BILL NUMBER: SB 1278 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2014
AMENDED IN SENATE APRIL 1, 2014
INTRODUCED BY Senator Leno
Senators Leno and Wyland
(Coauthors: Senators Anderson,
Knight, and
Wyland Anderson and Knight )
FEBRUARY 21, 2014
An act to amend Section 30652 of the Food and Agricultural
Code, and to amend Section 830.9 of the Penal Code, relating to
animal control officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1278, as amended, Leno. Animal control officers.
Existing
(1) Existing law establishes the
Commission on Peace Officer Standards and Training within the
Department of Justice. Existing law requires the commission to carry
out various duties related to the education and training of peace
officers, as defined.
Existing law provides 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, as specified, during the course and
within the scope of their employment, if those officers successfully
complete a course in the exercise of those powers.
This bill would require every person appointed as an animal
control officer 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. This bill would require every person appointed as an
animal control officer, and every person appointed as a director,
manager, supervisor, or any person in charge
direct control of an animal control agency, on or after July 1,
2015, to complete a course in the exercise of the powers of arrest
and to serve warrants within one year of his or her appointment, as
specified. This bill would require every animal control officer,
prior to the exercise of the powers of arrest and to serve warrants,
to have satisfactorily completed the required course of training.
This bill would also require every animal control officer
appointed prior to July 1, 2015, to satisfactorily complete at least
40 hours of continuing education and training relating to the powers
and duties of an animal control officer, no later than July 1, 2018,
and every 3 years thereafter, as specified. The bill would require
every animal control officer appointed on or after July 1, 2015, to
comply with those requirements within 3 years of the date of his or
her appointment, and every 3 years thereafter.
The bill would specify that the above training and continuing
training requirements do not apply to an animal control officer who
is a peace officer.
By imposing new training requirements on local employees, this
bill would impose a state-mandated local program.
(2) Existing law provides for the regulation and licensing of
dogs, including the issuance of dog license tags. Existing law
requires that fees for the issuance of dog license tags and fines
collected for a violation of the provisions regulating and licensing
dogs be paid into the county, city, or city and county treasury and
that they be used for specified purposes, including to pay costs and
expenses for the enforcement of those provisions.
This bill would expand the list of purposes for which those fees
and fines shall be used to include paying for initial and in-service
training for persons charged with enforcing animal control laws,
including animal control officers.
The
(3) The California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30652 of the Food
and Agricultural Code is amended to read:
30652. All fees for the issuance of dog license tags and all
fines collected pursuant to this division shall be paid into the
county, city, or city and county treasury, as the case may be, and
shall be used:
(a) First, to pay fees for the issuance of dog license tags.
(b) Second, to pay fees, salaries, costs, expenses, or any or all
of them for the enforcement of this division and all ordinances which
are made pursuant to this division.
(c) Third, to pay damages to owners of livestock which are killed
by dogs.
(d) Fourth, to pay costs of any hospitalization or emergency care
of animals pursuant to Section 597f of the Penal Code.
(e) Fifth, to pay for initial and in-service training for persons
charged with enforcing animal control laws, including animal control
officers.
SECTION 1. SEC. 2. Section 830.9 of
the Penal Code is amended to read:
830.9. (a) Animal control officers are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 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 Section 832.
(b) (1) Every person appointed as an animal control officer prior
to July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 no
later than July 1, 2016. That part of the training course specified
in Section 832 pertaining to the carrying and use of firearms shall
not be required for any animal control officer whose employing agency
prohibits the use of firearms.
(2) An animal control officer who completed a course in the
exercise of the powers of arrest and to serve warrants pursuant to
Section 832 prior to January 1, 2015, shall be deemed to have
satisfied the training requirements described in paragraph (1).
(c) Every person appointed as an animal control officer on or
after July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832 within
one year of his or her appointment. That part of the training course
specified in Section 832 pertaining to the carrying and use of
firearms shall not be required for any animal control officer whose
employing agency prohibits the use of firearms.
(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 completed the course of training described in
Section 832.
(e) 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, shall complete a course in the exercise of
the powers of arrest and to serve warrants pursuant to Section 832
within one year of his or her appointment.
(f) (1) During each three-year period following the date described
in paragraph (2), every animal control officer shall satisfactorily
complete at least 40 hours of continuing education and training
relating to the powers and duties of an animal control officer, which
education and training shall be sponsored or provided by an
accredited postsecondary institution, the Commission on Peace Officer
Standards and Training, a law enforcement agency, the National
Animal Care and Control Association, the California Animal Control
Directors Association, the California Veterinary Medical
Association, or the State Humane Association of California.
(2) Every animal control officer appointed prior to July 1, 2015,
shall complete the requirements of paragraph (1) no later than July
1, 2018, and every three years thereafter. Every animal control
officer appointed on or after July 1, 2015, shall comply with the
requirements of paragraph (1) within three years of the date of his
or her appointment, and every three years thereafter.
(3) The minimum hours and required topics of continuing education
and training may be determined by the California Animal Control
Directors Association. Continuing education and training shall
include at least four hours of course work in the exercise of the
powers of arrest and to serve warrants taught by a Commission on
Peace Officer Standards and Training certified instructor. This
section does not restrict the ability of an agency employing an
animal control officer from providing the training required by this
subdivision utilizing instructors or curriculum from
within the agency or from an allied agency, provided the topic and
length of instruction otherwise comply with this subdivision.
(4) Records of training shall be maintained by the animal control
officer's employing agency.
(5) The failure to satisfactorily complete the continuing
education and training requirements under this subdivision within 90
days after the expiration of each three-year period shall result in
the immediate suspension of the authority granted under subdivision
(a).
(g) Nothing in this section shall be construed to supersede any
existing training requirements, including, but not limited to, the
training requirements set forth in subdivision (g) of Section 22295.
(h) This section does not apply to an animal control officer who
is a peace officer pursuant to Section 830.1.
(i) For the purposes of this section, "firearms" includes capture
guns, blowguns, carbon dioxide operated rifles and pistols, air guns,
handguns, rifles, and shotguns.
SEC. 2. SEC. 3. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.