BILL ANALYSIS �
AB 911
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ASSEMBLY THIRD READING
AB 911 (Ma)
As Amended April 14, 2011
Majority vote
LOCAL GOVERNMENT 7-1 PUBLIC SAFETY 5-0
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|Ayes:|Alejo, Bradford, Campos, |Ayes:|Ammiano, Cedillo, Hill, |
| |Davis, Gordon, Hueso, | |Mitchell, Skinner |
| |Norby | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Smyth | | |
| | | | |
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SUMMARY : Makes various changes to the Police Protection
District (district) Act including authorizing a district to
adopt ordinances related to specified policies and makes other
conforming changes in line with powers and duties given to
special districts. Specifically,
this bill :
1)Specifies that a district shall have, and it may exercise, all
the rights and powers, expressed and implied by law, necessary
to carry out the purposes and intent of the statute including,
but not limited to, the following powers:
a) To adopt, by ordinance or resolution, and enforce rules
and regulations necessary for the administration,
operation, use, and maintenance of the facilities and
services of the district;
b) Ordinances and resolutions adopted by the district shall
be limited to those authorized under this division or
related to the following:
i) The setting of all fees and charges for services
provided by the district;
ii) Regulation of tow trucks and towing firms operating
in the district;
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iii) Regulation and administrative oversight of vehicles
for hire, including taxicabs, except where preempted by
state or federal law; or,
iv) The establishment and collection of emergency
response cost recovery fees.
c) To adopt ordinances following the procedures set forth
for counties;
d) To adopt a seal and alter it;
e) To provide insurance; and,
f) To regulate vehicles for hire, except vehicles for hire
that are licensed or permitted by, and under the
jurisdiction of, the Public Utilities Commission.
2)Authorizes a district to destroy records pursuant to processes
established for special districts.
3)Specifies that a violation of any rule, regulation, or
ordinance adopted by a district board is a misdemeanor.
4)States that any citation issued by a district employee for
violation of a rule, regulation, or ordinance adopted by a
district board may be processed as an infraction.
5)Provides that to protect property and to preserve the peace at
facilities owned, managed, or operated by, or under the
control of, a district, a district board may by ordinance or
resolution confer upon designated uniformed district employees
the power to issue citations for misdemeanor and infraction
violations of state law, city or county ordinances, or
district rules, regulations, or ordinances when the violation
is committed within or upon a district facility and in the
presence of the employee issuing the citation.
EXISTING LAW :
1)Provides that any unincorporated town may be formed into a
district to protect and safeguard life and property and may
equip and maintain a police department, including purchasing
and maintaining ambulances, and otherwise securing police
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protection.
2)Provides that a district formed in an unincorporated town
shall be governed by a district board of three commissioners,
each of whom shall be a resident of the district.
3)States that the members of the county board of supervisors are
ex officio directors of a district formed in unincorporated
territory.
4)Provides that the district board shall determine the number of
employees, if any, necessary for the proper care and
protection of the life and property of residents in the
district.
5)Authorizes the district to appoint all district employees and
prescribe their duties and compensation and specifies that all
such employees shall hold their positions at the pleasure of
the district board.
6)Provides that the district board shall make an annual estimate
of the amount of money required during the ensuing fiscal year
for the maintenance of any police department established in
the district, as well as other specified costs, and shall
submit it to the county board of supervisors not later than
the first day of July of each year.
7)Provides that at the time of levying the county taxes, the
county board of supervisors shall levy a tax upon all the
taxable property in the police protection district sufficient
to raise any amount reported to it by the district board, as
specified.
8)Provides that a district's police department, police chief,
and employees shall have all of the rights, duties,
privileges, immunities, obligations, and powers of a municipal
police department.
9)Provides that a district board may delegate to the chief of
police the authority to appoint and dismiss district
employees.
FISCAL EFFECT : None
COMMENTS : Broadmoor Village is an unincorporated area of San
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Mateo County with a population of just over 4,000 people. In
1948, before the freeway system was fully built, the residents
of Broadmoor waited nearly 40 minutes to receive San Mateo
County Sheriff services. Growingly frustrated, Broadmoor
Village petitioned the San Mateo County Board of Supervisors to
establish their own police protection district, the Broadmoor
Police Protection District, governed by an elected Police
Commission.
As towns became annexed by their respective counties, and cities
formed their own police departments, police protection districts
disassociated. In 1959, the state stopped the formation of
police protection districts, but allowed existing police
protection districts in unincorporated towns to continue to
provide important public safety services to their citizens.
The Broadmoor Police Protection District continues to be the
only remaining operational police protection district in the
state, and uniquely serves a population of more than 4,000
people.
In 2007, the Legislature, under SB 230 (Yee), Chapter 169,
Statutes of 2007, provided the Broadmoor Police Department with
the same legal recognition and status of a city or municipal
police department. While this extended the district's ability
to effectively respond to concerns of public safety without the
need for the San Mateo County Sheriff Department, it did not
grant full power to the district to adopt and regulate its own
ordinances, to help serve other needs of the district.
This bill authorizes the district to adopt ordinances to
regulate taxicabs and tow trucks and authorizes the district to
establish emergency response fees by ordinance. Additionally
this measure will clarify existing law to provide police
protection districts the ability to take various actions similar
to other types of special districts.
In its support if amended letter, San Mateo County writes that
it supports this bill if amendments are taken to clarify the
narrow scope of ordinance authority that the Broadmoor Police
Protection District would have under this measure. However, San
Mateo County clearly states that it does not support any effort
that would go beyond the district regulating taxicabs and tow
trucks.
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Support arguments: Supporters argue that this measure furthers
the ability of the district to address issues of public safety
by allowing them to adopt and enforce necessary rules and
regulations that will help officers be able to better carry out
the duties and responsibilities
of a municipal police department.
Opposition arguments: Opposition could argue that the role of
adopting ordinances should be left to the county that serves the
unincorporated area and that the district and the county should
work in tandem to establish ordinances that adequately serve all
constituents.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958
FN: 0000457