BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular
SB 237 (Anderson) - Animal control officers: training
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|Version: February 17, 2015 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 13, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 237 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 (CE) and training requirements, as specified, for ACOs
and the maintenance of training records by local agencies
employing ACOs.
Fiscal
Impact:
Initial training : Potentially significant
state-reimbursable costs in excess of $150,000 (General
Fund) to local agencies employing ACOs for the initial
40-hour training course and costs to backfill for missed
work hours, both initial and ongoing. For every 10 percent
(147 ACOs) of currently employed ACOs, initial training
costs would be about $145,000 for training and staff time.
Training costs for ACO supervisory staff would be dependent
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on the number of applicable personnel, which is unknown at
this time, but would potentially be significant.
Continuing education/training : Potentially significant
state-reimbursable costs to local agencies, estimated at a
minimum of $130,000 to $326,000 (General Fund) over three
years in staff time alone for every 10 to 25 percent of ACOs
required to complete a minimum of 40 hours of CE. This
estimate assumes local agencies utilize training courses
that are available at no cost, and includes only the costs
to backfill for staff time. To the extent local agencies
incur additional costs for training, the estimated costs
incurred triennially would increase accordingly. Also, to
the extent the minimum CE standard is set above 40 hours (as
allowable under the provisions of this measure), costs would
increase accordingly.
Mandated records retention : 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.
Local funds impact : Training costs could potentially be
offset in part by dog license tag fee and fine revenues to
the extent funds are allowable for this use and available
after all other existing payment obligations as prioritized
are satisfied. Additional revenue decreases (Local) in
county and city funds could be incurred to the extent
reimbursement for the costs of training are extended beyond
ACOs to include humane officers.
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
the minimum training standard for California peace officers. The
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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 the maintenance of training records by
local agencies.
Proposed
Law: This bill places new initial and ongoing training requirements
on ACOs and ACO supervisory staff, as follows:
Requires every person appointed as an ACO prior to July
1, 2016, to complete a course in the exercise of the powers
of arrest and to serve warrants no later than July 1, 2017.
Every ACO appointed on or after July 1, 2016, is required
to complete the course within one year of his or her
appointment.
Specifies that the training component pertaining to the
carrying and use of firearms shall not be required for ACOs
whose employing agency prohibits the use of firearms.
Provides that an ACO who completed the basic training
course prior to January 1, 2016, 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, 2016, to complete the PC
832 training course 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,
2016, every ACO shall satisfactorily complete at least 40
hours of CE and training relating to the powers and duties
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of an ACO, as specified. For ACOs appointed prior to July
1, 2016, the CE requirements must be completed by July 1,
2019, and every three years thereafter.
Provides that the California Animal Control Directors
Association may determine the minimum hours and required
topics of CE and training.
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 a 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 the training and records retention
requirements do not apply to an ACO who is a peace officer
pursuant to PC § 830.1.
Adds, as a fifth priority, 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 collected 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: SB 1278 (Leno) 2014 was substantially similar to this measure.
This bill was held on the Suspense File of this Committee.
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 and continuing education requirements
on local employees, as well as records retention requirements on
local agencies, this bill imposes a state-mandated local
program, the costs of which could potentially be reimbursable by
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the state, subject to an affirmative decision by the Commission
on State Mandates (CSM). It is estimated that both the direct
costs to provide training to ACOs, as well as the indirect costs
to local agencies to backfill the ACO time spent at training
with other officers, could potentially be eligible for
reimbursement.
Government Code § 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 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 dog license tag 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 appropriate and/or sufficient to cover
the initial and ongoing increased training costs of this
measure, as the authorized use of funds are prioritized from
rank 1 to 5, with the expenses imposed under this measure to be
paid last. Additionally, staff notes the spending authority
provided for in this measure extends not only to the training
costs of ACOs, but to the training costs for all persons charged
with enforcing animal control laws, which could include humane
officers.
The Bureau of Labor Statistics (BLS) estimates 13,450 ACOs were
employed nationwide as of May 2014. Of the 12,080 ACOs employed
by local agencies, 1,470 ACOs are estimated to be employed in
California. It is assumed a large percentage of employed ACOs
would be exempt from the initial training due to the prior
completion of the course or existing peace officer status. There
would, however, be costs associated with a small percentage of
currently employed ACOs, as well as costs for prospectively
appointed ACOs and ACO supervisory staff required to complete
the initial training course. Additional local costs would also
be incurred to backfill for staff time spent at training. For
every 10 percent (147 officers) of currently employed ACOs who
would be required to complete the initial PC § 832 training
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course at a cost of $102 for the 40-hour basic training course
(without firearms component), costs would be about $145,000.
This estimate includes the cost to backfill for staff time
utilizing the BLS hourly mean wage for ACOs in California of
$22.15.
Training costs for every director, manager, supervisor, and any
person 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 he or she was an ACO who previously
completed the training or held peace officer status.
The mandated CE and training requirements of at least 40 hours
to be completed every three years as determined by the
California Animal Control Directors Association (CACDA) would
result in potentially significant ongoing state-reimbursable
costs (General Fund). The magnitude of costs would be dependent
on the CE requirements determined by the CACDA, the availability
and utilization of no-cost training courses, and the number of
ACOs exempt from the CE requirements due to peace officer
status. For every 10 to 25 percent of ACOs statewide subject to
a 40-hour CE requirement, costs over three years are estimated
at a minimum of $130,000 to $326,000 (General Fund) in staff
time alone. This estimate assumes local agencies utilize
training courses that are available at no cost, and includes
only the costs to backfill for staff time. To the extent local
agencies incur additional costs for training (as the bill does
not mandate that local agencies utilize no-cost training courses
to fulfill training requirements), the estimated costs incurred
triennially would increase accordingly. In addition, to the
extent the minimum CE standard is set above 40 hours, as
allowable under the provisions of this measure, costs would
increase accordingly.
Recommended
Amendments:1. On page 4, in lines 12-13, 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
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described in paragraph (2), Pursuant to paragraph (2), every
animal control officer shall satisfactorily complete at least
40 hours of continuing education and training related to the
powers of arrest and duties of an animal control officer,?
On page 4, in lines 31-39, to ensure the four hours of required
training on the powers of arrest are taught by a POST-certified
instructor, staff recommends the following technical amendments:
On page 4, in line 34, delete "This" and delete lines 35-39.
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.
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