MD
Maryland Senate Bill SB535

Maryland 2025 Regular Session

Maryland Senate Bill SB535 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0535*
66
77 SENATE BILL 535
88 M4 5lr1394
99 SB 761/24 – EEE
1010 By: Senator Kramer
1111 Introduced and read first time: January 23, 2025
1212 Assigned to: Education, Energy, and the Environment
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Research Facilities and Testing Facilities That Use Animals – Licensing and 2
1919 Regulations 3
2020
2121 FOR the purpose of requiring each research facility and testing facility in the State that 4
2222 uses animals in research, education, or testing to be licensed by the Department of 5
2323 Agriculture; applying certain provisions of law regarding the adoption of dogs and 6
2424 cats used for scientific research purposes to testing facilities; establishing a State 7
2525 Inspector of Animal Welfare in the Department to inspect research facilities and 8
2626 testing facilities; requiring a research facility and a testing facility to notify the State 9
2727 Inspector of certain violations; requiring a school or an institution of higher 10
2828 education that uses animals for certain purposes to submit a report on the results of 11
2929 certain inspections to the General Assembly on or before a certain date each year; 12
3030 establishing the Animals in Research Fund as a special, nonlapsing fund; requiring 13
3131 interest earnings of the Fund to be credited to the Fund; and generally relating to 14
3232 research facilities and testing facilities that use animals in research, education, or 15
3333 testing. 16
3434
3535 BY adding to 17
3636 Article – Agriculture 18
3737 Section 15–101, 15–102, and 15–104 through 15–108 19
3838 Annotated Code of Maryland 20
3939 (2016 Replacement Volume and 2024 Supplement) 21
4040
4141 BY repealing and reenacting, with amendments, 22
4242 Article – Agriculture 23
4343 Section 15–101 to be under the amended title “Title 15. Research Facilities and 24
4444 Testing Facilities That Use Animals” 25
4545 Annotated Code of Maryland 26
4646 (2016 Replacement Volume and 2024 Supplement) 27
4747
4848 BY repealing and reenacting, without amendments, 28 2 SENATE BILL 535
4949
5050
5151 Article – State Finance and Procurement 1
5252 Section 6–226(a)(2)(i) 2
5353 Annotated Code of Maryland 3
5454 (2021 Replacement Volume and 2024 Supplement) 4
5555
5656 BY repealing and reenacting, with amendments, 5
5757 Article – State Finance and Procurement 6
5858 Section 6–226(a)(2)(ii)204. and 205. 7
5959 Annotated Code of Maryland 8
6060 (2021 Replacement Volume and 2024 Supplement) 9
6161
6262 BY adding to 10
6363 Article – State Finance and Procurement 11
6464 Section 6–226(a)(2)(ii)206. 12
6565 Annotated Code of Maryland 13
6666 (2021 Replacement Volume and 2024 Supplement) 14
6767
6868 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
6969 That the Laws of Maryland read as follows: 16
7070
7171 Article – Agriculture 17
7272
7373 Title 15. Research Facilities [that] AND TESTING FACILITIES THAT Use [Dogs or Cats] 18
7474 ANIMALS. 19
7575
7676 15–101. 20
7777
7878 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 21
7979 INDICATED. 22
8080
8181 (B) (1) “RESEARCH FACILITY ” MEANS ANY FACILITY I N THE STATE THAT 23
8282 USES LIVE ANIMALS FOR RESEARCH , EDUCATION, OR EXPERIMENTATION . 24
8383
8484 (2) “RESEARCH FACILITY ” DOES NOT INCLUDE : 25
8585
8686 (I) A PARTNERSHIP , A CORPORATION , AN ASSOCIATION , AN 26
8787 INSTITUTION, AN ORGANIZATION , OR ANY OTHER ENTITY IN T HE STATE THAT 27
8888 PROVIDES ONLY BENEFI CIAL SERVICES TO AN ANIMAL, SUCH AS SPAYING AND 28
