BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                 THIRD READING

          Bill No:  AB 2194
          Author:   Beth Gaines (R)
          Amended:  As introduced
          Vote:     27 - Urgency

           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/12/12
          AYES:  Hancock, Anderson, Harman, Liu, Price, Steinberg
          NO VOTE RECORDED:  Calderon

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  72-0, 5/3/12 (Consent) - See last page for 

           SUBJECT  :    Corporations for prevention of cruelty to 
          animals:  humane 
                      officers criminal history

           SOURCE  :     State Humane Association of California

           DIGEST  :    This bill adds clarifying language enabling the 
          Department of Justice (DOJ) to perform a federal-level 
          criminal offender record information check on a humane 
          officer applicant.

           ANALYSIS  :    Existing law requires the DOJ to maintain 
          state summary criminal history information, as defined, and 
          to provide that information to persons holding specified 
          occupations including, to any humane society, or SPCA for 
          the specific purpose of appointing humane officers.  (Penal 


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          Code § 11105.) 

          Existing law provides that an agency, officer, or official 
          of the state, or any city or county, city and county, 
          district, or any officer or official thereof, authorized to 
          receive state summary criminal history information may also 
          transmit fingerprint images and related information to the 
          DOJ to be transmitted to the FBI.  (Penal Code § 
          11105(b)(10) and (11).)

          Existing law authorizes the DOJ to disseminate federal 
          level criminal history information received or compiled by 
          the DOJ to specified entities.  (Penal Code § 11105.)

          Existing law requires a classifiable set of the 
          fingerprints of every person employed as a peace officer of 
          the state, or of a county, city, city and county, or other 
          political subdivision, whether with or without 
          compensation, to be furnished to the DOJ and to the FBI by 
          the appropriate appointing authority of the agency by whom 
          the person is employed.  (Government Code § 1030.)

          Existing law provides that only a humane society or the 
          Society for the Prevention of Cruelty to Animals (SPCA) is 
          eligible to petition for confirmation of an appointment of 
          an individual as a humane officer.  The duty of a humane 
          officer is to enforce the laws for the prevention of 
          cruelty to animals.  (Corporations Code § 14502(a)(1)(A).)

          Existing law requires that the humane society or SPCA 
          seeking confirmation of a humane officer's appointment to 
          comply with the following provisions:

           Submit to DOJ fingerprint images and related information 
            of all applicants for the purpose of obtaining 
            information as to the existence and content of a record 
            of state conviction and state arrests and also 
            information as to the existence and content of a record 
            of state arrests for which the DOJ establishes that the 
            person is free on bail or on his/her own recognizance.  

           Serve a copy of the petition for order confirming 
            appointment of a humane officer to specified parties.  



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           File the petition seeking confirmation of the officer in 
            the superior court in the county in which the principle 
            office of the organization is located.  (Corporations 
            Code § 14502(b).)

          Existing law requires the DOJ to provide the Humane Society 
          or SPCA with a state response regarding summary criminal 
          history information as provided by Penal Code Section 
          11105. (Corporations Code § 14502(b)(1)(A).)

          Existing law requires the court to review the appointee's 
          qualifications and fitness to act as a humane officer and 
          either confirms or deny the appointment.  (Corporations 
          Code § 14502(c)(2),)
          Existing law describes the powers and qualifications of 
          level 1 and level 2 humane officers.  Level 1 humane 
          officer is authorized to carry firearms, subject to 
          specified requirements, including background checks and 
          mental and physical evaluations.  (Corporations Code § 

          Existing law requires that all humane officers submit 
          fingerprints to the DOJ for the purposes of obtaining 
          criminal background information.  (Corporations Code § 

          This bill provides that DOJ shall forward the fingerprints 
          received by a person seeking appointment as a humane 
          officer to the FBI for a federal background check.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  6/25/12)

          State Humane Association of California (source)
          California State Sheriffs' Association
          Placer County Board of Supervisors

           ARGUMENTS IN SUPPORT  :    According to the author:

             The FBI requires very specific language in California 
             Statute before providing the required background 



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             information established in SB 1417 (Cox).  
             Unfortunately, that specific language was not 
             included in the final version of SB 1417, creating a 
             temporary backlog of criminal background checks for 
             humane officers.

             AB 2194 includes the specific and correct language 
             for the FBI and Attorney General's office so that the 
             criminal background information on humane officer 
             applicants can be obtained and the backlog cleared.

             Humane officers play a key role in the health and 
             safety of animals.  These well trained individuals 
             have been in in limbo due to a technicality leading 
             to the backlog.

           ASSEMBLY FLOOR  :  72-0, 5/3/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, 
            Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, 
            Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Yamada, John A. 
          NO VOTE RECORDED:  Bonilla, Fletcher, Furutani, Hall, Roger 
            Hernández, Jones, Smyth, Williams

          JJA:d  6/26/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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