Amended in Assembly September 6, 2013

Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate May 7, 2013

Amended in Senate April 10, 2013

Senate Bill No. 298

Introduced by Senators Wyland and Walters

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(Coauthor: Assembly Member Harkey)

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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 the Board of Supervisors of the County of Orange or the city council of a city within this 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. 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, would require the board of supervisors or city council to reimburse the department for the costs of this report, and would authorize the board of supervisors or city council to seek reimbursement for these costs.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange and a city within begin delete this end delete begin insert that end insert county.

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

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

SECTION 1.  

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

53069.81.  

(a) The Board of Supervisors of the County of
Orange or the city council of a city within that county may, as part
of a pilot project, contract to provide supplemental law enforcement
services to homeowners’ associations, as defined in Section 4080
of the Civil Code, on an occasional or ongoing basis to enforce
the Vehicle Code on a homeowners’ association’s privately owned
and maintained road, as provided by Section 21107.7 of the Vehicle
Code.

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

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

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

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

(e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized
to be provided by a private patrol operator, as defined in Section
7582.1 of the Business and Professions Code.

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

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

(h) On or before June 30, 2016, if the board of supervisors or
city council enters into the contract authorized pursuant to
subdivision (a), the Department of Justice shall prepare and submit
to the Legislature a report on the impact that a contract entered
into pursuant to this section has on the provision of law
enforcement services to people in communities within the county
that are not served by supplemental police services provided
pursuant to this section. This report shall be submitted in
compliance with Section 9795. If the board of supervisors or city
council enters into the contract, the board of supervisors or city
council, as appropriate, shall reimburse the department for the
costs of preparing and submitting the report and may seek
reimbursement from the begin delete homeowner’s end delete begin insert homeowners’ end insert association
for these costs.

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

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the presence within the County of Orange
and a city within that county of a unique begin delete homeowner end delete begin insert homeowners’ end insert
association that is comprised of over 15,000 people with extensive
private roads that need law enforcement.