8989 NEUTERING; OR 29
9090
9191 (II) A SCHOOL OR AN INSTITU TION OF HIGHER EDUCA TION. 30
9292
9393 (C) “STATE INSPECTOR” MEANS THE STATE INSPECTOR OF ANIMAL 31
9494 WELFARE ESTABLISHED U NDER § 15–104 OF THIS TITLE. 32
9595 SENATE BILL 535 3
9696
9797
9898 (D) (1) “TESTING FACILITY ” MEANS A PUBLIC OR PR IVATE 1
9999 PARTNERSHIP , CORPORATION , ASSOCIATION, ORGANIZATION , OR OTHER ENTITY IN 2
100100 THE STATE THAT USES ANIMA LS FOR THE TESTING O F: 3
101101
102102 (I) CHEMICAL SUBSTANCES ; 4
103103
104104 (II) INGREDIENTS ; 5
105105
106106 (III) DRUGS; 6
107107
108108 (IV) VACCINES; 7
109109
110110 (V) PRODUCTS; OR 8
111111
112112 (VI) PRODUCT FORMULATIONS . 9
113113
114114 (2) “TESTING FACILITY ” INCLUDES A PARTNERSH IP, A 10
115115 CORPORATION , AN ASSOCIATION , AN ORGANIZATION , OR ANY OTHER ENTITY IN THE 11
116116 STATE THAT IS OWNED , LEASED, OR OPERATED BY A PUBLIC OR PRIVATE EN TITY. 12
117117
118118 (3) “TESTING FACILITY” DOES NOT INCLUDE : 13
119119
120120 (I) A PARTNERSHIP , A CORPORATION , AN ASSOCIATION , AN 14
121121 INSTITUTION, AN ORGANIZATION , OR ANY OTHER ENTITY IN THE STATE THAT 15
122122 PROVIDES ONLY BENEFI CIAL SERVICES TO AN ANIMAL, SUCH AS SPAYI NG AND 16
123123 NEUTERING; OR 17
124124
125125 (II) A SCHOOL OR AN INSTITU TION OF HIGHER EDUCA TION. 18
126126
127127 15–102. 19
128128
129129 (A) EACH RESEARCH FACILITY AND TESTING FACILITY MUS T BE LICENSED 20
130130 BY THE DEPARTMENT TO USE ANI MALS IN RESEARCH , EDUCATION, OR TESTING. 21
131131
132132 (B) THE DEPARTMENT SHALL ISSU E A LICENSE TO A RESEARCH FACILITY 22
133133 OR TESTING FACILITY THA T: 23
134134
135135 (1) PASSES AN INSPECTION CONDUCTED BY THE STATE INSPECTOR 24
136136 UNDER § 15–104 OF THIS TITLE; AND 25
137137
138138 (2) AGREES TO COMPLY WITH THE INSPECTION AND R EPORTING 26
139139 REQUIREMENTS OF THIS TITLE. 27
140140 4 SENATE BILL 535
141141
142142
143143 (C) THE DEPARTMENT SHALL CHAR GE A LICENSING FEE T O: 1
144144
145145 (1) A RESEARCH FACILITY OR TESTING FACILITY THA T USES ANIMALS 2
146146 NOT COVERED UNDER TH E FEDERAL ANIMAL WELFARE ACT; AND 3
147147
148148 (2) COVER THE COSTS OF IM PLEMENTING THIS TITL E. 4
149149
150150 [15–101.] 15–103. 5
151151
152152 (a) (1) In this section the following words have the meanings indicated. 6
153153
154154 (2) “Animal rescue organization” includes: 7
155155
156156 (i) A nonprofit organization incorporated for the purpose of rescuing 8
157157 animals in need and finding permanent adoptive homes for the animals; and 9
158158
159159 (ii) A government–operated animal control unit that provides 10
160160 animals for adoption. 11
161161
162162 (3) [“Research facility” includes: 12
163163
164164 (i) A higher education research facility; 13
165165
166166 (ii) A scientific research facility; 14
167167
168168 (iii) A medical research facility; and 15
169169
170170 (iv) A product testing facility. 16
171171
172172 (4)] “Scientific research purposes” includes: 17
173173
174174 (i) Investigation; 18
175175
176176 (ii) Experimentation; 19
177177
178178 (iii) Instruction; and 20
179179
180180 (iv) Testing. 21
181181
182182 (b) This section applies to a dog or cat that, in the determination of an attending 22
183183 veterinarian, is suitable for adoption. 23
184184
185185 (c) A research facility OR TESTING FACILITY located in the State in which dogs 24
186186 or cats are used for scientific research purposes shall take reasonable steps to provide for 25
187187 the adoption of a dog or cat that, in the determination of the research facility OR TESTING 26
188188 FACILITY, is no longer needed for scientific research purposes by: 27 SENATE BILL 535 5
