BILL NUMBER: SB 1417	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cox
   (Principal coauthor: Assembly Member Smyth)
   (Coauthor: Assembly Member Beall)

                        FEBRUARY 19, 2010

   An act to amend Sections 10402, 10405, 14501, and 14502 of the
Corporations Code, relating to corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1417, as introduced, Cox. Corporations for prevention of
cruelty to children or animals.
   Existing law authorizes corporations for the prevention of cruelty
to children or animals, or both, to be formed under the Nonprofit
Public Benefit Corporation Law and requires the articles of
incorporation for those corporations to be endorsed, as evidence of
necessity, by the Department of Justice or by a judge of the superior
court of the county in which the society's principal office is
located, as specified.
   This bill would require these societies to provide a copy of the
application for endorsement to each law enforcement agency and animal
control agency having jurisdiction in the county in which the
society proposes to operate. The bill would also require a judge to
request and consider advice from each of these agencies prior to
granting the endorsement.
    Existing law requires magistrates, sheriffs, and officers of
police to aid these societies in enforcing laws relating to children
or animals and requires a city or county, or city and county, to pay
up to $500 per month to a society actively engaged in enforcing state
laws for the prevention of cruelty to animals or children.
   This bill would instead authorize local governments to enter into
contracts with these societies for the enforcement of these laws. The
bill would also provide that a magistrate, sheriff, and an officer
of police shall not be held civilly or criminally liable for any
action within the scope of his or her employment taken in reliance
upon information provided by the society, its officers, members, or
agents.
   Existing law requires a humane society or society for the
prevention of cruelty to animals that proposes to appoint a humane
officer to submit an application for appointment to a judge of the
superior court for the county in which the society is located,
including a copy of the resolution appointing the person, and
documentation that the person has satisfactorily completed required
training, as specified. Upon receipt of a report from the Department
of Justice of the record, if any, of the proposed appointee, existing
law requires the judge to review the appointee's qualifications and
fitness to act as a humane officer, and either confirm or deny the
appointment.
   This bill would require these societies to provide copies of these
documents to each law enforcement agency and animal control agency
having jurisdiction in the county in which the society is located, as
specified. The bill would also require the judge, in determining
whether to confirm the appointment, to consider any documentation
submitted to the judge in support of, or opposition to, the proposed
appointment.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10402 of the Corporations Code is amended to
read:
   10402.   (a)    The endorsement of a judge of
the superior court shall not be granted, however, unless the
endorsement of the Department of Justice has been first refused or
withheld for more than 90 days. If the endorsement of the Department
of Justice is withheld for more than 90 days, or refused, application
may be made to the judge of the superior court of the county in
which the principal office of the corporation is located, and if,
after giving due consideration to the necessity of  such
  the  corporation  and to any advice received
pursuant to subdivision (b)  and assuring himself  or
herself  that the incorporators are acting in good faith, the
judge so desires, he  or she  may endorse the articles. 

   (b) The corporation shall provide a copy of the application
described in subdivision (a) to each law enforcement agency and
animal control agency having jurisdiction in the county in which the
corporation proposes to operate. Prior to making the determination
described in subdivision (a), a judge of the superior court shall
request and consider advice from each of those law enforcement
agencies and animal control agencies. 
  SEC. 2.  Section 10405 of the Corporations Code is amended to read:

   10405.  All magistrates, sheriffs, and officers of police shall,
as occasion may require, aid any such corporation, its officers,
members, and agents, in the enforcement of all laws relating to or
affecting children or animals.  A magistrate, sheriff, and an
officer of police shall not be held civilly or criminally liable for
any action within the scope of his or her employment taken in
reliance upon information provided by the corporation, its officers,
members, or agents. 
  SEC. 3.  Section 14501 of the Corporations Code is amended to read:

