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
AB 2269 (Waldron)
Page 2 of ?
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).)
AB 2269 (Waldron)
Page 3 of ?
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
AB 2269 (Waldron)
Page 4 of ?
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
AB 2269 (Waldron)
Page 5 of ?
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
AB 2269 (Waldron)
Page 6 of ?
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.
AB 2269 (Waldron)
Page 7 of ?
(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
AB 2269 (Waldron)
Page 8 of ?
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
AB 2269 (Waldron)
Page 9 of ?
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
AB 2269 (Waldron)
Page 10 of ?
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)
**************