PRINTER'S NO. 740
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
658
Session of
2023
INTRODUCED BY MASTRIANO, PHILLIPS-HILL, COLEMAN AND BROOKS,
MAY 11, 2023
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 11, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, prohibiting certain
animal experimentation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
ANIMAL EXPERIMENTATION
Sec.
5901. Definitions.
5902. Prohibiting Commonwealth funding for painful animal
subject experimentation.
5903. Prohibiting Commonwealth funding for animal subject
devocalization.
5904. Animal testing facilities and adoption of animal
subjects.
5905. Disclosure requirements.
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5906. Penalty.
5907. Annual report by State Treasurer.
5908. Annual report by recipients of Commonwealth funds.
§ 5901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal subject." A dog or a cat.
"Animal testing facility." A facility, including a private
entity, State agency or institution of higher education, that
confines and uses animal subjects for research, education,
testing or other scientific or medical purposes.
"Commonwealth funds." Money of a fund or account in the
State Treasury of the Commonwealth.
"Devocalization." The process of performing a surgical
procedure to cut, notch, punch, abrade, laser, suture or
otherwise physically alter the vocal apparatus of an animal
subject with the intent of altering, reducing or eliminating
vocal sounds produced by the animal subject.
"Devocalize." The term includes debarking, devoicing,
silencing, ventriculocordectomy, vocal cordectomy, bark
reduction and bark softening.
"Medically unnecessary." Not carried out solely for the
better health, welfare or safety of an animal subject.
"Recipient of Commonwealth funds." A person, including a
public or private entity, to whom Commonwealth funds are paid.
§ 5902. Prohibiting Commonwealth funding for painful animal
subject experimentation.
(a) General rule.--A recipient of Commonwealth funds is
prohibited from using the Commonwealth funds to directly support
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medically unnecessary research on animal subjects that is
classified under pain and distress categories "D" or "E" by the
United States Department of Agriculture.
(b) Applicability.--Subsection (a) does not apply to the
direct funding of research for the construction or maintenance
of facilities, the purchase or maintenance of general-use
equipment, overhead costs, capital improvements or faculty or
employee salaries.
§ 5903. Prohibiting Commonwealth funding for animal subject
devocalization.
A recipient of Commonwealth funds is prohibited from using
Commonwealth funds to devocalize an animal subject, to procure
for use an animal subject that has undergone devocalization or
to conduct research on animal subjects that have undergone
devocalization.
§ 5904. Animal testing facilities and adoption of animal
subjects.
(a) General rule.--An animal testing facility that receives
Commonwealth funds and no longer has need of an animal subject
in its possession shall, provided that doing so does not pose a
risk to the health or safety of the public or the welfare of the
animal subject:
(1) offer the animal subject for release to a releasing
agency for eventual adoption or for adoption through a
private placement; or
(2) if the testing facility is operated by an agency or
institution of higher education, develop its own adoption
program, provided that the program maintains records that
comply with 3 Pa.C.S. § 2349 (relating to records and
inspections).
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(b) Manner of release.--
(1) The animal testing facility shall keep an offer for
release open for a reasonable length of time, but not less
than two weeks, prior to euthanizing an animal subject.
(2) The animal testing facility may enter into an
agreement with a releasing agency for compliance with this
section.
(c) Immunity.--An animal testing facility shall not be
liable for harm caused by or a defect suffered by an animal
subject placed, in good faith, for adoption in compliance with
this section.
§ 5905. Disclosure requirements.
(a) General rule.--A person that submits to a Commonwealth
agency a proposal in response to a request for proposal or bid
in response to an invitation for bids relating to a project or
program that involves animal subjects and is to be financed by
Commonwealth funds, shall clearly state in the proposal or bid:
(1) The percentage of the total costs of the program or
project to be financed with Commonwealth funds.
(2) The dollar amount of Commonwealth funds for the
project or program.
(3) The percentage and dollar amount of the total costs
of the project or program that will be financed by
nongovernmental sources.
(b) Disclosure in other records.--The duty in subsection (a)
shall include a press release or other record of the person that
identifies the project or program.
§ 5906. Penalty.
A person that has a duty under this chapter and fails to
comply with the duty may not receive Commonwealth funds for a
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period of one year from the date of the noncompliance.
§ 5907. Annual report by State Treasurer.
(a) Duty of State Treasurer.--Not later than December 1,
2023, and annually thereafter, the State Treasurer shall submit
a report to the President pro tempore of the Senate and the
Speaker of the House of Representatives and shall post the
report on the Treasury Department's publicly accessible Internet
website. The report shall cover the prior calendar year. The
report shall include the following information:
(1) The total amount of Commonwealth funds expended to
support animal research during the calendar year.
(2) A list of active animal research projects for which
Commonwealth funds were expended, including project titles,
animal species, number of animals, calendar year cost, the
total cost to date and the start and end date of the
expenditure.
(3) A list of the names and business addresses of the
recipients of Commonwealth funding for the animal research
projects.
(b) Duty of Commonwealth agencies to cooperate.--The State
Treasurer may request that a Commonwealth agency provide
information deemed necessary by the State Treasurer to carry out
the duty under subsection (a), and the Commonwealth agency shall
cooperate with the State Treasurer by providing the information
requested.
§ 5908. Annual report by recipients of Commonwealth funds.
An institution of higher education, whether public or
private, in this Commonwealth that is a recipient of
Commonwealth funds and uses animal subjects or other animals in
research shall post on its publicly accessible Internet website,
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not later than the first day of April, a written report on
animal research conducted on the animal subjects and other
animals during the course of the prior calendar year. The report
shall be posted in a conspicuous and easily accessible manner so
that the public can access a copy of the report electronically.
The written report shall contain the following:
(1) The total amount of money expended for animal
research by the institution during the preceding calendar
year, itemized by Federal, State, private and other revenue
sources.
(2) A list of active animal research projects, including
project titles, the department of the institution conducting
the research, species of animals, number of animals, calendar
year cost, total cost to date, funding source and the start
and end date of the project.
(3) A review of compliance with 7 U.S.C. § 2131 et seq.
(Animal Welfare Act), the United States Public Health Policy
on Humane Care and Use of Laboratory Animals and other
applicable Federal, State and local law, regulations and
policies governing animal research. The review shall include
an explanation of any animal research noncompliance
documented during the preceding calendar year and corrective
actions taken in each case.
(4) The number of animals by species adopted out from
research laboratories during the preceding calendar year to
animal shelters or to animal rescue organizations, and the
number of animal euthanized by the institution.
(5) Current roster for any institutional animal care and
use committee within the institution.
(6) A detailed explanation of specific efforts by the
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institution to refine, reduce and replace the use of animals
in research during the preceding calendar year. The
explanation shall include the number of animals by species
used in research each year for the past three calendar years
and anticipated numbers in the next calendar year. The use of
animals in research shall include animals used in scientific
research, in testing and for experimentation purposes.
Section 2. This act shall take effect in 60 days.
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