BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair SB 1278 (Leno) - Animal control officers: mandated training. Amended: April 23, 2014 Policy Vote: Public Safety 7-0 Urgency: No Mandate: Yes Hearing Date: April 28, 2014 Consultant: Jolie Onodera This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1278 would require animal control officers (ACOs) and ACO supervisory personnel, as specified, to complete a training course in the exercise of the powers of arrest and to serve warrants. This bill would also mandate minimum continuing education requirements, as specified, for ACOs and maintenance of training records by local agencies employing ACOs. Fiscal Impact: Potentially significant state-reimbursable costs (General Fund) to local agencies employing ACOs for mandated training, both initial and ongoing. These costs could potentially be offset in part by dog license tag fee revenues to the extent funds are allowable for this use and available after all other existing payment obligations are satisfied. One-time and ongoing state-reimbursable costs (General Fund) to local agencies for the mandated maintenance of training records by the ACO employing agency. Costs would be dependent on the media utilized to maintain the records, the retention period, and volume of records to be maintained. Background: Existing law under Penal Code (PC) § 830.9 provides that ACOs 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 training course pursuant to PC § 832. Existing law provides that the part of the training course pertaining to the carrying and use of firearms is not required for any ACO whose employing agency prohibits the use of firearms. The PC 832 Arrest and Firearms Course, certified by the SB 1278 (Leno) Page 1 Commission on Peace Officer Standards and Training (POST), is the minimum training standard for California peace officers. The course consists of two components, which total a minimum of 64 hours. The Arrest component has a 40-hour requirement, and the Firearms component has a 24-hour requirement. These components are divided into 14 individual topics which contain the minimum required foundational information for given subjects. ACOs enforce state and local laws pertaining to animal care and control as well as public safety. While they are not peace officers, ACOs may exercise the same powers of arrest and serving warrants within the scope of their duties if the PC § 832 course is successfully completed. Unlike peace officers and humane officers, ACOs are not mandated to attend any in-service training or education in order to maintain their proficiency in their law enforcement duties. This bill will require minimum ACO training standards and seeks to not only standardize training on the powers of arrest and serving warrants, but also requires continuing education and training. Proposed Law: This bill requires all ACOs to complete a training course in the exercise of powers of arrest and to serve warrants. Specifically, this bill: Requires every person appointed as an ACO 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. Every ACO appointed on or after July 1, 2015, is required to complete the course within one year of his or her appointment. Provides that an ACO who completed the basic training course prior to January 1, 2015, is deemed to have satisfied the aforementioned training requirements. Requires every person appointed as a director, manager, supervisor, or any person in direct control of an animal control agency on or after July 1, 2015, to complete a course in the exercise of powers of arrest and to serve warrants within one year of his or her appointment. Requires that during each three-year period following the date of appointment for ACOs appointed after July 1, 2015, every ACO shall satisfactorily complete at least 40 hours of continuing education (CE) and training relating to the powers and duties of an ACO as determined by the California Animal Control Directors Association. For ACOs appointed prior to July 1, 2015, the CE requirements must SB 1278 (Leno) Page 2 be completed by July 1, 2018, and every three years thereafter. Requires CE and training to include at least four hours of course work in the exercise of the powers of arrest and to serve warrants taught by POST certified instructor. Provides that ACO employing agencies may provide training utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with the provisions of the subdivision. Requires records of training to be maintained by the ACO's employing agency. Specifies that this section does not apply to an ACO who is a peace officer pursuant to PC § 830.1. Adds the cost of initial and in-service training for persons charged with enforcing animal control laws, including ACOs, to the list of expenses authorized to be paid with from fees for the issuance of dog license tags and fines collected from the regulation of the licensing of dogs (Food and Agriculture Code (FAC § 30652). Related Legislation: AB 1511 (Gaines) 2014 would allow the Department of Justice and local criminal justice agencies to furnish state and local summary criminal history information to an ACO upon a showing of compelling need. This bill is pending referral to committee in the Senate. Prior Legislation: SB 655 (Presley) Chapter 82/1990 required ACOs to successfully complete the training course on the powers of arrest and to serve warrants, rather than simply receive that course of training in order to exercise those powers during the course and within the scope of their employment. Staff Comments: By imposing new training requirements on local employees, this bill imposes a state-mandated local program, the costs of which would potentially be reimbursable by the state subject to a claim submitted by local agency and a decision by the Commission on State Mandates (CSM). Government Code section 17556(e) states that the CSM shall not find costs mandated by the state if offsetting savings or additional revenue that was specifically intended to fund the costs of the state mandate in an amount sufficient to fund the cost of the state mandate exists. Of note, in its Parameters and SB 1278 (Leno) Page 3 Guidelines of the approved test claim for Animal Adoption (CSM 98-TC-11), the CSM deducted offsetting savings and other reimbursements, including the fees from dog license tags issued and fines collected pursuant to FAC § 30652, from the total costs claimed. While this bill specifically amends FAC § 30652 to authorize the use of fees and fines collected to fund the training of persons charged with enforcement of animal control laws, including ACOs, it is unknown if the existing fee and fine revenues collected are sufficient to cover the initial and ongoing increased costs of this measure, as revenues are prioritized from rank 1 to 5, with the expenses imposed under this measure to be paid last. Based on the Bureau of Labor Statistics (BLS) estimate of ACOs employed statewide (May 2012), there are about 12,300 ACOs employed by local agencies. While it is unknown what percentage of ACOs would be exempt (already taken the training course or who are peace officers), for every 10 to 25 percent (1,230 - 3,075) of ACOs required to take the initial course, costs would be in the range of $125,000 to $314,000 (General Fund) based on an average PC § 832 training cost of $102 for the 40-hour basic training course (without firearms component). Training costs for supervisory personnel in direct control of an ACO would be dependent on the number of applicable personnel, which is unknown at this time, but would potentially be significant. Supervisory personnel would not be exempt unless they were an ACO who previously completed the training or a peace officer. Continuing education costs, while also significant, would be distributed across three years, for all non-peace officer ACOs. Recommended Amendments: 1. On page 4, in line 8, subdivision (d) as added, appears to restate existing statute in subdivision (a) of PC § 830.9. As existing statute requires ACOs to successfully complete a course in the exercise of the powers of arrest and to serve warrants in order to exercise those powers, staff recommends a technical amendment for consistency: (d) Every animal control officer described in this section, prior to the exercise of the powers of arrest and to serve SB 1278 (Leno) Page 4 warrants, shall have
satisfactorilysuccessfully completed the course of training described in Section 832. 2. On page 4, in line 15, due to the inclusion of several dates described in paragraph (2) of subdivision (f) of PC § 830.9, as drafted, the language "following the date described in paragraph (2)" is unclear. For clarity, staff recommends the following technical amendment: (f) (1) During each three-year period following the date s described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education? 3. On page 4, in lines 32-40, and page 5, lines 1-2, to ensure the four hours of required training on the powers of arrest are taught by a POST-certified instructor, staff recommends the following amendment: On page 4, in line 37, delete "This" On page 4, delete lines 37-40 On page 5, delete lines 1-2 And add: Nothing in this section shall restrict the ability of an agency employing animal control officers from using instructors or curriculum within the agency, or from an allied agency, to provide the training required by this section, provided that four hours of course work in the exercise of the powers of arrest and to serve warrants is taught by a Commission on Peace Officer Standards and Training certified instructor.