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  







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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).)








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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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