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ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

FACT SHEET FOR S.B. 1159

federally regulated research facility; animals

Purpose

            Excludes scientific experiments performed in federally regulated research facilities from the prohibitions and restrictions placed on the treatment of animals.

Background

Current Arizona law prohibits the neglect, abandonment, cruel mistreatment or unnecessary physical injury of an animal with intent or knowledge on the part of the person committing the act (A.R.S. § 13-2910).  Criminal cruelty to animals offenses are either a class 1 misdemeanors to class 6 felony, depending upon the nature of the offense. This statute does not prohibit or restrict the taking of wildlife, activities related to agriculture and any activities regulated by the Arizona Game and Fish Department and the Arizona Department of Agriculture.

               The Federal Animal Welfare Act (Act), established in 1966, sets the minimum acceptable standards for the treatment of animals in research, exhibition, transport, and by breeders and dealers. The Act requires every research facility to register with the U.S. Secretary of Agriculture. Research facility is defined as “any school (except an elementary or secondary school), institution, or organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests or experiments.”

There is no anticipated fiscal impact to the state general Fund as a result of this bill.

Provisions

1. Excludes scientific experiments performed in federally regulated animal research facilities from those activities currently prohibited or restricted by the cruelty to animals criminal statute.

2. Makes technical changes.

3. Becomes effective on the general effective date.

Prepared by Senate Research

January 28, 2010

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