Amended in Senate May 7, 2013

Amended in Senate April 10, 2013

Senate BillNo. 298


Introduced by Senators Wyland and Walters

February 15, 2013


An act tobegin delete amend Section 53069.8end deletebegin insert add and repeal Section 53069.81end insert of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 298, as amended, 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 wouldbegin insert, until January 1, 2017,end insert authorizebegin delete aend deletebegin insert theend insert board of supervisors ofbegin delete a county, and a legislative body of a city,end deletebegin insert Orange Countyend insert to contract to provide supplemental law enforcement services to a homeowners’ association on an occasional or ongoing basis to enforce the Vehicle Code on a homeowners’ association’s privately owned and maintained road, as specified.

begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 53069.81 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert53069.81.end insert  

(a) The board of supervisors of Orange County
4may, as part of a pilot project, contract on behalf of the sheriff of
5that county to provide supplemental law enforcement services to
6homeowners’ associations, as defined in Section 4080 of the Civil
7Code, on an occasional or ongoing basis to enforce the Vehicle
8Code on a homeowners’ association’s privately owned and
9maintained road, as provided by Section 21107.7 of the Vehicle
10Code.

11(b) Contracts entered into pursuant to this section shall provide
12for full reimbursement to the county of the actual costs of providing
13those services, as determined by the county auditor or
14auditor-controller.

15(c) (1) The services provided pursuant to this section shall be
16rendered by regularly appointed full-time peace officers, as defined
17in Section 830.1 of the Penal Code.

18(2) Notwithstanding paragraph (1), services provided in
19connection with special events or occurrences, as specified in
20paragraph (1) of subdivision (a) of Section 830.6 of the Penal
21Code, may be rendered by Level I reserve peace officers, as defined
22in paragraph (2) of subdivision (a) of Section 830.6 of the Penal
23Code, who are authorized to exercise the powers of a peace officer,
24as defined in Section 830.1 of the Penal Code, if regularly
25appointed full-time peace officers are not available to fill the
26positions as required in the contract.

27(d) Peace officer rates of pay shall be governed by a
28memorandum of understanding.

29(e) A contract entered into pursuant to this section shall
30 encompass only law enforcement duties and not services authorized
31to be provided by a private patrol operator, as defined in Section
327582.1 of the Business and Professions Code.

33(f) Contracting for law enforcement services, as authorized by
34this section, shall not reduce the normal and regular ongoing
35service that the county or agency of the county otherwise would
36provide.

P3    1(g) Prior to contracting for ongoing services under subdivision
2(a), the board of supervisors shall discuss the contract and the
3requirements of this section at a duly noticed public hearing.

4(h) On or before June 30, 2016, the Department of Justice shall
5prepare and submit to the Legislature a report on the impact that
6a contract entered into pursuant to this section has on the provision
7of law enforcement services to people in communities within the
8county that are not served by supplemental police services provided
9pursuant to this section. This report shall be submitted in
10compliance with Section 9795.

11(i) This section shall remain in effect only until January 1, 2017,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2017, deletes or extends that date.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
15is necessary and that a general law cannot be made applicable
16within the meaning of Section 16 of Article IV of the California
17Constitution because of the presence within the county of a unique
18homeowner association that is comprised of over 15,000 people
19with extensive private roads that need law enforcement.

end insert
begin delete
20

SECTION 1.  

Section 53069.8 of the Government Code is
21amended to read:

22

53069.8.  

(a) The board of supervisors of a county may contract
23on behalf of the sheriff of that county, and the legislative body of
24a city may contract on behalf of the chief of police of that city, to
25provide supplemental law enforcement services to:

26(1) Private individuals or private entities to preserve the peace
27at special events or occurrences that happen on an occasional basis.

28(2) Private nonprofit corporations that are recipients of federal,
29state, county, or local government low-income housing funds or
30grants to preserve the peace on an ongoing basis.

31(3) Private entities at critical facilities on an occasional or
32ongoing basis. “Critical facility” means a building, structure, or
33complex that in the event of a disaster, whether natural or
34manmade, poses a threat to public safety, including, but not limited
35to, airports, oil refineries, and nuclear and conventional fuel
36powerplants.

37(4) Homeowners’ associations on an occasional or ongoing
38basis to enforce the Vehicle Code on a homeowners’ association’s
39privately owned and maintained road, as provided by Section
P4    121107.7 of the Vehicle Code. “Association” has the same meaning
2as defined in subdivision (a) of Section 1351 of the Civil Code.

3(b) Contracts entered into pursuant to this section shall provide
4for full reimbursement to the county or city of the actual costs of
5providing those services, as determined by the county auditor or
6auditor-controller, or by the city.

7(c) (1) The services provided pursuant to this section shall be
8rendered by regularly appointed full-time peace officers, as defined
9in Section 830.1 of the Penal Code.

10(2) Notwithstanding paragraph (1), services provided in
11connection with special events or occurrences, as specified in
12paragraph (1) of subdivision (a), may be rendered by Level I
13reserve peace officers, as defined in paragraph (2) of subdivision
14(a) of Section 830.6 of the Penal Code, who are authorized to
15exercise the powers of a peace officer, as defined in Section 830.1
16of the Penal Code, if there are no regularly appointed full-time
17peace officers available to fill the positions as required in the
18contract.

19(d) Peace officer rates of pay shall be governed by a
20memorandum of understanding.

21(e) A contract entered into pursuant to this section shall
22encompass only law enforcement duties and not services authorized
23to be provided by a private patrol operator, as defined in Section
247582.1 of the Business and Professions Code.

25(f) Contracting for law enforcement services, as authorized by
26this section, shall not reduce the normal and regular ongoing
27service that the county, agency of the county, or city otherwise
28would provide.

29(g) Prior to contracting for ongoing services under paragraph
30(2), (3), or (4) of subdivision (a), the board of supervisors or
31legislative body, as applicable, shall discuss the contract and the
32requirements of this section at a duly noticed public hearing.

end delete


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