BILL NUMBER: SB 5	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 16, 2009

INTRODUCED BY   Senator Maldonado

                        DECEMBER 1, 2008

    An act to amend Section 830.6 of the Penal Code, and to
amend Section 3 of the Monterey Peninsula Airport District Act
(Chapter 52 of the Statutes of 1941), relating to law enforcement.
  An act to amend Section 830.37 of the Penal Code,
relating to peace officers. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 5, as amended, Maldonado.  Peace officers: Monterey
Peninsula Airport District: reserve officers.   Peace
officers: certified bomb technicians.  
   Existing law authorizes qualified persons to be deputized or
appointed as reserve or auxiliary sheriffs or police officers of
various local governmental agencies, which reserve officers are
assigned to the prevention and detection of crime and the general
enforcement of the laws of this state, and are considered peace
officers, under specified circumstances.  
   This bill would expressly include reserve officers of the Monterey
Peninsula Airport District among those reserve officers who are
considered peace officers.  
   By increasing the duties of local government officials, the bill
would impose a state-mandated local program.  
   Existing law establishes the Monterey Peninsula Airport District
and grants that district certain police powers, including maintaining
a police department.  
   This bill would authorize the district to employ and equip reserve
police officers.  
   Existing law establishes which persons are included in the
definition of peace officers. Existing law provides that specified
fire department, fire protection agency, and military personnel are
peace officers.  
   This bill would include within the definition of peace officers
fire department or fire protection agency bomb technicians certified
by the Federal Bureau of Investigation, as specified. By expanding
the number of local peace officers, this bill would expand the local
agency duty to provide certain citizens' complaint handling
procedures for allegations of peace officer misconduct, thereby
imposing a state-mandated local program. 
   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 830.37 of the   Penal
Code   is amended to read: 
   830.37.  The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency:
   (a) Members of an arson-investigating unit, regularly paid and
employed in that capacity, of a fire department or fire protection
agency of a county, city, city and county, district, or the state, if
the primary duty of these peace officers is the detection and
apprehension of persons who have violated any fire law or committed
insurance fraud. 
   (b) Members of a bomb squad unit who are certified by the Federal
Bureau of Investigation as certified bomb technicians, regularly paid
and employed in that capacity, of a fire department or fire
protection agency of a county, city, city and county, district, or
the state, if the primary duty of these peace officers is the
detection, render-safe, and investigation of explosives, and the
apprehension of persons who have violated any explosives law. 

