BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1532|
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THIRD READING
Bill No: AB 1532
Author: Lieu (D)
Amended: 2/24/10 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 71-0, 1/19/10 (Consent) - See last page
for vote
SUBJECT : Code enforcement officers
SOURCE : California Association of Code Enforcement
Officers
DIGEST : This bill creates a stand-alone section of the
Penal Code defining a code enforcement officer.
ANALYSIS : Existing law concerning assault and battery
defines a code enforcement officer as any person who is not
a peace officer and who is employed by any governmental
subdivision, public or quasi-public corporation, public
agency, public service corporation, any town, city, county,
or municipal corporation, whether incorporated or
chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or
standards, and who is authorized to issue citations, or
CONTINUED
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file formal complaints. A "code enforcement officer" also
includes any person who is employed by the Department of
Housing and Community Development who has enforcement
authority for health, safety, and welfare requirements
pursuant to the Employee Housing Act; the State Housing
Law; the Mobilehomes-Manufactured Housing Act; the
Mobilehome Parks Act; and the Special Occupancy Parks Act.
(Penal Code Sections 241, subdivision (d)(9)(A) and (B),
and 243, subdivision (f)(11)(A) and (B).)
This bill enumerates a separate Penal Code section for the
existing definition of a "code enforcement officer," apart
from the reference in the assault and battery provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
California Association of Code Enforcement Officers
(source)
California Narcotic Officers Association
California Peace Officers Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : According to the author's office,
"There are a number of pieces of federal legislation that
contemplate giving federal grants for local code
enforcement functions. Virtually every jurisdiction
performs code enforcement functions; however, many
jurisdictions lack a definition of code enforcement
functions. As a consequence, those jurisdictions are
disadvantaged in the effort to obtain federal funding for
code enforcement purposes. AB 1532 establishes a
free-standing definition for code enforcement officers that
can be used by any local jurisdiction in their application
for code enforcement funding."
California lacks a free-standing definition for code
enforcement officers that a local jurisdiction could
reference in applications for code enforcement funding.
This bill establishes this free-standing definition and is
verbatim from current law (Penal Code Sec. 241 and 243).
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This bill is not intended to expand the powers of code
enforcement officers, but just merely provide a definition
so that California jurisdictions may compete on an even
playing field in securing federal dollars.
The sponsor and the author's office submit that California
government entities are losing opportunities for federal
funding and grants because California law does not include
a stand-alone definition of a code enforcement officer.
According to the sponsor, "[The fact that California does
not have a free-standing definition of code enforcement]
has placed local agencies at a disadvantage in seeking
federal money that is available through competitive grant
processes. Currently, funds for code enforcement can be
made available from Byrne JAG Grant funding, Regional
Information Sharing Systems (RISS) funding, federal COPS
funding, Byrne Discretionary funding, Byrne Competitive
Grants, Community Development Block Grants (CDBG) and
possibly through legislation introduced by Louisiana
Senator Mary Landrieu."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Buchanan, Caballero, Chesbro, Conway, Cook,
Coto, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Brownley, Charles Calderon, Carter,
Davis, Hall, Bonnie Lowenthal, Bass
RJG:do 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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