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 the Board of Supervisors ofbegin delete Orangeend deletebegin insert theend insert Countybegin insert of Orangeend insertbegin insert or the city council of a city within this 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. 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 contractbegin insert,end insertbegin delete andend delete would require the board of supervisors begin insertor city council end insertto reimburse the department for the costs of this reportbegin insert, and would authorize the board of supervisors or city council to seek reimbursement for these costsend insert.
This
bill would make legislative findings and declarations as to the necessity of a special statute forbegin delete Orangeend deletebegin insert theend insert Countybegin insert of Orange and a city within this countyend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53069.81 is added to the Government
2Code, to read:
(a) The Board of Supervisors ofbegin delete Orangeend deletebegin insert theend insert County
4begin insert of Orangeend insertbegin insert or the city council of a city within that countyend insert may, as
5part of a pilot project, contractbegin delete on behalf of the sheriff of that to provide supplemental law enforcement services to
6countyend delete
7homeowners’ associations, as defined
in Section 4080 of the Civil
8Code, on an occasional or ongoing basis to enforce the Vehicle
9Code on a homeowners’ association’s privately owned and
10maintained road, as provided by Section 21107.7 of the Vehicle
11Code.
12(b) Contracts entered into pursuant to this section shall provide
13for full reimbursement to the county begin insertor city end insertof the actual costs of
14providing those services, as determined by the county auditor or
15auditor-controllerbegin insert or the city auditorend insert.
16(c) (1) The services provided pursuant to this section shall be
17rendered by regularly appointed full-time peace officers,
as defined
18in Section 830.1 of the Penal Code.
19(2) Notwithstanding paragraph (1), services provided in
20connection with special events or occurrences, as specified in
21paragraph (1) of subdivision (a) of Section 830.6 of the Penal
22Code, may be rendered by Level I reserve peace officers, as defined
23in paragraph (2) of subdivision (a) of Section 830.6 of the Penal
24Code, who are authorized to exercise the powers of a peace officer,
25as defined in Section 830.1 of the Penal Code, if regularly
26appointed full-time peace officers are not available to fill the
27positions as required in the contract.
28(d) Peace officer rates of pay shall be governed by a
29memorandum of understanding.
P3 1(e) A contract entered into pursuant to this
section shall
2encompass only law enforcement duties and not services authorized
3to be provided by a private patrol operator, as defined in Section
47582.1 of the Business and Professions Code.
5(f) Contracting for law enforcement services, as authorized by
6this section, shall not reduce the normal and regular ongoing
7service that the county or begin insertcity or end insertagency of the county begin insertor city end insert
8otherwise would provide.
9(g) Prior to contracting for ongoing services under subdivision
10(a), the board of supervisors begin insertor city council end insertshall
discuss the
11contract and the requirements of this section at a duly noticed
12public hearing.
13(h) On or before June 30, 2016, if the board of supervisorsbegin insert
or
14city councilend insert enters into the contract authorized pursuant to
15subdivision (a), the
Department of Justice shall prepare and submit
16to the Legislature a report on the impact that a contract entered
17into pursuant to this section has on the provision of law
18enforcement services to people in communities within the county
19that are not served by supplemental police services provided
20pursuant to this section. This report shall be submitted in
21compliance with Section 9795. begin delete The Board of Supervisors of begin insert If the board of supervisors or city council enters
22Orange Countyend delete
23into the contract, the board of supervisors or city council, as
24appropriate,end insert shall reimburse the department for the costs of
25preparing and submitting the reportbegin insert and may seek reimbursement
26from
the homeowner’s association for these costsend insert.
27(i) This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2017, deletes or extends that date.
The Legislature finds and declares that a special law
31is necessary and that a general law cannot be made applicable
32within the meaning of Section 16 of Article IV of the California
33Constitution because of the presence within thebegin delete countyend deletebegin insert County of
34Orange and a city within that countyend insert of a unique homeowner
35association that is comprised of over 15,000 people with extensive
36private roads that need law enforcement.
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95