BILL ANALYSIS SB 1417 Page 1 Date of Hearing: August 4, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1417 (Cox) - As Amended: August 2, 2010 Policy Committee: JudiciaryVote:9-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill increases the professional standards and oversight regarding the appointment of humane officers. Specifically, this bill: 1)Repeals the requirement that a humane society's articles of incorporation must be endorsed either by the Department of Justice (DOJ) or by the judge of the superior court and instead permits a corporation for the prevention of cruelty of animals (humane society) to form under the Nonprofit Public Benefit Corporation Law. 2)Eliminates the requirement that a city or county pay up to $500 per month to a society actively engaged in enforcing state laws for the prevention of cruelty to animals or children, and instead authorizes local governments to enter into contracts with humane societies for the enforcement of laws for the prevention of cruelty to animals, but also permits these societies to enforce these laws without a contract. 3)Requires a humane society seeking to appoint a humane officer to file a Petition for Order Confirming Appointment of a Humane Officer, including specified information, with the superior court of the county in which its principal office is located, in compliance with the specified rules, including requiring the society to: a) Obtain criminal record offender information regarding the appointee from the Department of Justice (DOJ). b) Serve a copy of the petition on the following, each of SB 1417 Page 2 whom may file an opposition to the petition: (1) the local police department; (2) the local sheriff's department; (3) the CHP; (4) the State Humane Association of California; (5) and DOJ. 4)Specifies certain conditions upon which the court is required to deny the petition without further consideration if the society cannot demonstrate in its submitted materials that: a) In the case of a petition to appoint a level 1 humane officer, at least five years have elapsed between the date the society filed its articles of incorporation and filed the petition. In the case of a petition to appoint a level 2 humane officer, at least one year must have elapsed. (Current law only requires six months for level 1 and level 2 officers.) b) The society has a written agreement with another entity that provides for the humane care and treatment of any animals seized by the society and meets other specified requirements, or the society may operate its own animal shelter and meet the other requirements. 5)Requires the court to determine whether or not to confirm the humane officer appointment. 6)Provides that any humane officer confirmed prior to January 1, 2012 shall not be required to seek a new court order confirming his or her appointment, but that a level 2 humane officer shall file a certificate of compliance with criminal background requirements, as specified, with the DOJ on or before January 1, 2012, or that humane officer's appointment will be immediately revoked. 7)Requires that all level 1 and level 2 humane officers complete the background checks and physical and mental evaluations currently required only of level 1 officers, and requires a level 2 humane officer to provide proof of compliance with criminal background check requirements, as specified, by filing a certificate of compliance with the DOJ by January 1, 2012, or that humane officer's appointment will be immediately revoked. 8)Requires humane officers to complete continuing education and training requirements during each three-year period following SB 1417 Page 3 his or her appointment. Requires Level 1 humane officers to complete additional weapons training and range qualifications every six months. Requires all humane officers 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 shall result in revocation of the humane officer's appointment at the end of a three-year term. 9)Authorizes the DOJ to charge a reasonable fee sufficient to cover costs of maintaining various records of Orders, certificates of compliance, and other documents. FISCAL EFFECT 1)For at least the first few years following enactment, the DOJ would require one-half position, at an annual cost of about $40,000 to establish a database, ensure timely compliance by existing and new humane officers with the background check and other certification requirements, and maintain all relevant records. Given the relatively small numbers of humane officers statewide, over time these costs should decline. In addition to the standard $32 fee for a criminal background check, the department, in order to cover its staffing costs, would have to charge each humane officer a fee of around $1,000 for a certificate of completion in the first two years. (This assumes around 40 officers would seek the certification during this period.) After two years, the fee for a certificate, assuming 20 per year, would have to be around $2,000 to cover DOJ's staff costs. Given that the human officers are volunteers, these fee levels may be unreasonably high, thus requiring the General Fund to instead bear some portion of DOJ's costs. 2)The courts, recognizing the limited number of humane officers, believes that the bill will only result in minor additional workload, and more importantly, will provide a cost-effective alternative to improve the existing process for approving new humane officers. 3)Any costs for local governments, such as sheriffs or police, are non-reimbursable because they are afforded the opportunity, but not required, to file an opinion with the court regarding a pending petition for a humane officer position. SB 1417 Page 4 COMMENTS 1)Background . Humane officers work to enforce the state's animal welfare laws, but may be appointed only by a private non-profit humane society formed under California's Corporations Code. Appointment must be followed by judicial confirmation of the appointment petition before a person enjoys humane officer authority under the law. Existing law explicitly provides that "a humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state." A humane officer's scope of powers can vary, depending on the level of training and animal welfare education, but can include the ability to exercise the powers of a peace officer in order to prevent animal cruelty, make arrests, serve search warrants, and, for level 1 officers, to carry firearms. According to the SHAC, there are approximately 75 humane officers statewide, the majority of which work for a humane society that is a member of SHAC and are level 2 officers (not authorized to carry firearms). 2)Purpose . This bill is sponsored by the Placer County Board of Supervisors, the California State Sheriffs' Association, and the State Humane Association of California (SHAC), a non-profit membership association of humane societies with over 130 member organizations in the state. This bill significantly revises current law by imposing new procedures and requirements for the appointment of humane officers by non-profit corporations formed for the purpose of preventing cruelty to animals (customarily referred to as "humane societies.") According to supporters, the overall purpose of this bill is to strengthen inadequate existing law and "raise the professional bar" for the formation of humane societies and the appointment of humane officers. Because humane officers have certain search, seizure, and arrest powers under existing law, the author believed this bill is needed to "increase the standards for humane officers." The most recent amendments represent an effort by the author, sponsors and Assembly Judiciary Committee to meet the objectives of quality and oversight, while simultaneously attempting to address concerns from the opposition that new requirements would effectively deter new humane officers from being appointed. SB 1417 Page 5 3)Opposition . The League of Placer County Taxpayers is concerned that the bill will increase costs to humane societies for the appointment of humane officers, and argues that the current process has worked well. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081