BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 626|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 626
          Author:   McGuire (D), et. al.
          Amended:  4/16/15  
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 4/14/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 5/12/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SUBJECT:   Sonoma-Marin Area Rail Transit District:  police  
                     forceSonoma-Marin Area Rail Transit District: police  
                     force.


          SOURCE:    Author


          DIGEST:  This bill authorizes the Sonoma-Marin Area Rail Transit  
          (SMART) District to establish the position of chief of police.


          ANALYSIS:  

          Existing law establishes the SMART District for the purpose of  
          providing a unified, comprehensive institutional structure for  
          the ownership and governance of a passenger rail system within  
          the counties of Sonoma and Marin.  SMART will provide rail  
          service along 70 miles of the historic Northwestern Pacific  
          Railroad alignment, serving 14 stations from Cloverdale in  
          Sonoma County to the San Francisco-bound ferry terminal in  








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          Larkspur, Marin County.  SMART began construction on the system  
          in May 2012, and plans to begin revenue service in 2016.

          This bill:

          1)Authorizes the SMART board to establish the position of chief  
            of police.

          2)Specifies that the police chief will be a duly sworn police  
            officer and must meet the standards for recruitment and  
            training of peace officers established in existing law.

          3)Specifies that, should the SMART board determine that more  
            than one officer is needed, it may contract for those services  
            with any law enforcement agencies located within Marin and/or  
            Sonoma counties.  
          
          Comments

          Purpose.  The author contends that, without a sworn police  
          officer on staff, law enforcement agencies will not share  
          sensitive information with SMART.  Without this information,  
          SMART becomes vulnerable and unable to respond to sensitive  
          information pertaining to service disruption, acts of vandalism,  
          and violence.  The author suggests that this bill solves this  
          problem; with a sworn police chief, SMART will be able to access  
          sensitive information from other law enforcement agencies.
            
          Transit operator police forces.  Very few transit operators in  
          California have legislative authority to establish their own  
          police forces.  In fact, of the roughly 250 entities statewide  
          that are eligible to receive state transit funding, only four  
          transit operators are statutorily allowed to maintain their own  
          police department.  All other transit service providers contract  
          with local law enforcement or private entities to provide their  
          security needs.
            
          Some operators cite the increased costs of in-house peace  
          officers, including the higher benefit and retirement costs of  
          these types of employees, as the reason they contract for  
          security services.  Others point to the high risk involved with  
          managing a police force authorized to use deadly force,  
          suggesting that recent incidents some transit operators have  
          experienced demonstrate the problems that can arise with an  







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          in-house police force.  Finally, some suggest that an  
          organization dedicated to providing transit service is  
          ill-equipped to, at the same time, manage a police force and  
          would therefore appreciate the benefits of contracting out for  
          such services.

          This bill does not propose to authorize the SMART board to  
          establish a police force, but instead grants authority to only  
          hire one sworn police officer and to contract for any additional  
          law enforcement services deemed necessary.  While a sworn police  
          chief would be eligible under existing law to review sensitive  
          law enforcement information, as the author suggests, it is  
          unclear whether this would assure timely access to this  
          information, nor whether the increased cost of a sworn officer  
          on staff is worth this access.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified5/14/15)


          Sonoma-Marin Rail Transit District
          Central Marin Police Authority
          Marin County Sheriff's Office
          Novato Police Department
          San Rafael Police Department
          Sonoma County Sheriff's Office


          OPPOSITION:   (Verified5/14/15)


          None received



          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          5/15/15 15:29:08


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