BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 298| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 298 Author: Wyland (R) and Walters (R) Amended: 5/28/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13 AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SUBJECT : Local government: supplemental law enforcement services SOURCE : Orange County Board of Supervisors DIGEST : This bill authorize, until January 1, 2017, the Board of Supervisors of Orange County (OCBOS) to contract to provide supplemental law enforcement services to a homeowners association (HOA) to enforce the Vehicle Code (VEH) 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. ANALYSIS : Existing law provides: CONTINUED SB 298 Page 2 1. 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, as specified. 2. Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions, as specified, to those roads. No ordinance or resolution shall be enacted unless it is first filed with the city or county a petition requesting it by a majority of the owners of any privately owned and maintained road, or by at least a majority of the board of directors of a common interest development, as defined, that is responsible for maintaining the road, and without a public hearing thereon and 10 days' prior written notice to all owners of the road or all of the owners in the development. Upon enactment of the ordinance or resolution, the provisions of the VEH shall apply to the privately owned and maintained road if appropriate signs are erected at the entrance to the road of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the road is subject to the provisions of this code. The city or county may impose reasonable conditions and may authorize the owners, or board of directors of the common interest development, to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation. 3. The DOJ shall not be required to provide patrol or enforce any provisions on any privately owned and maintained road subjected to the provisions as specified, except those provisions applicable to private property other than by action. 4. As used in VEH Section 21107.7, "privately owned and maintained roads" includes roads owned and maintained by a CONTINUED SB 298 Page 3 city, county, or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel. This bill: 1. Authorizes, until January 1, 2017, the OCBOS, as part of a pilot project, contract on behalf of the sheriff to provide supplemental law enforcement services to HOAs on an occasional or ongoing basis to enforce the VEH on a HOA's privately owned and maintained road. 2. Requires contracts entered into provide for full reimbursement to the County of the actual costs of providing those services, as determined by the county auditor or auditor-controller. 3. Requires the services provided be rendered by regularly appointed full-time peace officers, unless as specified, and provides the peace officer rates of pay shall be governed by a memorandum of understanding. 4. Specifies that the contract encompass only law enforcement duties and not services authorized to be provided by a private patrol operator. 5. Provides that the 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. 6. Requires, prior to contracting for ongoing services, the OCBOS discuss the contract and the requirements of this bill at a duly noticed public hearing. 7. Requires, on or before June 30, 2016, the DOJ prepare and submit to the Legislature a report on the impact that a contract entered into pursuant to this bill has on the provision of law enforcement services to people in communities within Orange County that are not served by supplemental police services. 8. Requires, the OCBOS to reimburse the DOJ for the costs of preparing and submitting the report. CONTINUED SB 298 Page 4 Prior Legislation AB 1643 (Dickenson, Chapter 48, Statutes of 2012) authorized the Sacramento County Sheriff or Sacramento Police Chief to provide the services of sheriff's or police security officers, who are not peace officers, to provide security services at properties owned publicly or privately, whose primary business supports national defense, or whose facility is qualified as a national critical infrastructure under federal law or by a federal agency, 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No According to the Senate Appropriations Committee, there will be one-time costs potentially in excess of $150,000 (General Fund) to the DOJ to prepare and submit the required report to the Legislature. SUPPORT : (Verified 5/22/13) Orange County Board of Supervisors (source) California State Sheriffs' Association OPPOSITION : (Verified 5/22/13) Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : According to the author: State law currently limits the options available to homeowner's associations for law enforcement services. Traditionally, unincorporated areas are patrolled by local law enforcement for general law enforcement services, such as responding to crimes or criminal complaints. General law enforcement services do not usually cover traffic enforcement, leaving most homeowners' associations with no one to actively patrol their roads for vehicle code infractions. ? CONTINUED SB 298 Page 5 SB 298 will provide statutory authority for a county or city to enter into a contract with a homeowners' association that owns and maintains their own private roads for the purpose of providing vehicle code enforcement on an occasional or ongoing basis. Homeowner associations would be required to fully reimburse the local government for all costs associated with the additional services provided by law enforcement officials. Additionally, current law requires that no contract entered into can reduce the normal and regular public safety services that the county or city should already provide. ARGUMENTS IN OPPOSITION : Taxpayers for Improving Public Safety writes: Although the purpose may well be for the best interests of a homeowners association, it comes at a cost to the general public. No private company or association should be able to obtain a special benefit not available to the public at large. By way of example, who else, except the special class created by this legislation, may obtain vehicle code violation enforcement for such violations as parking in a no parking or limited parking zone in front of a private home or business by paying the city to provide extra enforcement at a private location. Although police services have suffered significant budget cuts, they should not become "meter maids" for private entities who have the money to pay for special services. Individuals residing in gated and guarded communities in Beverly Hills, La Jolla or Nob Hill should not have special benefits because they can "buy police services." JG:k 5/28/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 298 Page 6 CONTINUED