Amended in Senate May 28, 2013

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 to add and repeal Section 53069.81 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 would, until January 1, 2017, authorize thebegin delete boardend deletebegin insert Boardend insert ofbegin delete supervisorsend deletebegin insert Supervisorsend insert of Orange County 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 It would also require, on or before June 30, 2016, the Department of Justice to prepare and submit a report to the Legislature on certain impacts of this contract and would require the board of supervisors to reimburse the department for the costs of this report.end insert

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

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

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

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SECTION 1.  

Section 53069.81 is added to the Government
2Code
, to read:

3

53069.81.  

(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
30encompass 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
P3    1service that the county or agency of the county otherwise would
2provide.

3(g) Prior to contracting for ongoing services under subdivision
4(a), the board of supervisors shall discuss the contract and the
5requirements of this section at a duly noticed public hearing.

6(h) On or before June 30, 2016, begin insertif the board of supervisors enters
7into the contract authorized pursuant to subdivision (a), end insert
the
8 Department of Justice shall prepare and submit to the Legislature
9a report on the impact that a contract entered into pursuant to this
10section has on the provision of law enforcement services to people
11in communities within the county that are not served by
12supplemental police services provided pursuant to this section.
13This report shall be submitted in compliance with Section 9795.
14begin insert The Board of Supervisors of Orange County shall reimburse the
15department for the costs of preparing and submitting the report.end insert

16(i) This section shall remain in effect only until January 1, 2017,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2017, deletes or extends that date.

19

SEC. 2.  

The Legislature finds and declares that a special law
20is necessary and that a general law cannot be made applicable
21within the meaning of Section 16 of Article IV of the California
22Constitution because of the presence within the county of a unique
23homeowner association that is comprised of over 15,000 people
24with extensive private roads that need law enforcement.



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