BILL NUMBER: AB 3229 CHAPTERED
BILL TEXT
CHAPTER 134
FILED WITH SECRETARY OF STATE JULY 10, 1996
APPROVED BY GOVERNOR JULY 10, 1996
PASSED THE SENATE JULY 8, 1996
PASSED THE ASSEMBLY JULY 8, 1996
AMENDED IN SENATE JULY 8, 1996
AMENDED IN SENATE JUNE 11, 1996
AMENDED IN ASSEMBLY MAY 24, 1996
AMENDED IN ASSEMBLY APRIL 24, 1996
INTRODUCED BY Assembly Member Brulte and Senator Lockyer
(Coauthor: Assembly Member Bowen)
(Coauthor: Senator Wright)
FEBRUARY 23, 1996
An act to add Chapter 6.7 (commencing with Section 30061) to
Division 3 of Title 3 of the Government Code, relating to local
government finance, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3229, Brulte. Local law enforcement: supplemental funding.
Existing provisions of the California Constitution and related
implementing statutes provide for the imposition of a specified
statewide sales and use tax rate, and require that the revenues
derived from that rate be allocated to qualifying local agencies, as
described, to supplement otherwise available funding for local public
safety services, as defined.
This bill would require the Controller, pursuant to written
requests from a county or city and county, to allocate $100,000,000,
which is appropriated by the Budget Act of 1996, to counties, cities,
and a certain special district in the County of San Mateo, for
purposes of the Citizens Option for Public Safety (COPS) Program
established by this bill.
This bill would, pursuant to the COPS program, require all Local
Law Enforcement Fund moneys allocated to a county pursuant to this
bill to be deposited in a Supplemental Law Enforcement Services Fund
(SLESF), as provided, for allocation in accordance with specified
formulas and procedures to the county sheriff, district attorney, the
county, cities, and a certain special district in the County of San
Mateo, to be expended exclusively, except as otherwise provided for
certain counties with respect to misdemeanor prosecutions, for county
jails, police, sheriff, and district attorney services. This bill
would require a city receiving a SLESF allocation to deposit that
allocation in its own SLESF, prior to expending those moneys as
required by this bill. This bill would, as provided, require each
county auditor and city treasurer to regularly report with respect to
SLESF allocations to, among other local bodies, a Supplemental Law
Enforcement Oversight Committee (SLEOC) established in each county,
and would also require each SLEOC to at least annually review
expenditures by local law enforcement officials of SLESF moneys. By
imposing additional duties upon local officials in connection with
the administration of a city or county SLESF, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares that
there is a compelling need for additional resources to be applied at
the local level for the purpose of ensuring public safety, and to
that end the Legislature hereby enacts the Citizen's Option for
Public Safety Program (COPS).
(b) In light of the Legislature having appropriated one hundred
million dollars ($100,000,000) in the Budget Act of 1996 for the
support of the COPS program in the 1996-97 fiscal year, the
Controller shall allocate those budgeted moneys among each
Supplemental Law Enforcement Services Fund (SLESF), established by
each county and city and county pursuant to subdivision (a) of
Section 30061 of the Government Code, in accordance with the
proportionate share of the state's total population that resides in
each county and city and county, as determined on the basis of the
most recent January population estimates developed by the Department
of Finance. The Controller shall make all disbursements upon the
request of an individual county or city and county that has
established a SLESF, and has established an oversight committee
pursuant to Section 30064 of the Government Code for the 1996-97
fiscal year no later than September 15, 1996.
SEC. 2. Chapter 6.7 (commencing with Section 30061) is added to
Division 3 of Title 3 of the Government Code, to read:
CHAPTER 6.7. SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDING
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's Supplemental Law Enforcement
Services Fund (SLESF), including any interest or other return earned
on the investment of those moneys, within 30 days of the deposit of
those moneys into the fund, and shall allocate those moneys in
accordance with the following requirements:
(1) Twelve and one-half percent to the county sheriff for county
jail construction and operation.
(2) Twelve and one-half percent to the district attorney for
criminal prosecution.
