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. AS AMENDED.
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 (as approved on August 30, 2013): 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
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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.
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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.
The committee amendments make the provisions of the bill
effective on April 1, 2014, contingent upon the City of Los
Angeles taking the necessary actions to bring the peace officers
of the LAWA, the Los Angeles Port Police, and the Los Angeles
Harbor Police under the jurisdiction and control of the
Inspector General of the Los Angeles Police Commission. If the
City of Los Angeles does not take the necessary actions and the
Inspector General does not post that action on its internet
website on or before April 1, 2014, the provisions of the bill
become inoperative.
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