BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, 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. SB 298 (Wyland) Page 1 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 SB 298 (Wyland) Page 2 provisions of this bill would result in one-time costs potentially in excess of $150,000 (General Fund).