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       

          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  

          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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