BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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:
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          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  

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             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.


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           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.

            ?


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            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

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