(3) Seventy-five percent to the county and the cities within the
county, and, in the case of the County of San Mateo, also to the
Special District of Broadmoor, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Special District of Broadmoor in the
County of San Mateo, as specified in the most recent January estimate
by the population research unit of the Department of Finance. No
person residing within the Special District of Broadmoor shall also
be counted as residing within the unincorporated area of the County
of San Mateo or within any city located within that county. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESF, and moneys allocated to a city pursuant
to this subdivision shall be deposited in a SLESF established in the
city treasury.
(c) Subject to subdivision (d), for each fiscal year in which the
county and each city, and the Special District of Broadmoor, receives
moneys pursuant to paragraph (3) of subdivision (b), the county and
each city shall appropriate those moneys in accordance with the
following procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney. Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs. The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present. The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Special District of Broadmoor, within the
County of San Mateo, the legislative body of that special district
shall appropriate existing and anticipated moneys exclusively to fund
front line municipal police services, in accordance with written
requests submitted by the chief administrator of the law enforcement
agency that provides police services for that special district.
These written requests shall be acted upon by the legislative body in
the same manner specified in paragraph (1) for county
appropriations.
(d) For each fiscal year in which the county, a city, or the
Special District of Broadmoor within the County of San Mateo receives
any moneys pursuant to this chapter, in no event shall the governing
body of any of those recipient agencies subsequently alter any
previous, valid appropriation by that body, for that same fiscal
year, of moneys allocated to the county or city pursuant to paragraph
(3) of subdivision (b).
30062. (a) Except as required by paragraphs (1) and (2) of
subdivision (b) of Section 30061, moneys allocated from a SLESF to a
recipient entity shall be expended exclusively to provide front line
law enforcement services. These moneys shall supplement existing
services, and shall not be used to supplant, any existing funding for
law enforcement services provided by that entity.
(b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
(c) In no event shall any moneys allocated from a SLESF be
expended by a recipient agency to fund either of the following:
(1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
(2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
(d) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang and community crime prevention programs.
30063. (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter. Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
(b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
(c) The county auditor and city treasurer shall monthly detail and
summarize allocations from the county's or city's SLESF, as
applicable, in a written, public report filed with the Supplemental
Law Enforcement Oversight Committee (SLEOC), the county board of
supervisors or city council, as applicable, and the county sheriff or
police chief, as applicable. On or before September 1, 1998, and
annually on or before September 1 thereafter, the county auditor and
each city treasurer shall file with those entities or persons
specified in the preceding sentence a consolidated written report, of
the same nature as the monthly report required pursuant to the
preceding sentence, with respect to SLESF allocations for the
entirety of the immediately preceding fiscal year.
30064. (a) There is in each county a Supplemental Law Enforcement
Oversight Committee (SLEOC), consisting of five members as follows:
(1) One municipal police chief.
(2) The county sheriff.
(3) The district attorney.
(4) The county's executive officer.
(5) One city manager.
(b) (1) The cities in each county shall organize as a city
selection committee for the purposes of appointing a city manager and
a municipal police chief to the Supplemental Law Enforcement
Oversight Committee. Each appointment shall be made by not less than
a majority of all the cities in the county having not less than a
majority of the population of all the cities in the county. For
purposes of the preceding sentence, population figures shall be
determined on the basis of the most recent census data developed by
the Department of Finance.
(2) The SLEOC shall determine whether recipient entities have
expended moneys received from the Supplemental Law Enforcement
Services Fund (SLESF) in compliance with this chapter. For this
purpose, the SLEOC shall at least annually review the expenditure of
SLESF funds by city police departments, the county sheriff, and the
district attorney, and shall make its annual review report available
to the public.
30065. In no event shall this chapter be construed to affect in
any manner the public safety service allocations required by Chapter
6.5 (commencing with Section 30051).
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide timely and critically needed fiscal resources
and legal authority to local agencies that will assist those agencies
in keeping the peace and maintaining public safety, and to safeguard
the life and property of each and every California citizen, it is
necessary that this act take effect immediately.