BILL ANALYSIS Ó
AB 247
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
247 (Waldron) - As Amended March 24, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill establishes initial and continuing education/training
requirements for animal control officers (ACO), and includes
this education/training in the list of items for which revenue
AB 247
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from dog license tag fees may be used. Specifically, this
bill:
1)Requires persons appointed as animal control officers (ACOs)
to complete a course in the exercise of the powers of arrest.
ACOs appointed before January 1, 2016 shall complete training
by January 1, 2017. Any ACOs appointed after that date shall
complete the training within one year of appointment.
2)Requires 40 hours of continuing education and training
relating to the duties of an animal control officer during
each three year period from July 1, 2016, or from date of
appointment.
3)Allows revenues from the issuance of dog license tag fees, and
fines collected in enforcement of license tags, to be used to
pay for initial and in-service training for persons charged
with enforcing animal control laws, including animal control
officers.
FISCAL EFFECT:
Local government annual costs in excess of $380,000, (a)
$290,000 to provide the proposed ongoing training of 40 hours
every 3 years to the existing 1,200 ACOs in the state, and (b)
$92,000 to provide the initial powers of arrest training to new
ACOs; and one-time-cost of over $26,000 for the 35 ACOs that
currently lack the powers of arrest training. Local agencies
can increase local dog license fees to cover the additional
costs; however, if the license fee increases do not create
sufficient revenue to offset the additional local agencies
costs, there is a potential reimbursable state mandated cost.
No costs to state agencies.
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COMMENTS:
1)Purpose. According to the author, "AB 247 requires ACOs to
complete a standardized training course in the powers of
arrest and the powers of serving warrants. The bill also
requires ACOs to complete continuing education and training
courses once every three years. The provisions of the bill are
self-regulating and give local jurisdictions flexibility how
they want to meet the training guidelines set by the
California Animal Control Directors Association, including
no-cost and in-house training."
"Animal control officers (ACOs) need training throughout their
career to properly to carry out the job's responsibilities.
Additional training will ensure the safety of the ACOs and
allow them to adequately handle dangerous situations. AB 247
will ensure that ACOs safely conduct their duties and will
prevent unintended abuse of authority."
2)Background. Current law states 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 during the
course and within the scope of their employment, if those
officers successfully complete a course in the exercise of
those powers pursuant to California Penal Code. However, they
are not required to take the corresponding training provided
by the Commission on Peace Officer Standards Training (POST).
3)Argument in Support: According to the Humane Society of the
United States, "Animal control officers (ACOs) are no longer
just dog catchers. They are animal law enforcement officers,
with all of the obligations, authority-and dangers-of peace
officers. They respond to life-threatening emergency calls
daily, protecting the lives of both people and animals.
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"Almost all are unarmed-usually having only a clipboard and a
catch pole for protection-yet they investigate felony crimes,
from murder to the most heinous and sadistic animal abuse,
putting people in state prison. They are usually alone day
and night-without the assistance of peace officers.
"Despite the duties of enforcing state and local laws, including
felonies, there is no standardized training or in-service
training for ACOs."
4)Argument in Opposition: According to Jolena Voorhis of the
Urban Counties Caucus, "While generally we are in support of
training, by requiring animal control officials to receive
specific training, this bill would have a fiscal impact on
counties. For urban counties, many of which may have several
animal control officers, this could be a significant fiscal
impact. The bill does allow dog licenses fees to be used to
provide funding, however, our counties have noted that this
will not cover the cost of this training. Until the bill
provides a funding source to cover the cost of this training,
UCC will have to remain opposed."
5)Related Legislation: SB 237 (Anderson and Leno), pending in
Senate Appropriations, requires training for animal control
officers in the exercise of the powers of arrest and to serve
warrants. The bill would also require animal control officers
to complete at least 40 hours of continuing education and
training during each three year period. Adds training of
animal control officers to the list of beneficiaries of dog
license fees.
6)Prior Legislation:
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a) AB 1511 (Gaines), Chapter 449, Statutes of 2014,
allowed animal control officers to access summary
criminal history information from a criminal justice
agency when necessary for the performance of his or
her official duties and upon a showing of compelling
need.
b) SB 1278 (Leno and Wyland), of the 2013 - 2014
Legislative Session, would have required initial
training of animal control officers and 40 hours of
continuing education every three years. Proposed use
of dog license fees to be used for the training of
animal control officers. SB 1278 was held in the
Senate Appropriations.
c) SB 1162 (Runner), Chapter 594, Statutes of 2012,
authorized animal control officers to possess and
administer a tranquilizer that contains a controlled
substance to wild, stray, or abandoned animal, with
direct or indirect supervision as determined by a
licensed veterinarian, provided that the officer meets
prescribed training requirements.
d) SB 1190 (Cedillo), Chapter 109, Statutes of 2012,
removed the requirement that animal control officers
and illegal dumping enforcement officers complete
training, certified by the Department of Consumer
Affairs, in order to be permitted to carry a club or
baton and instead required the officers to complete
training approved by the Commission on Peace Officer
Standards and Training in the carrying and use of the
club or baton.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081
AB 247
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