BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 298
Author: Wyland (R) and Walters (R)
Amended: 9/6/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 37-0, 5/29/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley,
Price, Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland,
Yee
NO VOTE RECORDED: De Le�n, Knight, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Local government: supplemental law enforcement
services
SOURCE : Orange County Board of Supervisors
DIGEST : This bill allows Orange County or a city within
Orange County to contract for supplemental law enforcement
services to enforce the Vehicle Code (VEH) on a homeowners'
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association's privately owned and maintained road.
Assembly Amendments add a coauthor and make clarifying and minor
technical corrections.
ANALYSIS :
Existing law provides:
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.
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3. The Department of Justice (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
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. Allows the Board of Supervisors of Orange County or the city
council of a city within Orange County, as part of a pilot
project, to contract to provide supplemental law enforcement
services to homeowners' associations, as defined in existing
law, on an occasional or ongoing basis to enforce the VEH on
a homeowners' association's privately owned and maintained
road, as specified.
2. Requires contracts entered into pursuant to this bill to
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.
3. Requires the services provided pursuant to this bill to be
rendered by regularly appointed full-time peace officers, as
specified.
4. Allows services provided in connection with special events
or occurrences, as specified, to be rendered by Level I
reserve peace officers, as specified, who are authorized to
exercise the powers of a peace officer, as specified, if
regularly appointed full-time peace officers are not
available to fill the positions as required in the contract.
5. Requires peace officer rates of pay to be governed by a
memorandum of understanding.
6. Requires a contract entered into pursuant to this bill to
encompass only law enforcement duties and not services
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authorized to be provided by a private patrol operator, as
specified.
7. Prohibits contracting for law enforcement services, as
authorized by this bill, from reducing the normal and regular
ongoing service that the county or city or agency of the
county or city otherwise would provide.
8. Requires, prior to contracting for ongoing services under
this bill, the board of supervisors or city council to
discuss the contract and the requirements of this section at
a duly noticed public hearing.
9. Requires, on or before June 30, 2016, if the board of
supervisors or city council enters into the contract
authorized pursuant to this bill, the DOJ to 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 the county that are not served by
supplemental police services provided pursuant to this bill.
This report shall be submitted in compliance with existing
law governing reports to the Legislature. If the board of
supervisors or city council enters into the contract, the
board of supervisors or city council, as appropriate, shall
reimburse DOJ for the costs of preparing and submitting the
report and may seek reimbursement from the homeowners'
association for these costs.
10.Provides that this bill 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.
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,
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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 9/10/13)
Orange County Board of Supervisors (source)
California State Sheriffs' Association
OPPOSITION : (Verified 9/10/13)
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.
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.
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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 9/10/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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