BILL ANALYSIS �
AB 979
Page 1
Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 979 (Weber) - As Amended: April 1, 2013
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires specified peace officers assigned to a
jurisdiction that includes "navigable waters" to complete a
course in basic maritime operations for law enforcement
officers. Specifically, this bill:
1)Requires the maritime training if the officer is employed by a
city, county, or district that has adopted a resolution
implementing the training requirement and identifying the
specific classifications of peace officers subject to the
training.
2)Specifies the course shall include boat handling, chart
reading, navigation rules, and comprehensive training
regarding maritime boarding, arrest procedures, vessel
identification, searches, and counterterrorism practices and
procedures, and requires the curriculum be consistent with
federal standards.
3)Provides the provisions become operative only when the federal
Department of Homeland Security provides funding to the
locality to implement the training and the locality adopts a
resolution agreeing to implement the training.
4)Defines "waterborne environment" as a jurisdiction that
includes a port, navigable waters, dockside environments, or
recreational areas near or on navigable waters.
FISCAL EFFECT
1)Significant costs - potentially in excess of $1 million
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statewide - to develop material, provide training, verify
completion and competency, and backfill the positions of local
officers required to take the training. The bill specifies the
proposed training becomes operative only if and when federal
funding from the Department of Homeland Security is made
available to a specific local law enforcement entity for this
purpose.
While the bill does not specify who would create, implement
and administer the training, or specify the duration of the
training, the frequency of the training, deadlines by which
training must be completed, or how to measure the success of
the training (for example, tactical training, training on
handling a boat, boarding a boat, and navigating a vessel, is
probably not best accomplished by watching a video or via
on-line instruction), at a minimum the bill would require:
a) Development of a course of instruction, likely at a cost
in the range of $200,000, for online training, which must
be "consistent with federal standards and tactical
training." Costs could increase significantly to the extent
training includes hands-on experience with a boat, for
example, and/or if competency is measured, or if training
is classroom-based.
Should whatever entity develops the training determine the
need to make water training experiential, costs would
increase for instructors, creation of a water training
site, rental or purchase of vessels, instructor standards
and training for instructors, and maintenance and site
security.
b) If the training is developed and conducted by the
California Commission on Peace Officers Standards and
Training (POST), the posts of officers required to take the
training would be eligible for backfill reimbursement,
potentially in the hundreds of thousands of dollars. To the
extent officers travel for training, and spend a night away
from home, reimbursement costs would increase.
c) If POST were to administer the proposed training,
first-year POST administrative costs, to oversee
development and training, and particularly to identify and
define "waterborne environments" would likely be in the
range of $50,000.
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COMMENTS
1)Rationale . The author contends marine peace officer training
needs enhancement. According to the sponsor, the Port of L.A.,
"A POST Certified curriculum consistent with federal doctrine
and current tactical training would benefit the growing number
of law enforcement agencies that have created maritime units.
Course curriculum would provide basic instruction for
crewmembers on law enforcement and public safety vessels
operated by local authorities. Boat handling, chart reading
and navigation rules are a necessity to personnel.
Additionally, training on maritime boardings, arrest
procedures, vessel identification, searches, and
counter-terrorism practices and procedures are critical to
waterborne policing. This training would also achieve
consistent adherence to the Department of Homeland Security's
strategy for maritime security to combat terrorism."
2)Who would develop, implement and administer training ? POST
currently offers maritime training for state and local peace
officers and would appear to be the appropriate entity to
develop and administer more in-depth training, should such
training is determined to be necessary. A federal entity, the
Federal Law Enforcement Training Center (FLETC), headquartered
in Georgia, may also be interested in administering maritime
training.
According to the FLETC website, "The Federal Law Enforcement
Training Centers (FLETC) mission is "We train those who
protect our homeland." To carry out this mission, the FLETC
serves as an interagency law enforcement training organization
for 91 federal agencies or Partner Organizations. The FLETC
also provides training to state, local, rural, tribal,
territorial, and international law enforcement agencies?.
Although the FLETC trains officers and agents from all federal
departments and all three branches of government, it is a
component of the Department of Homeland Security."
The administration, scope, objectives and methodology of the
proposed training need additional development. The author and
sponsor have agreed to continue working on such detail while
the bill is on the Suspense File.
3)Prior Legislation . AB 2571 (Silva), 2012, required every peace
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officer assigned to a jurisdiction that includes a waterborne
environment to complete a POST course in basic maritime law
for law enforcement officers, as a condition of receiving
specified state aid. AB 2571 was held on this committee's
Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081