189189
190190
191191
192192 (1) Establishing a private placement process to provide for the adoption of 1
193193 a dog or cat; 2
194194
195195 (2) Establishing a list of animal rescue organizations that are approved by 3
196196 the research facility OR TESTING FACILITY and are willing to take a dog or cat from the 4
197197 research facility OR TESTING FACILITY ; and 5
198198
199199 (3) Offering the dog or cat to the animal rescue organizations identified in 6
200200 the list established under item (2) of this subsection if the research facility OR TESTING 7
201201 FACILITY is unable to place the dog or cat through its private placement process. 8
202202
203203 (d) A research facility OR TESTING FACILITY may enter into a collaborative 9
204204 agreement with an animal rescue organization for the purpose of carrying out the 10
205205 provisions of this section. 11
206206
207207 15–104. 12
208208
209209 (A) THERE IS A STATE INSPECTOR OF ANIMAL WELFARE IN THE 13
210210 DEPARTMENT . 14
211211
212212 (B) (1) THE STATE INSPECTOR SHALL : 15
213213
214214 (I) INSPECT EACH RESEARCH FACILITY AND TESTING FACILITY 16
215215 APPLYING FOR A LICEN SE UNDER THIS TITLE ; 17
216216
217217 (II) INSPECT AT LEAST ONCE EVERY YEAR EACH RESEARCH 18
218218 FACILITY AND TESTING FACILITY THA T: 19
219219
220220 1. HAS AN ACTIVE LICEN SE ISSUED UNDER THIS TITLE; 20
221221 BUT 21
222222
223223 2. IS NOT REGISTERED BY THE U.S. DEPARTMENT OF 22
224224 AGRICULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT; AND 23
225225
226226 (III) INSPECT AT LEAST ONCE EVERY OTHER YEAR EAC H 24
227227 RESEARCH FACILITY AND TESTING FACILITY : 25
228228
229229 1. FOR WHICH A LICENSE HAS BEEN ISSUED UNDER THIS 26
230230 TITLE; AND 27
231231
232232 2. REGISTERED BY THE U.S. DEPARTMENT OF 28
233233 AGRICULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT. 29
234234 6 SENATE BILL 535
235235
236236
237237 (2) THE DEPARTMENT MAY ENTER INTO AN AGREEMENT WI TH AN 1
238238 ANIMAL WELFARE ORGAN IZATION, A LOCAL ANIMAL CONTR OL AGENCY , OR 2
239239 ANOTHER SIMILAR ENTI TY TO CONDUCT THE IN SPECTIONS REQUIRED U NDER THIS 3
240240 SUBSECTION. 4
241241
242242 (C) (1) A RESEARCH FACILITY OR TESTING FACILITY SHA LL NOTIFY THE 5
243243 STATE INSPECTOR WITHIN 30 DAYS AFTER RECEIPT O F ANY VIOLATION 6
244244 NOTIFICATION THE RESEARCH FACILITY OR TESTING FACILITY RECEIVE S FOR A 7
245245 VIOLATION OF THE FED ERAL ANIMAL WELFARE ACT OR THE REGULATION S 8
246246 ADOPTED UNDER THE ACT. 9
247247
248248 (2) THE STATE INSPECTOR SHALL INSPE CT A RESEARCH FACILITY 10
249249 OR TESTING FACILITY WIT HIN 30 DAYS AFTER RECEIVING NOTIFICATION FROM TH E 11
250250 RESEARCH FACILITY OR TESTING FACILITY THA T IT IS IN VIOLATION OF THE 12
251251 FEDERAL ANIMAL WELFARE ACT OR THE REGULATION S ADOPTED UNDER THE ACT. 13
252252
253253 15–105. 14
254254
255255 (A) ON OR BEFORE DECEMBER 31 EACH YEAR , A SCHOOL OR AN 15
256256 INSTITUTION OF HIGHE R EDUCATION THAT USE S ANIMALS FOR THE SA ME PURPOSE 16
257257 AS A RESEARCH FACILI TY OR TESTING FACILI TY SHALL REPORT TO T HE GENERAL 17
258258 ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 18
259259 ON THE RESULTS OF AN Y INSPECTION OF THE SCHOOL OR THE INSTIT UTION OF 19
260260 HIGHER EDUCATION PER FORMED BY THE AGENCY THAT REGULATE S THE USE OF 20
261261 ANIMALS BY THE SCHOO L OR THE INSTITUTION OF HIGHER EDUCATION . 21
262262
263263 (B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 22
264264 SHALL INCLUDE ANY VI OLATIONS FOUND DURIN G AN INSPECTION . 23
265265
266266 15–106. 24
267267
