Amended in Senate April 23, 2014

Amended in Senate April 1, 2014

Senate BillNo. 1278


Introduced bybegin delete Senatorend deletebegin insert Senatorsend insert Lenobegin insert and Wylandend insert

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(Coauthors: Senators Anderson, Knight, and Wyland)

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(Coauthors: Senators Anderson and Knight)

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February 21, 2014


An act begin insertto amend Section 30652 of the Food and Agricultural Code, and end insertto amend Section 830.9 of the Penal Code, relating to animal control officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1278, as amended, Leno. Animal control officers.

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Existing

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begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined.

Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers.

This bill would require every person appointed as an animal control officer prior to July 1, 2015, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2016. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, supervisor, or any person inbegin delete chargeend deletebegin insert direct controlend insert of an animal control agency, on or after July 1, 2015, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training.

This bill would also require every animal control officer appointed prior to July 1, 2015, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2018, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2015, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter.

The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer.

By imposing new training requirements on local employees, this bill would impose a state-mandated local program.

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(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions.

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This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.

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The

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begin insert(3)end insertbegin insertend insertbegin insertTheend insert California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 30652 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

30652.  

All fees for the issuance of dog license tags and all
4fines collected pursuant to this division shall be paid into the
5county, city, or city and county treasury, as the case may be, and
6shall be used:

7(a) First, to pay fees for the issuance of dog license tags.

8(b) Second, to pay fees, salaries, costs, expenses, or any or all
9of them for the enforcement of this division and all ordinances
10which are made pursuant to this division.

11(c) Third, to pay damages to owners of livestock which are
12killed by dogs.

13(d) Fourth, to pay costs of any hospitalization or emergency
14care of animals pursuant to Section 597f of the Penal Code.

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15(e) Fifth, to pay for initial and in-service training for persons
16charged with enforcing animal control laws, including animal
17control officers.

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18

begin deleteSECTION 1.end delete
19begin insertSEC. 2.end insert  

Section 830.9 of the Penal Code is amended to read:

20

830.9.  

(a) Animal control officers are not peace officers but
21may exercise the powers of arrest of a peace officer as specified
22in Section 836 and the power to serve warrants as specified in
23Sections 1523 and 1530 during the course and within the scope of
24their employment, if those officers successfully complete a course
25in the exercise of those powers pursuant to Section 832.

26(b) (1) Every person appointed as an animal control officer
27prior to July 1, 2015, shall complete a course in the exercise of the
28powers of arrest and to serve warrants pursuant to Section 832 no
29later than July 1, 2016. That part of the training course specified
30in Section 832 pertaining to the carrying and use of firearms shall
31not be required for any animal control officer whose employing
32agency prohibits the use of firearms.

33(2) An animal control officer who completed a course in the
34exercise of the powers of arrest and to serve warrants pursuant to
35Section 832 prior to January 1, 2015, shall be deemed to have
36satisfied the training requirements described in paragraph (1).

37(c) Every person appointed as an animal control officer on or
38after July 1, 2015, shall complete a course in the exercise of the
P4    1powers of arrest and to serve warrants pursuant to Section 832
2within one year of his or her appointment. That part of the training
3course specified in Section 832 pertaining to the carrying and use
4of firearms shall not be required for any animal control officer
5whose employing agency prohibits the use of firearms.

6(d) Every animal control officer described in this section, prior
7to the exercise of the powers of arrest and to serve warrants, shall
8have satisfactorily completed the course of training described in
9Section 832.

10(e) Every person appointed as a director, manager, supervisor,
11or any person inbegin insert directend insert control of an animal control agency on or
12after July 1, 2015, shall complete a course in the exercise of the
13powers of arrest and to serve warrants pursuant to Section 832
14within one year of his or her appointment.

15(f) (1) During each three-year period following the date
16described in paragraph (2), every animal control officer shall
17satisfactorily complete at least 40 hours of continuing education
18and training relating to the powers and duties of an animal control
19officer, which education and training shall be sponsored or
20provided by an accredited postsecondary institution, the
21Commission on Peace Officer Standards and Training, a law
22enforcement agency, the National Animal Care and Control
23Association, the California Animal Control Directors Association,
24begin insert theend insert California Veterinary Medical Association, or the State Humane
25Association of California.

26(2) Every animal control officer appointed prior to July 1, 2015,
27shall complete the requirements of paragraph (1) no later than July
281, 2018, and every three years thereafter. Every animal control
29officer appointed on or after July 1, 2015, shall comply with the
30requirements of paragraph (1) within three years of the date of his
31or her appointment, and every three years thereafter.

32(3) The minimum hours and required topics of continuing
33education and training may be determined by the California Animal
34Control Directors Association. Continuing education and training
35shall include at least four hours of course work in the exercise of
36the powers of arrest and to serve warrants taught by a Commission
37on Peace Officer Standards and Training certified instructor.begin insert This
38section does not restrict the ability of an agency employing an
39animal control officer from providing the training required by this
40 subdivision utilizing instructors or curriculum from within the
P5    1agency or from an allied agency, provided the topic and length of
2instruction otherwise comply with this subdivision.end insert

3(4) Records of training shall be maintained by the animal control
4officer’s employing agency.

5(5) The failure to satisfactorily complete the continuing
6 education and training requirements under this subdivision within
790 days after the expiration of each three-year period shall result
8in the immediate suspension of the authority granted under
9subdivision (a).

10(g) Nothing in this section shall be construed to supersede any
11existing training requirements, including, but not limited to, the
12training requirements set forth in subdivision (g) of Section 22295.

13(h) This section does not apply to an animal control officer who
14is a peace officer pursuant to Section 830.1.

15(i) For the purposes of this section, “firearms” includes capture
16guns, blowguns, carbon dioxide operated rifles and pistols, air
17guns, handguns, rifles, and shotguns.

18

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19begin insertSEC. 3.end insert  

If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



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