BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       AB 2505|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |


          Bill No:  AB 2505
          Author:   Quirk (D) 
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/14/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone


           ASSEMBLY FLOOR:  79-0, 4/21/16 (Consent) - See last page for  

           SUBJECT:   Animals:  euthanasia

          SOURCE:    Author

          DIGEST:   This bill prohibits the use of carbon dioxide to  
          euthanize an animal.  


          Existing law:

          1)Prohibits the killing of any animal by using a) carbon  
            monoxide gas (Pen. Code, § 597u, subd. (a)(1)) or b)  
            intracardiac injection of a euthanasia agent on a conscious  
            animal, unless the animal is heavily sedated or anesthetized  
            in a humane manner, or comatose, or unless, in light of all  
            the relevant circumstances, the procedure is justifiable.   
            (Pen. Code, § 597u, subd. (a)(2).)


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          2)States that with respect to the killing of any dog or cat, no  
            person, peace officer, officer of a humane society, or officer  
            of a pound or animal regulation department of a public agency  
            shall use any of the methods specified in subdivision (a) or  
            any of the following methods:

             a)   High-altitude decompression chamber. (Pen. Code, § 597u,  
               subd. (b)(1).)

             b)   Nitrogen gas.  (Pen. Code, § 597u, subd. (b)(2).)

          3)States that no person, peace officer, officer of a humane  
            society or officer of a pound or animal regulation department  
            of a public agency shall kill any dog or cat by the use of any  
            high-altitude decompression chamber or nitrogen gas.  (Pen.  
            Code, § 597w.)

          4)Provides that it is unlawful for any person to sell, attempt  
            to sell, load or cause to be loaded, transport or attempt to  
            transport any live horse, mule, burro, or pony that is  
            disabled if the animal is intended to be sold, loaded, or  
            transported for commercial slaughter out of California.  (Pen.  
            Code, § 597x(a).)

          5)Defines a "disabled animal" as including, but not limited to,  
            any animal that has broken limbs, is unable to stand and  
            balance itself without assistance, cannot walk, or is severely  
            injured.  (Pen. Code, § 597x(b).)

          6)States that a violation of the prohibitions on methods of  
            killing is a misdemeanor.  (Pen. Code, § 597y.)

          This bill prohibits the use of carbon dioxide (CO2) to euthanize  


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          an animal.  


          CO2 euthanasia occurs by administration of the gas in a sealed  
          container.  The gas produces unconsciousness and then death.  A  
          pressurized cylinder of CO2 is now viewed by a number of  
          international animal research oversight authorities as the only  
          acceptable method.  CO2 may be administered in a home cage or in  
          a specialized compartment and may be used to kill individuals or  
          small groups of animals. 

          Discussions of CO2 euthanasia with various people working in  
          laboratory animal medicine and care (e.g. veterinarians,  
          vivarium directors, technicians) reveal that there are  
          conflicting CO2 practices and recommendations within the animal  
          research community. For example, some institutions require that  
          the euthanasia chamber be prefilled with CO2, while others  
          prohibit the use of prefilled chambers because they appear to  
          cause animal distress. Similar discrepancies in practice have  
          also been noted in regards to concentration, flow rate and  
          presence of oxygen. (Laboratory Animals, Conlee et al. (2005),  
          p. 139.)

          The American Veterinary Medical Association (AVMA) published  
          their most recent guidelines regarding animal euthanasia in  
          2013.  The AVMA laid out strict guidelines for the use of CO2,  
          but did not prohibit its use for euthanasia altogether.   
          According to the AVMA, "Unfortunately, there are still shelters  
          and animal control operations that do not have access to  
          controlled substances and/or the personnel authorized by the  
          Drug Enforcement Administration to administer them.  This limits  
          these facilities' options for euthanizing animals."   

          The AVMA Guidelines and Restrictions with respect to use of CO2  


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          for animal euthanasia are as follows and use of CO2 is only  
          considered acceptable if all the following guidelines are met:

          1)Personnel must be instructed thoroughly in the gas's use and  
            must understand its hazards and limitations;

          2)The gas source and chamber must be located in a  
            well-ventilated environment, preferably outdoors;

          3)The gas must be supplied in a precisely regulated and purified  
            form without contaminants or adulterants, typically from a  
            commercially supplied cylinder or tank;

          4)The gas flow rate must allow operators to achieve known and  
            appropriate gas concentrations within the recommended time;

          5)The chamber must be of the highest-quality construction and  
            should allow for separation of individual animals. If animals  
            need to be combined, they should be of the same species, and,  
            if needed, restrained or separated so that they will not hurt  
            themselves or others. Chambers should not be overloaded and  
            need to be kept clean to minimize odors that might distress  
            animals that are subsequently euthanized;

          6)The chamber must be well lighted and must allow personnel to  
            directly observe the animals;

          7)If the chamber is inside a room, monitors must be placed in  
            the room to warn personnel of hazardous concentrations of gas;  

          8)It is essential that the gas and the chamber be used in  
            compliance with state and federal occupational health and  
            safety regulations.


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          In the 2013 Guidelines, euthanasia by intravenous injection of  
          an approved euthanasia agent remains the preferred method for  
          euthanasia of dogs, cats, and other small companion animals. Gas  
          chambers are not recommended for routine euthanasia of cats and  
          dogs in shelters and animal control operations.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          SUPPORT:   (Verified6/27/16)

          American Society for the Prevention of Cruelty to Animals
          Best Friends Animal Society
          California Animal Control Directors Association
          California Veterinary Medical Association
          Humane Society Veterinary Medical Association 
          LIUNA Locals 777 & 79
          Los Angeles County District Attorney's Office
          San Diego Humane Society 
          State Humane Association of California
          Stockton Animal Shelter

          OPPOSITION:   (Verified6/27/16)

          None received

          ARGUMENTS IN SUPPORT:     The American Society for the  
          Prevention to Cruelty to Animals (ASPCA) states:

            California law already prohibits the use of carbon monoxide  
            gas chambers for euthanasia - AB 2505 simply closes a loophole  


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            by including carbon dioxide chambers in that ban. Gas chambers  
            are inhumane and unnecessary. The ASPCA believes it is  
            critically important that any euthanasia is administered with  
            compassion and car, which gas chambers do not provide. Shelter  
            animals deserve the same level of care that our pets receive  
            when the difficult decision is made to euthanize. 


          ASSEMBLY FLOOR:  79-0, 4/21/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Ridley-Thomas

          Prepared by:Molly Lao / PUB. S. / 
          6/29/16 15:50:47

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