BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2269 (Waldron) - Animal shelters: research animals:
prohibitions
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|Version: August 2, 2016 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 8, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2269 would prohibit a person or animal shelter from
euthanizing an animal for the purpose of transferring the
carcass to a research facility or animal dealer, as specified.
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 otherwise transferring a living animal
to a research facility, animal dealer, or other person for the
purpose of research, experimentation, or testing.
Fiscal
Impact:
Local agency animal shelters : Significant ongoing care and
treatment costs, potentially state-reimbursable (General Fund)
to local agency animal shelters that accept and care for stray
and abandoned animals that will be prohibited from selling,
giving, or otherwise transferring living animals to research
facilities or animal dealers, as well as prohibited from
euthanizing animals for the purpose of transferring to a
research facility or animal dealer. The Commission on State
AB 2269 (Waldron) Page 1 of
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Mandates (CSM) in its decision on the claim Animal Adoption
98-TC-11, determined that only local agencies are mandated by
the state to accept and care for stray and abandoned animals.
As a result, despite the fact that the imposition of specified
activities is imposed upon both public and private animal
shelters, private shelters are not required to take in stray
and abandoned animals whereas local agency shelters are
required to do so. Therefore, to the extent the provisions of
this bill constitute a higher level of service imposed on
local agency public shelters to provide care and treatment for
stray and abandoned animals for an extended period of time due
to the prohibition on selling, giving, or transferring
animals, local agencies could potentially be eligible for
reimbursement for the increased costs. Staff notes the
reimbursable mandate Animal Adoption has been suspended in the
annual Budget Act. Thus, any additional activities mandated on
local agencies that accept stray or abandoned animals
potentially may not be subject to reimbursement during the
period the mandate is suspended should the CSM make that
determination.
University of California (UC) : The UC has indicated no
significant fiscal impact based on the latest amendments to
the bill that clarify under what circumstances an animal may
be transferred to a research facility.
New civil penalty : Potential minor increase in civil penalty
revenues (Local Funds) to the extent district attorneys or
city attorneys bring forth actions for violations of this
section.
Background: 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 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. (Civil Code § 1834.7.)
Under existing law, 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 is deemed to be abandoned. (Civil Code §
1834.5 (a).)
AB 2269 (Waldron) Page 2 of
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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. 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 trying for at least 10 days to
find a new owner, or is unable to turn the animal over to a
public animal control agency, shelter, or animal rescue group.
(Civil Code § 1834.5 (a), (b).)
Finally, 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. (Civil Code § 1834.5 (e).)
Proposed Law:
This bill would prohibit a person or animal shelter from
euthanizing an animal for the purpose of transferring the
carcass to a research facility or animal dealer, as specified.
Additionally, this bill:
Prohibits a person or animal shelter 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, animal dealer, or
other person for the purpose of research, experimentation,
or testing.
Require a posting of a specified notice only when an
animal shelter entity transfers dead animals to a
biological supply facility or a research facility.
Prohibits a research facility, animal dealer, or other
person from receiving a living animal from procuring,
purchasing, receiving, accepting, or using a living animal
for the purpose of research, experimentation, or testing if
that animal is transferred from, or received from, an
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animal shelter or other person that accepts animals from
the public or takes in stray or unwanted animals.
Provides that nothing in the bill's provisions prohibit
a research facility from working in collaboration with an
animal shelter to investigate problems and provide services
to shelter animals.
Establishes a civil penalty of $1,000 for a violation of
the bill's 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.
Defines "animal dealer" as 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.
Defines "animal shelter entity" as including but limited
to an animal regulation agency, humane society, society for
the prevention of cruelty to animals, or other private or
public animal shelter.
Defines "person" as an individual, partnership, firm,
limited liability company, joint-stock company,
corporation, association, trust, estate, governmental
agency, or other legal entity.
Related
Legislation: AB 588 (Koretz) 2003 would have prohibited animal
shelters from selling or transferring any live or dead animal
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for the purpose of education, testing, research, or biological
supply, as specified. This bill was referred to the Assembly
Judiciary Committee but was not provided a hearing.
Staff Comments: Based on the State Mandated Program Cost Report
(AB 3000 report) issued on November 6, 2015, by the State
Controller's Office, prior to its suspension in the annual
Budget Act, the CSM reimbursable mandate claim for Animal
Adoption (98-TC-11) incurred program costs of $1.6 million in FY
2009-10, $21.4 million in FY 2008-09, $19.2 million in FY
2007-08, and $17.2 million in FY 2006-07.
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