BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1532
          Author:   Lieu (D)
          Amended:  2/24/10 in Senate
          Vote:     27 - Urgency

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/15/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           ASSEMBLY FLOOR  :  71-0, 1/19/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Code enforcement officers

           SOURCE  :     California Association of Code Enforcement  
          Officers


           DIGEST  :    This bill creates a stand-alone section of the  
          Penal Code defining a code enforcement officer.

           ANALYSIS  :    Existing law concerning assault and battery  
          defines a code enforcement officer as any person who is not  
          a peace officer and who is employed by any governmental  
          subdivision, public or quasi-public corporation, public  
          agency, public service corporation, any town, city, county,  
          or municipal corporation, whether incorporated or  
          chartered, that has enforcement authority for health,  
          safety, and welfare requirements, and whose duties include  
          enforcement of any statute, rules, regulations, or  
          standards, and who is authorized to issue citations, or  
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          file formal complaints.  A "code enforcement officer" also  
          includes any person who is employed by the Department of  
          Housing and Community Development who has enforcement  
          authority for health, safety, and welfare requirements  
          pursuant to the Employee Housing Act; the State Housing  
          Law; the Mobilehomes-Manufactured Housing Act; the  
          Mobilehome Parks Act; and the Special Occupancy Parks Act.   
          (Penal Code Sections 241, subdivision (d)(9)(A) and (B),  
          and 243, subdivision (f)(11)(A) and (B).)

          This bill enumerates a separate Penal Code section for the  
          existing definition of a "code enforcement officer," apart  
          from the reference in the assault and battery provisions.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/16/10)

          California Association of Code Enforcement Officers  
          (source)
          California Narcotic Officers Association
          California Peace Officers Association
          California Police Chiefs Association


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "There are a number of pieces of federal legislation that  
          contemplate giving federal grants for local code  
          enforcement functions.  Virtually every jurisdiction  
          performs code enforcement functions; however, many  
          jurisdictions lack a definition of code enforcement  
          functions.  As a consequence, those jurisdictions are  
          disadvantaged in the effort to obtain federal funding for  
          code enforcement purposes.  AB 1532 establishes a  
          free-standing definition for code enforcement officers that  
          can be used by any local jurisdiction in their application  
          for code enforcement funding."

          California lacks a free-standing definition for code  
          enforcement officers that a local jurisdiction could  
          reference in applications for code enforcement funding.   
          This bill establishes this free-standing definition and is  
          verbatim from current law (Penal Code Sec. 241 and 243).   







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          This bill is not intended to expand the powers of code  
          enforcement officers, but just merely provide a definition  
          so that California jurisdictions may compete on an even  
          playing field in securing federal dollars.

          The sponsor and the author's office submit that California  
          government entities are losing opportunities for federal  
          funding and grants because California law does not include  
          a stand-alone definition of a code enforcement officer.   
          According to the sponsor, "[The fact that California does  
          not have a free-standing definition of code enforcement]  
          has placed local agencies at a disadvantage in seeking  
          federal money that is available through competitive grant  
          processes.  Currently, funds for code enforcement can be  
          made available from Byrne JAG Grant funding, Regional  
          Information Sharing Systems (RISS) funding, federal COPS  
          funding, Byrne Discretionary funding, Byrne Competitive  
          Grants, Community Development Block Grants (CDBG) and  
          possibly through legislation introduced by Louisiana  
          Senator Mary Landrieu."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Buchanan, Caballero, Chesbro, Conway, Cook,  
            Coto, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans,  
            Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Brownley, Charles Calderon, Carter,  
            Davis, Hall, Bonnie Lowenthal, Bass


          RJG:do  6/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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