BILL ANALYSIS Ó AB 247 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 247 (Waldron) - As Amended March 24, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. AB 247 Page 3 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. AB 247 Page 4 "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: AB 247 Page 5 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 Page 6