Senate BillNo. 298


Introduced by Senators Wyland and Walters

February 15, 2013


An act to amend Section 53069.8 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 298, as introduced, Wyland. Local government: supplemental law enforcement services.

Existing law provides that a board of supervisors of a county, and a legislative body of a city, may contract to provide supplemental law enforcement services to private individuals or entities at special events or occurrences.

This bill would authorize a board of supervisors of a county, and a legislative body of a city, to contract to provide supplemental law enforcement services to a homeowners’ association on an occasional or ongoing basis.

Existing law provides that a contract entered into by a board of supervisors of a county or a legislative body of a city to provide supplemental law enforcement services shall encompass only law enforcement duties and not services authorized to be provided by a private patrol operator, as defined.

This bill would delete that restriction.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 53069.8 of the Government Code is
2amended to read:

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53069.8.  

(a) The board of supervisors ofbegin delete anyend deletebegin insert aend insert county may
2contract on behalf of the sheriff of that county, and the legislative
3body ofbegin delete anyend deletebegin insert aend insert city may contract on behalf of the chief of police of
4that city, to provide supplemental law enforcement services to:

5(1) Private individuals or private entities to preserve the peace
6at special events or occurrences that happen on an occasional basis.

7(2) Private nonprofit corporations that are recipients of federal,
8state, county, or local government low-income housing funds or
9grants to preserve the peace on an ongoing basis.

10(3) Private entities at critical facilities on an occasional or
11ongoing basis.begin delete A “criticalend deletebegin insert “Criticalend insert facility” meansbegin delete anyend deletebegin insert aend insert building,
12structure, or complex that in the event of a disaster, whether natural
13or manmade, poses a threat to public safety, including, but not
14limited to, airports, oil refineries, and nuclear and conventional
15fuel powerplants.

begin insert

16(4) Homeowners’ associations on an occasional or ongoing
17basis. “Association” has the same meaning as defined in
18subdivision (a) of Section 1351 of the Civil Code.

end insert

19(b) Contracts entered into pursuant to this section shall provide
20for full reimbursement to the county or city of the actual costs of
21providing those services, as determined by the county auditor or
22auditor-controller, or by the citybegin delete, as the case may beend delete.

23(c) (1) The services provided pursuant to this section shall be
24rendered by regularly appointed full-time peace officers, as defined
25in Section 830.1 of the Penal Code.

26(2) Notwithstanding paragraph (1), services provided in
27connection with special events or occurrences, as specified in
28paragraph (1) of subdivision (a), may be rendered by Level I
29reserve peace officers, as defined in paragraph (2) of subdivision
30(a) of Section 830.6 of the Penal Code, who are authorized to
31exercise the powers of a peace officer, as defined in Section 830.1
32of the Penal Code, if there are no regularly appointed full-time
33peace officers available to fill the positions as required in the
34contract.

35(d) Peace officer rates of pay shall be governed by a
36memorandum of understanding.

begin delete

37(e) A contract entered into pursuant to this section shall
38encompass only law enforcement duties and not services authorized
39to be provided by a private patrol operator, as defined in Section
407582.1 of the Business and Professions Code.

end delete
begin delete

P3    1(f)

end delete

2begin insert(e)end insert Contracting for law enforcement services, as authorized by
3this section, shall not reduce the normal and regular ongoing
4service that the county, agency of the county, or city otherwise
5would provide.

begin delete

6(g)

end delete

7begin insert(f)end insert Prior to contracting for ongoing services under paragraph
8begin delete (2) orend deletebegin insert (2),end insert (3)begin insert, or (4)end insert of subdivision (a), the board of supervisors
9or legislative body, as applicable, shall discuss the contract and
10the requirements of this section at a duly noticed public hearing.



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