268268 (A) IN THIS SECTION, “FUND” MEANS THE ANIMALS IN RESEARCH FUND. 25
269269
270270 (B) THERE IS AN ANIMALS IN RESEARCH FUND. 26
271271
272272 (C) THE PURPOSE OF THE FUND IS TO COVER THE COSTS ASSOCIATED WIT H 27
273273 THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR. 28
274274
275275 (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 29
276276
277277 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 30
278278 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 31
279279 SENATE BILL 535 7
280280
281281
282282 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
283283 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
284284
285285 (F) THE FUND CONSISTS OF: 3
286286
287287 (1) LICENSING FEES CHARGE D BY THE DEPARTMENT UNDER § 4
288288 15–102 OF THIS TITLE; 5
289289
290290 (2) PENALTIES COLLECTED U NDER § 15–107 OF THIS TITLE; 6
291291
292292 (3) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 7
293293
294294 (4) INTEREST EARNINGS ; AND 8
295295
296296 (5) ANY OTHER MONEY FRO M ANY OTHER SOURCE A CCEPTED FOR 9
297297 THE BENEFIT OF THE FUND. 10
298298
299299 (G) THE FUND MAY BE USED ONLY TO COVER THE COSTS A SSOCIATED WITH 11
300300 THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR. 12
301301
302302 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 13
303303 IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 14
304304
305305 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 15
306306 THE FUND. 16
307307
308308 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17
309309 WITH THE STATE BUDGET . 18
310310
311311 (J) MONEY EXPENDED FROM T HE FUND FOR THE COST S ASSOCIATED WITH 19
312312 THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR IS 20
313313 SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 21
314314 OTHERWISE WOULD BE A PPROPRIATED FOR THES E COSTS. 22
315315
316316 15–107. 23
317317
318318 A RESEARCH FACILITY OR TESTING FACILITY THA T VIOLATES THIS TITLE IS 24
319319 SUBJECT TO: 25
320320
321321 (1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $1,000; AND 26
322322
323323 (2) FOR A SECOND OR SUBSE QUENT OFFENSE , A FINE NOT 27
324324 EXCEEDING $5,000. 28 8 SENATE BILL 535
325325
326326
327327
328328 15–108. 1
329329
330330 THE DEPARTMENT SHALL ADOP T REGULATIONS TO : 2
331331
332332 (1) CARRY OUT THIS TITLE ; AND 3
333333
334334 (2) ENSURE THE HUMANE TRE ATMENT AND CARE OF D OGS AND CATS 4
335335 THAT ARE USED FOR RE SEARCH, EDUCATION, OR TESTING CONSISTEN T WITH THE 5
336336 FEDERAL ANIMAL WELFARE ACT AND CORRESPONDING REGULATIONS . 6
337337
338338 Article – State Finance and Procurement 7
339339
340340 6–226. 8
341341
342342 (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 9
343343 through 2028. 10
344344
345345 2. Notwithstanding any other provision of law, and unless 11
346346 inconsistent with a federal law, grant agreement, or other federal requirement or with the 12
347347 terms of a gift or settlement agreement, net interest on all State money allocated by the 13
348348 State Treasurer under this section to special funds or accounts, and otherwise entitled to 14
349349 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 15
350350 Fund of the State. 16
351351
352352 (ii) The provisions of subparagraph (i) of this paragraph do not apply 17
353353 to the following funds: 18
354354
355355 204. the Victims of Domestic Violence Program Grant Fund; 19
356356 [and] 20
357357
358358 205. the Proposed Programs Collaborative Grant Fund; AND 21
359359
360360 206. THE ANIMALS IN RESEARCH FUND. 22
361361
362362 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
363363 October 1, 2025. 24
364364