BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1417|
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THIRD READING
Bill No: SB 1417
Author: Cox (R), et al
Amended: 5/18/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Corporations for prevention of cruelty to
animals
SOURCE : Placer County Board of Supervisors
State Humane Association of California
California State Sheriffs Association
DIGEST : This bill implements new procedures and
requirements for the appointment, and subsequent training,
of humane officers by non-profit organizations formed for
the purpose of preventing cruelty to animals.
ANALYSIS : 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. The articles of incorporation for these corporations
must 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
CONTINUED
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located. (Corp. Code Sec. 10401.)
This bill eliminates the option of endorsement by the
Department of Justice and would require the society's
articles of incorporation to be endorsed by a judge.
This bill creates a formal judicial proceeding for the
endorsement of articles of incorporation designated as a
special proceeding.
This bill requires humane societies to serve a copy of the
application for endorsement to the State Humane Association
of California, the Department of Justice, California
Highway Patrol and city police departments, the sheriff's
department having jurisdiction in the county in which the
society is located, and on the animal control agencies in
that county. This bill would authorize those parties to
file opposition to the application and for the filer to
reply, as specified. Both the application and opposition
would be required to contain evidence to enable the court
to make a decision regarding the need for the corporation.
This bill requires that a society's articles of
incorporation be endorsed for at least five years before a
humane society may submit an application for endorsement.
However, this would not apply to humane societies
incorporated before January 1, 2011.
This bill also requires that the society have been
operating an animal shelter for at least three years or
have a written agreement with another entity such as a
public animal control shelter or licensed veterinary
clinic, that provides for the humane care and treatment of
any animals seized and the preservation of evidence.
This bill requires that the society have been in compliance
with all applicable federal, state, and local laws for at
least five years.
Existing law requires a city, 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. (Corp. Code Sec. 14501.)
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This bill instead authorizes local governments to enter
into contracts with humane societies for the enforcement of
laws for the prevention of cruelty to animals, and would
also permit these societies to enforce these laws without a
contract.
This bill deletes obsolete references to pertaining to
humane societies formed for the prevention of cruelty to
children.
Existing law provides that only a society for the
prevention of cruelty to animals is eligible to apply for
an appointment of any individual to a level 1 or level 2
humane officer. The duty of a humane officer is to enforce
the laws for the prevention of cruelty to animals. (Corp.
Code Sec.14502(a)(1)(A).)
Existing law requires that any corporation that has been
formed for the purpose of the prevention of cruelty to
animals and has insurance of at least $1 million for
liability for bodily injury or property damage may appoint
any amount of persons as humane officers, as long as those
individuals are California citizens and the training
guidelines have been met. Appointment by the corporation
may only be done after the corporation has been
incorporated for 6 months, upon resolution by its board of
directors or trustees, and entered into its minutes.
(Corp. Code Secs. 14502(a)(2), 14502(a)(3).)
Existing law requires that the 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, and must provide
documentation demonstrating that the individual has
completed specified training requirements. Upon receipt of
a report from the Department of Justice of the appointee's
record, if any, 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.
(Corp. Code Secs. 14502(a)(1)(B), 14502(i).)
Existing law requires that before a humane society or
society for the prevention of cruelty to animals appoints a
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humane officer, the society must notify the sheriff of the
county in which the society is incorporated of the
society's intent to enforce laws pertaining to the
prevention of cruelty to animals. (Corp. Code Sec.
14502(n).)
Existing law provides that a corporation which has
appointed an officer may revoke that appointment at any
time upon filing with the county's clerk office in which
the appointment of the officer is recorded. Additionally,
an authorized sheriff, local police agency, or the State
Humane Association of California may initiate a revocation
hearing by petition. (Corp. Code Sec. 14502(g).)
Existing law provides that all appointments of humane
officers automatically expire within three years from the
date a copy of the court order certifying his or her
appointment was filed with the county clerk. Officers
whose appointments are about to expire may only be
reappointed after completing the continuing education and
training. (Corp. Code Sec. 14502(f).)
This bill further requires a society seeking reaffirmation
of an appointment of a humane officer to serve a copy of
the application on the parties that the society would be
required to serve with a copy of its application for
endorsement, and would provide comparable rights and
procedures for those parties to object in court.
This bill requires 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.
This bill requires a party petitioning for a revocation of
the appointment of a humane officer to serve copies on the
State Humane Association of California, the Department of
Justice, and each law enforcement agency and animal control
agency having jurisdiction in the county in which the
society is located.
This bill prescribes specific law and motion requirements
for revocation hearings.
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Existing law prescribes the powers and qualifications of
level 1 and level 2 humane officers. Level 1 humane
officers are authorized to carry firearms, subject to
specified requirements, including background checks and
mental and physical evaluations. (Corps. Code Sec. 14502.)