   14501.  Every society, incorporated and organized for the
prevention of cruelty to animals, or for the prevention of cruelty to
children,  may, in each   may enter into a
contract with any  city, or city and county, or county, where
the society  exists, while actively engaged in enforcing
  is located, to enforce  the provisions of laws of
this state  , now or hereafter enacted,  for the
prevention of cruelty to animals, or children, or arresting, or
prosecuting offenders thereunder or preventing cruelty to animals or
children  , be paid as compensation therefor, from the city
or county, or city and county general fund, by the board of
supervisors or other governing body thereof, a sum not exceeding five
hundred dollars ($500) per calendar month, in the same manner as
other claims against said city or county, or city and county, are
paid  .
  SEC. 4.  Section 14502 of the Corporations Code is amended to read:

   14502.  (a) (1) (A) (i) On and after July 1, 1996, no entity,
other than a humane society or society for the prevention of cruelty
to animals, shall be eligible to apply for an appointment of any
individual as a level 1 or level 2 humane officer, the duty of which
shall be the enforcement of the laws for the prevention of cruelty to
animals.
   (ii) On and after July 1, 1996, only a person who meets the
requirements of this section may be appointed as, or perform the
duties of, a humane officer.
   (iii) Any person appointed as a humane officer prior to July 1,
1996, may continue to serve as a humane officer until the expiration
of the term of appointment only if the appointing agency maintains
records pursuant to subparagraph (C) documenting that both the
appointing agency and the humane officer meet the requirements of
this section.
   (B) Each humane society or society for the prevention of cruelty
to animals that makes application to the court for the appointment of
an individual to act as a level 1 or level 2 humane officer for the
humane society or society for the prevention of cruelty to animals
shall provide with the application documentation that demonstrates
that the person has satisfactorily completed the training
requirements set forth in subdivision (i).
   (C) Each humane society or society for the prevention of cruelty
to animals for which an individual is acting as a level 1 or level 2
humane officer shall maintain complete and accurate records
documenting that the individual has successfully completed all
requirements established in this section and shall make those records
available, upon request, to the superior court, the Attorney
General, or any entity duly authorized to review that information,
including the State Humane Association of California. The records
shall include the full name and address of each level 1 or level 2
humane officer.
   (2) Any corporation incorporated for the purpose of the prevention
of cruelty to animals that possesses insurance of at least one
million dollars ($1,000,000) for liability for bodily injury or
property damage may, six months after the date of its incorporation
and by resolution of its board of directors or trustees duly entered
on its minutes, appoint any number of persons, who shall be citizens
of the State of California, as humane officers, provided that the
individuals to be appointed have met the training guidelines set
forth in subdivision (i).
   (3) Each appointment of a humane officer shall be by separate
resolution. The resolution shall state the full name and address of
the appointing agency, the full name of the person so appointed, and
the fact that he or she is a citizen of the State of California, and
shall also designate the number of the badge to be allotted to the
officer.
   (b)  (1)    The humane society or society for
the prevention of cruelty to animals shall recommend any appointee to
the judge of the superior court in and for the county or city and
county in which the humane society is  incorporated 
 located  , and shall deliver to the judge a copy of the
resolution appointing the person, duly certified to be correct by the
president and secretary of the corporation and attested by its seal,
together with the fingerprints of the appointee taken on standard
8X8-inch cards, proof of the society's proper incorporation in
compliance with Part 9 (commencing with Section 10400) of Division 2,
a copy of the society's liability for bodily injury or property
damage insurance policy in the amount of at least one million dollars
($1,000,000), and documentation establishing that the appointee has
satisfactorily completed the training requirements set forth in this
section. 
   (2) The humane society or society for the prevention of cruelty to
animals shall deliver a copy of the resolution and documentation of
training described in paragraph (1), within two business days
following filing of the application for appointment with the judge,
to each law enforcement agency and animal control agency having
jurisdiction in the county in which the society is located. 
   (c) The judge shall send a copy of the resolution, together with
the fingerprints of the appointee, to the Department of Justice,
which shall thereupon submit to the judge, in writing, a report of
the record in its possession, if any, of the appointee. If the
Department of Justice has no record of the appointee, it shall so
report to the judge in writing.
   (d) Upon receipt of the report  ,  the judge shall review
the matter of the appointee's qualifications and fitness to act as a
humane officer , taking into consideration any documentation he
or she has received in support of, or in opposition to, the person's
appointment  and, if he or she reaffirms the appointment, shall
so state on a court order confirming the appointment. The appointee
shall thereupon file a certified copy of the reviewed court order in
the office of the county clerk of the county or city and county and
shall, at the same time, take and subscribe the oath of office
prescribed for constables or other peace officers.
   (e) The county clerk shall thereupon immediately enter in a book
to be kept in his or her office and designated "Record of Humane
Officers" the name of the officer, the name of the agency appointing
him or her, the number of his or her badge, the name of the judge
appointing him or her, and the date of the filing. At the time of the
filing the county clerk shall collect from the officer a fee of five
dollars ($5), which shall be in full for all services to be
performed by the county clerk under this section.
   (f) All appointments of humane officers shall automatically expire
if the society disbands or legally dissolves. In addition, all
appointments of humane officers shall automatically expire within
three years from the date on which the certified copy of the court
order was filed with the county clerk. Officers whose appointments
are about to expire may only be reappointed after satisfactorily
completing the continuing education and training set forth in this
section.
   (g) (1) The corporation appointing an officer may revoke an
appointment at any time by filing in the office of the county clerk
in which the appointment of the officer is recorded a copy of the
revocation in writing under the letterhead of the corporation and
duly certified by its executive officer. Upon the filing the county
clerk shall enter the fact of the revocation and the date of the
filing thereof opposite the name of the officer in the record of
humane officers.
   (2) Notwithstanding paragraph (1), a revocation hearing may be
initiated by petition from any duly authorized sheriff or local
police agency or the State Humane Association of California. The
petition shall show cause why an appointment should be revoked and
shall be made to the superior court in the jurisdiction of the
appointment.
   (h) The corporation or local humane society appointing the humane
officer shall pay the training expenses of the humane officer
attending the training required pursuant to this section.
   (i) (1) (A) A level 1 humane officer is not a peace officer, but
may exercise the powers of a peace officer at all places within the
state in order to prevent the perpetration of any act of cruelty upon
any animal and to that end may summon to his or her aid any
bystander. A level 1 humane officer may use reasonable force
necessary to prevent the perpetration of any act of cruelty upon any
animal.
   (B) A level 1 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may also serve search warrants.
   (C) A level 1 humane officer is authorized to carry firearms while
exercising the duties of a humane officer, upon satisfactory
completion of the training specified in subparagraph (D) and the
basic training for a level 1 reserve officer by the Commission on
Peace Officer Standards and Training pursuant to Section 13510.1 of
the Penal Code.
   (D) A level 1 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing agency that he or she has
successfully completed courses of training in the following subjects:

