BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 428|
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                                 THIRD READING


          Bill No:  SB 428
          Author:   Strickland (R)
          Amended:  5/31/11
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 5/3/11
          AYES:  Hancock, Calderon, Harman, Liu, Price, Steinberg
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Lieu, Pavley, Price, 
            Runner, Steinberg
          NO VOTE RECORDED:  Emmerson


           SUBJECT  :    Public Safety Omnibus Bill

           SOURCE  :     Various Sources


           DIGEST  :    This bill enacts the Lesters Law which makes 
          technical and corrective changes to various code sections 
          relating generally to criminal justice laws, as specified.

           ANALYSIS  :    Existing law directs California Environmental 
          Protection Agency (CalEPA) to provide the Commission on 
          Peace Officers Standards and Training (POST) a portion of 
          the Local Environmental Enforcement and Training for the 
          development of environmental crimes training for peace 
          officers. (Penal Code Section 14314)

          This bill allows POST to decline all or part of the funds.
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          According to POST, at this time, there is no unmet training 
          need.  POST has delivered 1,600 copies of the Environmental 
          Crimes training video to the field, 2,143 students have 
          completed the self-paced course, and a classroom course is 
          being presented through San Diego Regional Training Center 
          starting in February 2011.  The amount of the grant varies, 
          depending on the fines allocated to the account by 
          prosecutors, and the amount allocated to POST has steadily 
          decreased.  From 2005 to 2007 POST received $100,000 
          annually, $32,000 in 2008, $72,000 in 2009, and will 
          receive $17,557 for FY 10/11.  CalEPA staff has predicted 
          the amount to remain at this level or lower for the next 
          two to three years.  However, the cost of producing a 
          training video is $116,000 and the cost to develop a 
          self-paced course is $250,000.  The change in PC14314 would 
          allow POST to keep its resources focused in areas that are 
          consistent with the priorities and needs of 
          POST-participating agencies.  

          Existing law authorizes a peace officer who retires to 
          purchase his or her department issued handgun. (Public 
          Contract Code Section 10334)

          This bill authorizes the spouse of a peace officer, who has 
          died in the line of duty, to purchase their deceased 
          spouse's department issued firearm. 

          According to the Senate Public Safety Committee analysis, 
          this provision is needed to authorize the spouse of a state 
          peace officer that has died in the line-of-duty to purchase 
          his/her spouse's departmental issued handgun.  Numerous 
          spouses have asked to purchase the handgun of their 
          deceased state peace officer spouse after they have died in 
          the line-of-duty as a token of remembrance.  Unfortunately, 
          current law does not authorize a state law enforcement 
          agency head to do this.  This provision simply gives state 
          law enforcement agency heads the authority to allow this 
          handgun purchase.  California Highway Patrol reports this 
          change does not abrogate any existing handgun transfer 
          requirements.

          Existing law prohibits a person from driving a motor 
          vehicle to tow a person on a motorcycle, motorized bicycle, 







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          bicycle, coaster, roller skates, sled or toy vehicle or for 
          a person on such a vehicle to be towed by a motor vehicle.  
          (Vehicle Code Sections 21203; 21712)

          This bill prohibits the towing of a person on or being 
          towed while on a tricycle, four-wheeled cycle, surrey, 
          roller skis, wheeled shoes, skateboard, or scooter.

          Vehicle Code Sections 21203 and 21712 prohibit a person 
          from towing, and from being towed by a vehicle on, a person 
          riding a bicycle, a coaster, and various other devices, but 
          does not include skateboards or scooters.  There is a very 
          limited authority as to what constitutes a "coaster," but 
          it appears to refer primarily to a wagon or sled.   The 
          terms in the bill are archaic and do not cover the types of 
          non-motor vehicles used today. 

          An individual riding a skateboard being towed by a vehicle 
          was recently killed in Ventura County when the wheel of the 
          vehicle hit the skateboard and ejected the rider.  Similar 
          deaths have occurred in other areas of the state.  Towing a 
          skateboard or scooter is as dangerous as towing the other 
          devices listed in the section and should be prohibited.

          This bill makes a number of technical amendments to various 
          code sections.

           Comments
           
           This is the annual omnibus bill  .  In past years, the 
          omnibus bill has been introduced by all members of the 
          Senate Public Safety Committee.  This year, like last year, 
          Senator Strickland is carrying the bill.  This bill is 
          similar to the ones introduced as Committee bills in the 
          past in that it has been introduced with the following 
          understanding:

                 The bill's provisions make only technical or minor 
               changes to the law.
                 There is no opposition by any member of the 
               Legislature or recognized group to the proposal.
           
          This procedure has allowed for introduction of fewer minor 
          bills and has saved the Legislature time and expense over 







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          the years.

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  

          Reallocation of POST                              Up to 
          $100 annually; no net impact                      General**
          funds               to CalEPA appropriation of funds

          **Environmental Enforcement and Training Account 

           SUPPORT  :   (Verified  5/31/11)

          Judicial Council
          Peace Officers Standards and Training


          RJG:do  5/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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