This bill requires that all humane officers, both level 1
and level 2, to complete the background checks and physical
and mental evaluations currently only required of level 1
officers.
This bill requires that humane officers complete continuing
education and training requirements during each three-year
period following his or her appointment. Level 1 humane
officers would additionally be required to complete weapons
training and range qualifications every six months. All
humane officers would be required to file certificates of
compliance with the Department of Justice at the end of the
three-year or six-month period. Failure to comply with the
ongoing training requirements would result in revocation of
the humane officer's appointment at the end of a three-year
term.
This bill authorizes the Department of Justice and local
agencies to charge a fee to cover the reasonable costs of
maintaining the certificates of compliance.
Existing law requires the Department of Justice to maintain
state summary criminal history information, as defined, and
to provide that information to persons holding specified
occupations including, without limitation, probation
officers and parole officers.
Existing law requires local criminal justice agencies to
maintain similar information and provide that information
to specified agencies and persons holding specified
occupations. (Pen. Code Secs. 11105, 13300.)
This bill adds humane officers to the specified persons to
whom the Department of Justice and local criminal justice
agencies are required to provide the criminal history
information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 5/18/10)
Placer County Board of Supervisors (co-source)
State Humane Association of California (co-source)
California State Sheriffs Association (co-source)
American Society for the Prevention of Cruelty to Animals
California Animal Control Directors Association
California State Association of Counties
Humane Society of the United States
Judicial Council
Peace Officers Research Association of California
OPPOSITION : (Verified 5/18/10)
Animal Legal Defense Fund
Antelope Valley Kennel Club, Inc.
Humane Society of the Sierra Foothills
League of Placer County Taxpayers
National Animal Control Association
Riverside Humane Society
Riverside Humane Society Pet Adoption Center
Social Compassion in Legislation
ARGUMENTS IN SUPPORT : According to the author's office:
A Placer County non-profit corporation that never
officially became a Humane Society attempted to
appoint Humane Officers. The Sheriff was provided
with inadequate notice of this organization's
attempts, and consequently, had to resort to a
petition to revoke these [appointments] under
[Corporations Code] Section 14502(g)(2). The
litigation took approximately two and a half years to
resolve. During the course of the litigation, various
deficiencies and ambiguities in the statutes became
evident. Upon hearing that Placer County intended to
sponsor legislation, the State Humane Association of
California provided additional, more comprehensive
amendments that would address various deficiencies and
ambiguities it has become aware of in its official
capacity.
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ARGUMENTS IN OPPOSITION : The opposition states that this
bill "is a harmful bill. It would effectively abolish the
100 year old Humane Society/Humane Officer institution in
California. It would also cost the State millions of
dollars, yet provide no positive benefits for any person in
the State other than animal abusers. It would remove
irreplaceable, needed protections for abused animals in the
State.
"For over 100 years, California law has provided for the
formation of Humane Societies (aka: Societies for the
Prevention of Cruelty to Animals) to assist government law
enforcement in enforcing animal abuse laws. Only Humane
Societies can appoint Humane Officers to act as enforcement
officers in enforcing animal abuse laws. Over the last 100
years Humane Officers have provided countless hours of
animal abuse investigation and reporting that has prevented
and stopped terrible animal abuses - typically at no cost
to the State.
"The Humane Society/Humane Officer codes were revised in
1995 to provide additional training and oversight
requirements for Humane Officer appointments. Since that
time (and, in fact, since 1900) there have been essentially
no valid incidents of Humane Society/Humane Officer
misconduct. There is no need for revisions in the code."
Opponents further state that this bill "would impose
staggering legal procedures prior to its incorporation -
procedures not required for any other corporation type in
the State. Present code requires 20 citizens to form and
seek an endorsement of the forming society's articles by
either the DOJ or the Court. SB 1417 would require an
adversarial proceeding for endorsement - with every law
enforcement agency and every animal control agency in the
county as adversarial parties. Few, if any, citizens
wishing to form a new Humane Society/ SPCA will have the
resources and fortitude to take on this battle. No new
Humane Societies/SPCA's will form if SB 1417 passes. SB
1417 discriminates against new Societies - in favor of
existing Societies.
"If a new Humane Society does pass the legal hurdles, under
SB 1417 it then must wait 5 years before it can appoint a
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Humane Officer. Then, the appointment is again subject to
an adversarial proceeding facing all the law enforcement
and animal control agencies in the county - plus the
California Highway Patrol. SB 1417 also requires onerous
reporting requirements - designed to make it impractical
for most existing Societies to appoint or maintain Humane
Officers. The practical result of these provisions is
that no new Humane Officers from new Humane Societies will
be appointed. Existing Humane Officers will dwindle from
attrition. The Humane Society/ Humane Officer institution
in California will cease to exist. (Note: Most every
state has Humane Officers assisting in animal protection.
California would be unique in losing its Humane Officers.)"
RJG:nl 5/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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