   (i) At least 20 hours of a course of training in animal care
sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical
Association, the focus of which shall be the identification of
disease, injury, and neglect in domestic animals and livestock.
   (ii) At least 40 hours of a course of training in the state humane
laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
   (E) A person may not be appointed as a level 1 humane officer
until he or she has satisfied the requirements in Sections 1029,
1030, and 1031 of the Government Code. A humane society or society
for the prevention of cruelty to animals shall complete a background
investigation, using standards defined by the Commission on Peace
Officer Standards and Training as guidelines for all level 1 humane
officer appointments.
   (F) In order to be eligible for reappointment, a level 1 humane
officer shall complete ongoing weapons training and range
qualifications at least every six months pursuant to subdivision
 (s)   (t)  of Section 830.3 of the Penal
Code and shall, every three years, complete 40 hours of continuing
education and training relating to the powers and duties of a humane
officer, which education and training shall be provided by an
accredited postsecondary institution, law enforcement agency, or the
State Humane Association of California.
   (G) (i) Notwithstanding any other provision of this section, a
level 1 humane officer may carry firearms only if authorized by, and
only under the terms and conditions specified by, his or her
appointing agency.
   (ii) Notwithstanding any other provision of this section, a level
1 humane officer shall not be authorized to carry firearms unless and
until his or her appointing agency has adopted a policy on the use
of deadly force by its officers and the officer has been instructed
in that policy.
   (2) (A) A level 2 humane officer is not a peace officer, but may
exercise the powers of a peace officer at all places within the state
in order to prevent the perpetration of any act of cruelty upon any
animal and to that end may summon to his or her aid any bystander. A
level 2 humane officer may use reasonable force necessary to prevent
the perpetration of any act of cruelty upon any animal.
   (B) A level 2 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may serve search warrants during
the course and within the scope of employment, upon the successful
completion of a course relating to the exercise of the police powers
specified in Section 832 of the Penal Code, except the power to carry
and use firearms.
   (C) A level 2 humane officer is not authorized to carry firearms.
   (D) A level 2 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing agency that he or she has
successfully completed courses of training in the following subjects:

