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: May 23, 2014      Consultant: Jolie Onodera
          
          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  
          Commission on Peace Officer Standards and Training (POST), is  








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          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  
               be completed by July 1, 2018, and every three years  








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               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  
          Guidelines of the approved test claim for Animal Adoption (CSM  








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          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, 1,490 of which are employed in  
          California. It is estimated that a large percentage of ACOs  
          would be exempt (already taken the training course or who are  
          peace officers) from taking the initial PC § 832 training course  
          at a cost of $102 for the 40-hour basic training course (without  
          firearms component). There would, however, be potential costs  
          associated with meeting the continuing education requirements of  
          at least 40 hours and training relating to the powers and duties  
          of an ACO as determined by the California Animal Control  
          Directors Association (CACDA). The potential costs would be  
          dependent on the CE requirements determined by the CACDA. 

          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:








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               (d) Every animal control officer described in this section,  
               prior to the exercise of the powers of arrest and to serve  
               warrants, shall have  satisfactorily   successfully  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.