prohibit  
            pound seizure, and out of step with the growing scientific  
            consensus that the use of random source dogs and cats, which  
            includes those acquired from animal shelters, is unnecessary  
            and may be harmful. 

            A shelter that releases animals to dealers or laboratories  







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            loses the public trust. This is why animal shelters across the  
            state have rejected pound seizure and most shelters do not  
            sell the bodies of euthanized animals to commercial dealers.   
            Conflicting state law on the issue creates confusion for the  
            public and law enforcement.  

            [This bill] would prohibit the sale or transfer of live  
            animals from pounds and animal shelters to any animal dealer  
            or research facility for purposes of research or  
            experimentation. This bill also prohibits the euthanasia of  
            otherwise adoptable animals for the purpose of transferring  
            the animal carcasses to a research facility or animal dealer.

           2.Teaching methods of California Veterinary Schools
           
          The California Veterinary Medical Association (CVMA),  
          representing the University of California at Davis School of  
          Veterinary Medicine and the Western University of Health  
          Sciences College of Veterinary Medicine in Pomona, argues that  
          this bill would impact the veterinary educational programs in  
          California.  CVMA claims that animals obtained from shelters are  
          an integral part of the educational curriculum at veterinary  
          schools and veterinary technician programs. CVMA writes:

            Young, energetic and undisciplined animals, which are unlikely  
            to be adopted, are offered to the schools so that they can  
            become part of their teaching programs.  At UC Davis, for  
            example, they utilize up to 20 shelter cats and 20 shelter  
            dogs per year for their teaching program.  The ownership of  
            these animals is transferred to the University for teaching  
            which includes animal handling, restraint techniques, physical  
            examinations, blood draws, and ultrasound examinations.  Each  
            dog has a student companion who is assigned to exercise their  
            animal daily and provide enrichment and obedience training.   
            Many of these students also take the dogs home over the  
            weekend to help socialize them.  The cats are group housed in  
            large rooms with added enrichment and students spend time  
            interacting with them outside of scheduled teaching activities  
            on a daily basis.  The cats are adopted after five months and  
            the dogs after eight months.  These dogs and cats are adopted  
            out to good homes - with many of the students actually  
            choosing to adopt their animals and a waiting list for others.  

                  
          CVMA further notes that UC Davis obtains cadavers from shelters  







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          for the teaching of medical, surgical, and clinical techniques,  
          and that "many California shelters are the beneficiaries of free  
          services by the university and registered veterinary technician  
          programs - including spays and neuters, microchipping, dental  
          procedures and vaccinations." Accordingly, CVMA opposes this  
          bill unless amended to ensure that the beneficial and humane  
          practices employed by California's veterinary educational  
          programs will not be impacted by the legislation.

          The author responds, "AB 2269 was introduced to ensure that  
          shelter animals may not be used in painful laboratory  
          experiments. I did not intend in any way to impact veterinary  
          teaching that is benefiting animals. Originally my bill did  
          allow for animals to be transferred from shelters or rescue  
          groups to institutions for procedures that are beneficial to the  
          animals such as spay and neuter surgeries or correction of  
          medical conditions as long as the animals are returned to the  
          shelter or rescued for adoption. Amends taken to address the  
          oppositions concerns, later, caused greater need for  
          clarification. I am glad the sponsors, the opposition and myself  
          all worked together to ensure animals in shelters are not facing  
          any harm." 

          The following amendments (in mockup form) would address the  
          opposition's concerns by prohibiting the transfer of live  
          animals for the purposes of research, experimentation, or  
          testing, and would clarify that shelters only need to post a  
          sign if transferring cadavers for research or biological supply,  
          thereby allowing the transfer of animals for teaching. The  
          amendments would also allow research facilities to work in  
          collaboration with animal shelters to diagnose and treat shelter  
          animals.   

           Author's amendments: 
           
            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.







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            (2) "Animal shelter entity" includes, but is not limited to,  
            an animal regulation agency, humane society, society for the  
            prevention of cruelty to animals, 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) "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  
            11x81/2 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) A person or animal shelter entity shall not euthanize an  
            animal for the purpose of transferring the carcass to a  
            research facility or animal dealer.