   (i) At least 20 hours of a course of training in animal care
sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical
Association, the focus of which is the identification of disease,
injury, and neglect in domestic animals and livestock.
   (ii) At least 40 hours of a course of training in the state humane
laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
   (E) In order to be eligible for reappointment, a level 2 humane
officer shall, every three years, complete 40 hours of continuing
education and training relating to the powers and duties of a humane
officer, which education and training shall be provided by an
accredited postsecondary institution, law enforcement agency, or the
State Humane Association of California.
   (j) Every humane officer shall, when making an arrest, exhibit and
expose a suitable badge to be adopted by the corporation under this
title of which he or she is a member which shall bear its name and a
number. Uniforms worn by humane officers shall prominently display
the name of the appointing agency. Humane officer uniforms shall not
display the words "state" or "California," unless part of the
appointing agency's incorporated name.
   (k) Any person resisting a humane officer in the performance of
his or her duty as provided in this section, is guilty of a
misdemeanor. Any person who has not been appointed and qualified as a
humane officer as provided in this section, or whose appointment has
been revoked as provided in this section, or whose appointment,
having expired, has not been renewed as provided in this section, who
shall represent himself or herself to be or shall attempt to act as
an officer shall be guilty of a misdemeanor.
   (  l  ) No humane officer shall serve a search warrant
without providing prior notice to local law enforcement agencies
operating within that jurisdiction.
   (m) Any humane society, society for the prevention of cruelty to
animals, or person, who knowingly provides a court with false or
forged documentation for the appointment of a humane officer, is
guilty of a misdemeanor and shall be punished by a fine of up to ten
thousand dollars ($10,000).
   (n) A humane society or a society for the prevention of cruelty to
animals shall notify the sheriff of the county in which the society
is  incorporated   located  , prior to
appointing a humane officer, of the society's intent to enforce laws
for the prevention of cruelty to animals. Humane societies or
societies for the prevention of cruelty to animals incorporated and
enforcing animal cruelty laws prior to January 1, 1996, that intend
to continue to enforce those laws, shall notify the sheriff of the
county in which the society is  incorporated  
located  by March 1, 1996.
   (o) Except as otherwise provided by this section, a humane officer
shall serve only in the county in which he or she is appointed. A
humane officer may serve temporarily in a county other than that in
which he or she is appointed if the humane officer gives notice
requesting consent to the sheriff of the county in which he or she
intends to serve, and acquires consent from the sheriff of the county
in which he or she intends to serve, or from a person authorized by
the sheriff to give that consent. A sheriff shall promptly respond to
any request by a humane officer to serve in his or her jurisdiction
and any request shall not be unreasonably denied.