BILL NUMBER: AB 801	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 17, 2011

   An act to add Section 829.7 to the Penal Code, relating to code
enforcement officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 801, as introduced, Swanson. Code enforcement officers:
training.
   Existing law defines a code enforcement officer to include
specified public employees whose duties include enforcement of any
statute, rules, regulations, or standards, and who are authorized to
issue citations or file formal complaints. That definition also
includes specified public employees of the Department of Housing and
Community Development who have enforcement authority for health,
safety, and welfare requirements imposed pursuant to specified
provisions of state law relating to housing.
    This bill would establish minimum training standards and a
continuing education requirement for code enforcement officers. The
bill would require each of these employees to complete a certified
basic training program within one year of his or her initial
appointment, and to complete intermediate and advanced levels of
certified training, as specified. The bill would require public
entities that employ a code enforcement officer to adopt requirements
for, and require all code enforcement officers to wear, apparel or a
uniform that allows members of the public to recognize the person
wearing the apparel or uniform as a public officer.
   By imposing new requirements on local employees and employers, the
bill would impose 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 829.7 is added to the Penal Code, to read:
   829.7.  (a) The purpose of this section is to establish uniform
minimum training standards designed to increase the level of
competency and reliability of code enforcement officers, to improve
and expand the professional training available to code enforcement
officers, to encourage the active participation of local governments
in the code enforcement training standards process, and to develop
training criteria that will enhance each local government's ability
to protect the lives and property of its citizens.
   (b) A public agency employing a code enforcement officer shall
adopt requirements for, and require all code enforcement officers to
wear, apparel or a uniform that allows members of the public to
recognize the person wearing the apparel or uniform as a public
officer.
    (c) A public agency employing a code enforcement officer shall
adopt a set of standards and minimum education requirements that do
all of the following:
   (1) Establish the number of hours of continuing education required
for an employee to be certified as a code enforcement officer.
   (2) Establish an approved curriculum, which shall include material
regarding changes in applicable law.
   (3) Require code enforcement officers to complete, and certify
code enforcement officers as having successfully completed, the
following training programs:
   (A) A code enforcement officer shall successfully complete a
certified basic training program within 12 months of his or her
initial appointment. Training may be suspended in the event of an
interruption in employment, but each period of service as a code
enforcement officer shall be counted toward the 12-month time period
described in this subparagraph. The failure of a code enforcement
officer to complete a certified basic training program within two
years after his or her initial appointment shall result in the
forfeiture of any accrued training credit.
   (B) A code enforcement officer shall successfully complete the
intermediate level of certified training within 12 months from when
he or she successfully completes the basic training program.
   (C) A code enforcement officer shall successfully complete the
advanced level of certification within 24 months from when he or she
successfully completes the intermediate training program.
   (D) Code enforcement officers shall successfully complete a
minimum of 16 hours of in-service training each year to maintain a
minimum level of proficiency and certification by California
Association of Code Enforcement Officers or an institute of higher
education.
   (d) The certified training program described in paragraph (3) of
subdivision (c) shall be administered by any of the following:
   (1) An organization comprised of at least 750 code enforcement
officers, which provides at least 20,000 hours of annual person-hours
of training.
   (2) A career technical education program.
   (3) An institution of higher education.
  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.