            (c) (1) An animal shelter entity or other person that accepts  
            animals from the public or takes in stray or unwanted animals  
            shall not transfer, sell, or give any living animal to a  
            research facility, animal dealer, or other person for the  
            purpose of research, experimentation or testing. 

            (2) A research facility, animal dealer or other person shall  
            not procure, purchase, receive, accept, or use a living animal  







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            for the purpose of 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 prohibits a research facility from  
            working in collaboration with an animal shelter entity to  
            investigate problems and provide services to shelter animals. 

            (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. 
             
          3.Creates consistency in state law regarding the transfer of  
            animals  
             
          Under existing law, pounds and animal regulation departments of  
          public or private agencies who transfer animals, both carcasses  
          and live animals, to a research institution or biological supply  
          facility are required to post a sign with the following text:  
          "Animals Turned In To This Shelter May Be Used For Research  
          Purposes or to Supply Blood, Tissue, or Other Biological  
          Products."  The sign is required to be posted in a place where  
          the majority of people visiting the shelter will be able to see  
          it. 

          As proposed to be amended, this bill would strike the above  
          provision and create two distinct standards: a standard for the  
          transferring of euthanized animals from shelter entities; and a  
          standard for the transferring of live animals.  

          With regard to animals euthanized at a shelter, this bill would:  

           if the shelter intends on transferring animals for research or  
            biological supply, require the shelter to post a sign with  
            that information so that individuals dropping animals off at  
            that shelter would have notice of the animal's potential fate;  

           specify that the text of the sign also be included on owner  
            surrender forms; and 
           prohibit the euthanizing of an animal for the purpose of  







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            transferring the carcass to a research facility or animal  
            dealer. 

          With regard to live animals, this bill, as proposed to be  
          amended, would prohibit the transferring of a live animal to a  
          research facility, animal dealer, or other person for the  
          purpose of research, experimentation, or testing, and would  
          prohibit these entities from receiving live animals for these  
          purposes.  

          This distinction acknowledges that euthanasia of animals who  
          have failed to be adopted is an unavoidable reality for many  
          pounds and shelters, and recognizes that cadavers may have  
          utility for research institutions and biological supply  
          companies.  Further, by allowing these animals to be transferred  
          for the purpose of teaching or education, this bill will allow  
          the training of future animal medical providers. In support, the  
          League of California Cities writes:

            Current law already prohibits animals that are abandoned at  
            veterinary hospitals, grooming parlors and kennels from being  
            used for experimentation. AB 2269 would merely extend this  
            prohibition to pounds and animal shelters. A number of cities  
            have already banned this outdated practice, including West  
            Hollywood, San Bernardino, Santa Barbara, Scotts Valley,  
            Laguna Woods, Nevada City, and Paradise.

            Additionally, leading medical research institutions have begun  
            to question or prohibit the use of animals acquired from  
            pounds or animal shelters for experimentation. In fact,  
            according to a 2009 report commissioned by the National  
            Academy of Sciences, demand for random sourced animals (a  
            category of animals that includes those from pounds and animal  
            shelters) has significantly fallen over the last 30 years.  AB  
            2269 is a common sense measure that builds off local  
            ordinances that have already prohibited this unnecessary  
            practice.


           Support  :  The Beagle Freedom Project; County of Riverside;  
          Cruelty Free International; Humane Society of the United States;  
          Humane Society Veterinary Medical Association; League of  
          California Cities; New England Anti-Vivisection Society; Society  
          for the Prevention of Cruelty to Animals, Los Angeles; one  
          individual







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           Opposition  :  California Veterinary Medical Association 

                                        HISTORY
           
           Source  :  Cruelty Free International; State Humane Association of  
          California

           Related Pending Legislation  : None Known 

           Prior Legislation  :  AB 588 (Koretz, 2003) would have prohibited  
          animal shelters from selling or transferring any live or dead  
          animal for the purpose of education, testing, research, or  
          biological supply, as specified.  This bill was never heard in  
          the Assembly Judiciary Committee.   

           Prior Vote  :

          Assembly Floor (Ayes 77, Noes 0)
          Assembly Appropriations Committee (Ayes 20, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)

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