BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 298 (Wyland) - Local government: supplemental law enforcement  
          services.
          
          Amended: May 7, 2013            Policy Vote: Public Safety 7-0
          Urgency: No                     Mandate: No
          Hearing Date: May 23, 2013      Consultant: Jolie Onodera
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 298 would authorize, until January 1, 2017, the  
          board of supervisors of Orange County to contract to provide  
          supplemental law enforcement services to a homeowners'  
          association to enforce the Vehicle Code on privately owned and  
          maintained roads, as specified. This bill requires the  
          Department of Justice (DOJ) to prepare and submit a report to  
          the Legislature by June 30, 2016, on the impact that such a  
          contract had on the provision of law enforcement services to  
          people in communities within the county not served by the  
          supplemental police services.

          Fiscal Impact: One-time costs potentially in excess of $150,000  
          (General Fund) to the DOJ to prepare and submit the required  
          report to the Legislature.

          Background: Under current law the board of supervisors of any  
          county may contract on behalf of the sheriff of that county, and  
          the legislative body of any city may contract on behalf of the  
          chief of police of that city, to provide supplemental law  
          enforcement services to private individuals or entities at  
          special events or on an occasional basis. Existing law provides  
          that contracting for law enforcement services shall not reduce  
          the normal and regular ongoing service that the county, agency  
          of the county, or city otherwise would provide. 

          This bill would authorize the Orange County Board of Supervisors  
          to enter into contracts on behalf of their sheriff's department  
          with private homeowners' associations to enforce the Vehicle  
          Code on the homeowner's associations' "privately owned and  
          maintained roads," as defined, on an occasional or ongoing  
          basis. 









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          Proposed Law: This bill provides that the board of supervisors  
          of Orange County may, as part of a pilot project, contract on  
          behalf of the sheriff of that county to provide supplemental law  
          enforcement services to homeowners' associations, as defined, on  
          an occasional or ongoing basis to enforce the Vehicle Code on a  
          homeowners' association's privately owned and maintained road,  
          as specified. Specifically, this bill:
               Provides that contracts entered into shall provide for  
              full reimbursement to the county of the actual costs of  
              providing those services, as determined by the county  
              auditor or auditor-controller.
               Provides that the services provided shall be rendered by  
              regularly appointed full-time peace officers, as specified.
               Provides that peace officer rates of pay shall be governed  
              by a memorandum of understanding.
               Provide that 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. 
               Provide that contracting for law enforcement services  
              shall not reduce the normal and regular ongoing service that  
              the county or agency of the county otherwise would provide.
               Requires that by June 30, 2016, the DOJ prepare and submit  
              to the Legislature a report on the impact that a contract  
              entered into pursuant to this pilot has on the provision of  
              law enforcement services to people in communities within the  
              county that are not served by supplemental police services  
              provided in the pilot. 
               Sunsets the provisions of the bill on January 1, 2017.

          Related Legislation: AB 1643 (Dickinson) Chapter 48/2012  
          expanded the authority of the Sacramento County Sheriff and the  
          Chief of Police of the City of Sacramento to hire sheriffs or  
          police security officers for the purpose of protecting any  
          properties owned or operated by any public agency, privately  
          owned company, or nonprofit entity, whose primary business  
          supports national defense, or whose facility qualified as a  
          national critical infrastructure under federal law, or that  
          stores or manufactures material that, if stolen, vandalized, or  
          otherwise compromised, may compromise national security or pose  
          a danger to residents within the County of Sacramento.

          Staff Comments: Estimated costs for DOJ staff time and resources  
          necessary to complete the study as specified under the  








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          provisions of this bill would result in one-time costs  
          potentially in excess of $150,000 (General Fund).