|
POUND SEIZURE BILL
AMENDED IN ASSEMBLY MARCH 25, 2003
CALIFORNIA LEGISLATURE— 2003– 04 REGULAR SESSION
ASSEMBLY BILL No. 588
Introduced by Assembly Member Koretz
February 18, 2003
An act to amend Section 1834.7 of, and to add Section 1834.75 to,
and repeal Section 1834.7 of, the Civil Code, relating to animals.
LEGISLATIVE COUNSEL ’S DIGEST
AB 588, as amended, Koretz. Animals: sale of live or dead
animals: research.
Existing law regulates animal shelters by providing that in any 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, a specified sign articulating that fact must be clearly
posted. Existing law further requires the inclusion of these statements
on owner surrender forms.
This bill would repeal these provisions. The bill would also prohibit
any public animal shelter or humane society shelter from selling,
giving, or furnishing any live or dead dog, cat, or other animal to any
animal research facility or biological supply facility, as defined, for the
purposes of experimentation, research, testing, or demonstration
education, testing, research, or biological supply, except as specified .
A violation of the prohibition would be an infraction punishable by a
fine not to exceed $250. The bill would make a conforming change to
the above related provision $500 per animal . By creating a new crime,
this bill would impose a state- mandated local program.
98
AB 588 — 2 —
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State- mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 1834.7 of the Civil Code is amended to
2 read:
3 1834.7. (a) In any pound or animal regulation department of
4 a public or private agency where animals are turned over dead to
5 a biological supply facility or a research facility, a sign (measuring
6 a minimum of 28 x 21 cm— 11 x 8 /1 2 inches —with lettering of
7 a minimum of 3.2 cm high and 1.2 cm wide— 1 /1 4 x /1 2 inch —( 91
8 point)) stating:
9 ‘‘ Animals Turned In To This Shelter, Upon Death, May Be Used
10 For Research Purposes or to Supply Blood, Tissue, or Other
11 Biological Products’’
12 shall be posted in a place where it will be clearly visible to a
13 majority of persons when turning animals over to the shelter. This
14 statement shall also be included on owner surrender forms. The
15 owner surrender forms shall also include the definition of
16 ‘‘ biological supply facility’’ contained in subdivision (c).
17 (b) For purposes of this section, ‘‘ animal research facility’’
18 includes any laboratory, firm, association, corporation,
19 copartnership, and educational institution.
20 (c) For purposes of this section, ‘‘ biological supply facility’’
21 includes any blood bank, laboratory, firm, association,
22 corporation, copartnership, or educational institution that sells
23 biological materials such as blood or animals, either alive or dead,
24 to research facilities, educational institutions, or veterinarians.
25 SECTION 1. Section 1834.7 of the Civil Code is repealed.
26 1834.7. (a) In any pound or animal regulation department of
27 a public or private agency where animals are turned over dead or
28 alive to a biological supply facility or a research facility, a sign
29 (measuring a minimum of 28 x 21 cm— 11 x 8 /1 2 inches —with
98
—3— AB 588
1 lettering of a minimum of 3.2 cm high and 1.2 cm wide— 1 /1 4 x /1 2
2 inch —( 91 point)) stating:
3 ‘‘ Animals Turned In To This Shelter May Be Used For Research
4 Purposes or to Supply Blood, Tissue, or Other Biological
5 Products’’
6 shall be posted in a place where it will be clearly visible to a
7 majority of persons when turning animals over to the shelter. This
8 statement shall also be included on owner surrender forms. The
9 owner surrender forms shall also include the definition of
10 ‘‘ biological supply facility’’ contained in subdivision (c).
11 (b) For purposes of this section, ‘‘ animal research facility’’
12 includes any laboratory, firm, association, corporation,
13 copartnership, and educational institution.
14 (c) For purposes of this section, ‘‘ biological supply facility’’
15 includes any blood bank, laboratory, firm, association,
16 corporation, copartnership, or educational institution that sells
17 biological materials such as blood or animals, either alive or dead,
18 to research facilities, educational institutions, or veterinarians.
19 SEC. 2. Section 1834.75 is added to the Civil Code, to read:
20 1834.75. (a) It is unlawful for any public animal shelter or
21 humane society shelter to sell, give, or furnish any live or dead
22 dog, cat, or other animal, for the purposes or experimentation,
23 research, testing, or demonstration of education, testing, research,
24 or biological supply , to any animal research facility, or to any
25 biological supply facility, or any agency or person functioning as
26 a procurer of dogs, cats, or other animals on behalf of any animal
27 research facility or biological supply facility .
28 (b) For purposes of this section, ‘‘ animal research facility’’
29 includes, but is not limited to, any laboratory, firm, association,
30 corporation, copartnership, or educational institution.
31 (c) For purposes of this section, ‘biological supply facility‘
32 includes, but is not limited to, any blood bank, laboratory, firm,
33 association, corporation, copartnership, or educational
34 institution that sells biological materials, such as blood or
35 animals, either alive or dead, to research facilities, educational
36 institutions, or veterinarians.
37 (d) Any person or entity who violates this section is guilty of
38 an infraction and shall be punished by a fine not exceeding two
39 hundred fifty dollars ($ 250) five hundred dollars ($ 500) per
40 animal.
98
AB 588 — 4 —
1 (e) This section does not apply to sterilization surgeries,
2 surgeries that are of benefit to the animal, or medically necessary
3 procedures performed on shelter animals by veterinarians,
4 veterinary students, or veterinary technicians, for the purpose of
5 educational instruction or community benefit .
6 SEC. 3. No reimbursement is required by this act pursuant to
7 Section 6 of Article XIII B of the California Constitution because
8 the only costs that may be incurred by a local agency or school
9 district will be incurred because this act creates a new crime or
10 infraction, eliminates a crime or infraction, or changes the penalty
11 for a crime or infraction, within the meaning of Section 17556 of
12 the Government Code, or changes the definition of a crime within
13 the meaning of Section 6 of Article XIII B of the California
14 Constitution.
|
