BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 128 (Bradford) - Peace officers: airport law enforcement. Amended: As Introduced Policy Vote: Public Safety 4-2 Urgency: No Mandate: No Hearing Date: August 30, 2013 Consultant: Jolie Onodera SUSPENSE FILE. Bill Summary: AB 128 would change the peace officer status of airport law enforcement regularly employed by Los Angeles World Airports (LAWA) to peace officers whose authority extends to any place in California, as specified. Fiscal Impact: Unknown, future costs potentially in excess of $150,000 (Special Fund*) to the extent the upgraded peace officer status of LAWA law enforcement officers results in state reimbursement from the Commission on Peace Officer Standards and Training (POST) to LAWA for enhanced investigative/tactical training. *Peace Officers' Training Fund Background: Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under current law, persons employed as airport law enforcement officers are granted peace officer status under Penal Code (PC) § 830.33, and may carry firearms only if authorized and under terms and conditions specified by their employing agency, whose authority extends to any place in California for the purpose of performing their primary duty, or when making an arrest for a public offense where there is immediate danger to a person or property, or during a state of emergency. In comparison, existing law under PC § 830.1 extends broader authority to peace officers to any place in California as to a public offense committed within the political subdivision that employs the peace officer or in which the peace officer serves. Current law provides that in order to change peace officer designation or status, POST must be requested to undertake a study to assess the need for such a change and requires POST to AB 128 (Bradford) Page 1 undertake the study in accordance with its regulations. LAWA requested a feasibility study regarding a change in designation for LAWA airport law enforcement officers from PC § 830.33 to PC § 830.1. POST completed its study on June 1, 2005, and recommended that LAWA police officers be designated as peace officers under PC § 830.1. The study acknowledged that the duties and responsibilities of LAWA officers stem from the Airport Commission and cited 10 duties and responsibilities which require the additional authority provided by PC § 830.1 designation, including but not limited to the need to possess explosives for training canine for bomb detection, the duty to seize explosives and incendiary devices, including unclassified explosives, the need to possess diversionary devices to immediately control an incident at airports, and the authority for an officer to seize firearms or other deadly weapons at the scene of domestic violence calls in and around airport terminals, in residential areas owned by airports and in businesses under LAWA's control. Proposed Law: This bill would reclassify any person regularly employed as an airport law enforcement officer by the LAWA from his or her current peace officer status pursuant to PC § 830.33 to the status and authority granted under PC § 830.1. In addition, this bill: Defines "Los Angeles World Airports" as the department of the City of Los Angeles that owns and operates the Los Angeles (LA) International Airport, the Ontario International Airport, the Palmdale Regional Airport, and the Van Nuys Airport. Includes the Legislative finding and declaration that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles relating to law enforcement at the LA International Airport. Prior Legislation: AB 2137 (Bradford) 2012 and AB 1377 (Butler) 2011 were nearly identical to this measure. Both bills were held on the Suspense File of the Assembly Committee on Appropriations. AB 1882 (Frommer) 2006 was nearly identical to this measure and was not heard in the Senate Committee on Public Safety. AB 128 (Bradford) Page 2 Staff Comments: The Commission on POST has indicated the reclassification of LAWA airport law enforcement officers from PC § 830.33 to PC § 830.1 status could result in the provision of increased training to LAWA law enforcement officers. While all LAWA law enforcement officers have already met full POST training standards, the enhanced duties and authority of PC § 830.1 status creates the potential for additional training and subsequent POST reimbursement. Examples of specialized training in the following areas could be required for some number of LAWA peace officers: firearm seizure, detective training, explosives, bomb squad, special weapons and tactics (SWAT) units. It is unknown the degree to which additional training will be sought and provided, but annual reimbursement from the Peace Officers' Training Fund could potentially exceed $150,000 (Special Fund). A Memorandum of Agreement (MOA) between the LAWA and the Los Angeles Police Department (LAPD) encompassing the Los Angeles International Airport (LAX) and Van Nuys Airport (VNY) indicates that LAX and VNY require specialized bomb squad and SWAT services that are best provided by the expertise and experience of the LAPD. The MOA states LAWA agrees to rely solely on LAPD for these services subject to separate letters of agreement. To the extent LAWA continues to utilize these LAPD services, additional costs for SWAT and bomb squad training may not be incurred. However, staff notes the MOA may be terminated at any time by either party with or without cause with 30 days written notice. Should the MOA be terminated or revised at any point in the future, additional specialized training for LAWA law enforcement officers could be required. In addition, as defined under the provisions of this measure, the LAWA includes the Ontario International Airport and Palmdale Regional Airport, which are not covered under the provisions of the MOA.