   (b) 
    (c)  Members other than members of an
arson-investigating unit,  or a bomb squad unit as described in
subdivision (b),  regularly paid and employed in that capacity,
of a fire department or fire protection agency of a county, city,
city and county, district, or the state, if the primary duty of these
peace officers, when acting in that capacity, is the enforcement of
laws relating to fire prevention or fire suppression. 
   (c) 
    (d)  Voluntary fire wardens as are designated by the
Director of Forestry and Fire Protection pursuant to Section 4156 of
the Public Resources Code, provided that the primary duty of these
peace officers shall be the enforcement of the law as that duty is
set forth in Section 4156 of the Public Resources Code. 
   (d) 
    (e)  Firefighter/security guards by the Military
Department, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency.
   SEC. 2.    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.  
  SECTION 1.    Section 830.6 of the Penal Code is
amended to read:
   830.6.  (a) (1) Whenever any qualified person is deputized or
appointed by the proper authority as a reserve or auxiliary sheriff
or city police officer, a reserve deputy sheriff, a reserve deputy
marshal, a reserve police officer of a regional park district or of a
transit district, a reserve park ranger, a reserve harbor or port
police officer of a county, city, or district as specified in Section
663.5 of the Harbors and Navigation Code, a reserve deputy of the
Department of Fish and Game, a reserve special agent of the
Department of Justice, a reserve officer of a community service
district which is authorized under subdivision (h) of Section 61600
of the Government Code to maintain a police department or other
police protection, a reserve officer of the Monterey Peninsula
Airport District, a reserve officer of a school district police
department under Section 35021.5 of the Education Code, a reserve
officer of a community college police department under Section 72330,
a reserve officer of a police protection district formed under Part
1 (commencing with Section 20000) of Division 14 of the Health and
Safety Code, or a reserve housing authority patrol officer employed
by a housing authority defined in subdivision (d) of Section 830.31,
and is assigned specific police functions by that authority, the
person is a peace officer, if the person qualifies as set forth in
Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph extends only for the duration of
the person's specific assignment. A reserve park ranger or a transit,
harbor, or port district reserve officer may carry firearms only if
authorized by, and under those terms and conditions as are specified
by, his or her employing agency.
   (2) Whenever any qualified person is deputized or appointed by the
proper authority as a reserve or auxiliary sheriff or city police
officer, a reserve deputy sheriff, a reserve deputy marshal, a
reserve park ranger, a reserve police officer of a regional park
district, transit district, community college district, or school
district, a reserve harbor or port police officer of a county, city,
or district as specified in Section 663.5 of the Harbors and
Navigation Code, a reserve officer of a community service district
that is authorized under subdivision (h) of Section 61600 of the
Government Code to maintain a police department or other police
protection, a reserve officer of the Monterey Peninsula Airport
District, or a reserve officer of a police protection district formed
under Part 1 (commencing with Section 20000) of Division 14 of the
Health and Safety Code, and is so designated by local ordinance or,
if the local agency is not authorized to act by ordinance, by
resolution, either individually or by class, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by that authority, the person is a peace officer,
if the person qualifies as set forth in paragraph (1) of subdivision
(a) of Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph includes the full powers and
duties of a peace officer as provided by Section 830.1. A transit,
harbor, or port district reserve police officer, or a city or county
reserve peace officer who is not provided with the powers and duties
authorized by Section 830.1, has the powers and duties authorized in
Section 830.33, or in the case of a reserve park ranger, the powers
and duties that are authorized in Section 830.31, or in the case of a
reserve housing authority patrol officer, the powers and duties that
are authorized in subdivision (d) of Section 830.31, and a school
district reserve police officer or a community college district
reserve police officer has the powers and duties authorized in
Section 830.32.
   (b) Whenever any person designated by a Native American tribe
recognized by the United States Secretary of the Interior is
deputized or appointed by the county sheriff as a reserve or
auxiliary sheriff or a reserve deputy sheriff, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by the county sheriff, the person is a peace
officer, if the person qualifies as set forth in paragraph (1) of
subdivision (a) of Section 832.6. The authority of a peace officer
pursuant to this subdivision includes the full powers and duties of a
peace officer as provided by Section 830.1.
   (c) Whenever any person is summoned to the aid of any uniformed
peace officer, the summoned person is vested with the powers of a
peace officer that are expressly delegated to him or her by the
summoning officer or that are otherwise reasonably necessary to
properly assist the officer.  
  SEC. 2.    Section 3 of the Monterey Peninsula
Airport District Act (Chapter 52 of the Statutes of 1941), as amended
by Chapter 359 of the Statutes of 2006, is amended to read:
  Sec. 3.  Corporate Powers. The Monterey Peninsula Airport District
is hereby declared to be, and established as, a body corporate and
politic, and, in addition to other powers herein granted, shall have
and is hereby granted all of the following powers:
   (a) Perpetual Succession. To have perpetual succession.
   (b) Lawsuits. To sue and be sued in the name of the district in
all actions and proceedings in all courts and tribunals of competent
jurisdiction.
   (c) Seal. To adopt a seal and alter it at pleasure.
   (d) Property. To take by grant, purchase, gift, devise or lease,
hold, use, enjoy, and to lease or dispose of, real or personal
property of every kind within or outside the district necessary to
the full exercise of its power.
   (e) Improvements. To acquire or contract to acquire lands,
rights-of-way, easements, privileges and property of every kind, and
construct, maintain, and operate any and all works or improvements
within or outside the district necessary or proper to carry out any
of the objects or purposes of this act, and to complete, extend, add
to, repair, or otherwise improve, any works or improvements acquired
by the district in accordance with this act.
   (f) Eminent Domain. To exercise the right of eminent domain to
take any property necessary to carry out any of the objects or
purposes of this act.
   (g) Indebtedness.
   (1) To incur indebtedness and to issue bonds pursuant to Section
61126 of the Government Code.
   (2) To incur indebtedness and to issue bonds pursuant to the bond
provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing
with Section 54300) of Part 1 of Division 2 of Title 5 of the
Government Code).
   (3) To incur indebtedness and to issue negotiable promissory notes
pursuant to a resolution adopted by vote of a majority of the
members of the district's board of directors. The amount of
indebtedness under this paragraph shall not exceed one million
dollars ($1,000,000) and shall be repaid within 10 years from the
date on which it is incurred.
   (4) To incur indebtedness using securitized limited obligation
notes pursuant to Article 7.4 (commencing with Section 53835) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
   (5) To borrow money from the United States or any federal agency
or department for the acquisition or improvement of land for district
purposes. The district may borrow this money pursuant to a
resolution adopted by vote of a majority of the members of the
district's board of directors. The resolution shall specify the
particular project being undertaken and the amount, term, and method
of repayment of the loan. When received, the money shall be deposited
in a special fund and spent only for the purposes for which the loan
was approved. If a surplus remains after the completion of the
project, the surplus shall be applied to repaying the loan.
   (6) Notwithstanding any other provision of law, the maximum rate
of interest on indebtedness issued pursuant to this subdivision shall
not exceed the rate prescribed by Article 7 (commencing with Section
53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code. The interest may be fixed or variable and may be
simple or compound. The interest shall be payable at the time or
times determined by the district.
   (h) Taxes. To cause taxes to be levied and collected for the
purpose of paying any obligation of the district in accordance with
this act.
   (i) Exercise of Powers--Contracts. To make contracts, and to
employ persons and labor, and to do all acts necessary for the full
exercise of all powers vested in the district, or in any of the
officers of the district, by this act.
   (j) Disposal of Property. To lease, sell, or dispose of any
property, or any interest in property, acquired in fee, or otherwise,
whenever in the judgment of the board of directors the property, or
any interest or part of the property, is no longer required for the
purposes of the district, or may be leased for any purpose without
interfering with the use of the property for the purposes of the
district, and to pay any compensation received for the property into
the general fund of the district and use the compensation for the
purposes of this act.
   (k) Operation and Concession Agreements. To make contracts for the
operation or maintenance of any airport of the district, or for any
concession thereupon necessary or convenient to the district.
   (l) Police Powers of District.
   (1) To equip and maintain a police department, to adopt
ordinances, resolutions, and regulations for the protection of the
public peace, health, or safety, in or upon any airport of the
district, or in or upon any approach to the airport, owned or
controlled by the district and to prescribe penalties for the
violation of those ordinances, resolutions, or regulations. Violation
of any ordinance, resolution, or regulation shall constitute a
misdemeanor, unless, by ordinance, the district designates the
violation as an infraction.
   (2) To employ and equip reserve police officers.
   (m) General Powers. To possess and exercise all powers necessary
or appropriate to a public airport district that are not prohibited
by the California Constitution, including all powers granted by, or
that may be hereafter granted by, any general law of the state to any
public airport district and all powers incidental to, and necessary
or convenient in connection with, the exercise of the powers
generally or specifically granted to the district by this act.
 
  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.