BILL NUMBER: AB 2137 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
INTRODUCED BY Assembly Member Bradford
FEBRUARY 23, 2012
An act to amend Sections 1597.30, 1597.40, 1597.43, and
1597.46 of the Health and Safety Code 830.1 and
830.33 of the Penal Code , relating to family day care
homes peace officers .
LEGISLATIVE COUNSEL'S DIGEST
AB 2137, as amended, Bradford. Family day care homes.
Peace officers: airport law enforcement.
Existing law establishes categories of peace officers with varying
powers and authority to make arrests and carry firearms. Existing
law provides that a person who is employed as an airport law
enforcement officer is a peace officer whose authority extends to any
place in the state for the purpose of enforcing the law in or about
the properties owned, operated, and administered by the peace officer'
s employing agency or when making an arrest if there is immediate
danger to a person or property, or of an escape of the perpetrator of
an offense. Existing law authorizes this category of peace officer
to carry a firearm.
This bill would place an airport law enforcement officer regularly
employed by the Los Angeles World Airports within a different
category of peace officers whose authority extends to any place in
the state without the above restrictions as to arrest powers and with
the authority to carry specified firearms.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Los Angeles
relating to law enforcement at the Los Angeles International Airport.
The California Child Day Care Facilities Act provides for the
licensing and regulation of child day care facilities, including
family day care homes, by the State Department of Social Services.
The act prohibits a city, county, or city and county from prohibiting
large family day care homes on lots zoned for single-family
dwellings, but requires a city, county, or city and county to (1)
classify large family day care homes as a permitted use of
residential property for zoning purposes, (2) grant a
nondiscretionary permit to use a lot zoned for a single-family
dwelling to any large family day care home that complies with certain
local ordinances, or (3) require any large family day care home to
apply for a permit to use a lot zoned for single-family dwellings.
This bill would instead authorize a city, county, or city and
county to prohibit large family day care homes on lots zoned for
single-family dwellings. The bill would encourage, rather than
require, the 3 actions specified above. This bill also would make
technical and conforming changes to these provisions, and would make
associated changes with respect to legislative findings and
declarations and the Legislature's intent in enacting these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.1 of the Penal
Code is amended to read:
830.1. (a) Any A sheriff,
undersheriff, or deputy sheriff, employed in that capacity, of a
county, any a chief of police of a city
or chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions,
any a police officer, employed in that
capacity and appointed by the chief of police or chief, director, or
chief executive of a public safety agency, of a city, any
a chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any a marshal or deputy
marshal of a superior court or county, any a
port warden or port police officer of the Harbor Department of
the City of Los Angeles, a person regularly employed as an
airport law enforcement officer by Los Angeles World Airports,
or any an inspector or investigator
employed in that capacity in the office of a district attorney, is a
peace officer. The authority of these peace officers extends to any
place in the state, as follows:
(1) As to any a public offense
committed or which there is probable cause to believe has been
committed within the political subdivision that employs the peace
officer or in which the peace officer serves.
(2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city, or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any a public offense
committed or which there is probable cause to believe has been
committed in the peace officer's presence, and with respect to which
there is immediate danger to a person or property, or of
the escape of the perpetrator of the offense.
(b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any A deputy sheriff
of the County of Los Angeles, and any a
deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn,
Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa,
Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma,
Stanislaus, Sutter, Tehama, Tulare, and Tuolumne who is employed to
perform duties exclusively or initially relating to custodial
assignments with responsibilities for maintaining the operations of
county custodial facilities, including the custody, care,
supervision, security, movement, and transportation of inmates, is a
peace officer whose authority extends to any place in the state only
while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,
or when performing other law enforcement duties directed by his or
her employing agency during a local state of emergency.
(d) For purposes of this chapter, "Los Angeles World Airports"
means the department of the City of Los Angeles that owns and
operates the Los Angeles International Airport, the Ontario
International Airport, the Palmdale Regional Airport, and the Van
Nuys Airport.
SEC. 2. Section 830.33 of the Penal
Code is amended to read:
830.33. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any a public offense with respect to
which there is immediate danger to person or property, or of the
escape of the perpetrator of that offense, or pursuant to Section
8597 or 8598 of the Government Code. Those peace officers may carry
firearms only if authorized and under terms and conditions specified
by their employing agency.
(a) A member of the San Francisco Bay Area Rapid Transit District
Police Department appointed pursuant to Section 28767.5 of the Public
Utilities Code, if the primary duty of the peace officer is the
enforcement of the law in or about properties owned, operated, or
administered by the district or when performing necessary duties with
respect to patrons, employees, and properties of the district.
(b) Harbor or port police regularly employed and paid in that
capacity by a county, city, or district other than peace officers
authorized under Section 830.1, if the primary duty of the peace
officer is the enforcement of the law in or about the properties
owned, operated, or administered by the harbor or port or when
performing necessary duties with respect to patrons, employees, and
properties of the harbor or port.
(c) Transit police officers or peace officers of a county, city,
transit development board, or district, if the primary duty of the
peace officer is the enforcement of the law in or about properties
owned, operated, or administered by the employing agency or when
performing necessary duties with respect to patrons, employees, and
properties of the employing agency.
(d) Any (1) A
person regularly employed as an airport law enforcement officer by a
city, county, or district operating the airport or by a joint powers
agency, created pursuant to Article 1 (commencing with Section 6500)
of Chapter 5 of Division 7 of Title 1 of the Government Code,
operating the airport, if the primary duty of the peace officer is
the enforcement of the law in or about properties owned, operated,
and administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency.
(2) Notwithstanding paragraph (1), a person regularly employed as
an airport law enforcement officer by the Los Angeles World Airports
is a peace officer pursuant to the provisions of Section 830.1.
(e) (1) Any A railroad police
officer commissioned by the Governor pursuant to Section 8226 of the
Public Utilities Code, if the primary duty of the peace officer is
the enforcement of the law in or about properties owned, operated, or
administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency.
(2) Notwithstanding any other provision of law, a railroad police
officer who has met the current requirements of the Commission on
Peace Officer Standards and Training necessary for exercising the
powers of a peace officer, and who has been commissioned by the
Governor as described herein, and the officer's employing agency, may
apply for access to information from the California Law Enforcement
Telecommunications System (CLETS) through a local law enforcement
agency that has been granted direct access to CLETS, provided that,
in addition to other review standards and conditions of eligibility
applied by the Department of Justice, the CLETS Advisory Committee
, and the Attorney General, before access is granted ,
the following are satisfied:
(A) The employing agency shall enter into a Release of CLETS
Information agreement as provided for in the CLETS policies,
practices, and procedures, and the required background check on the
peace officer and other pertinent personnel has been completed,
together with all required training.
(B) The Release of CLETS Information agreement shall be in
substantially the same form as prescribed by the CLETS policies,
practices, and procedures for public agencies of law enforcement who
subscribe to CLETS services, and shall be subject to the provisions
of Chapter 2.5 (commencing with Section 15150) of Title 2
Part 6 of Division 3 of Title 2 of
the Government Code and the CLETS policies, practices, and
procedures.
(C) (i) The employing agency shall expressly waive any objections
to jurisdiction in the courts of the State of California for
any a liability arising from use, abuse, or
misuse of CLETS access or services or the information derived
therefrom, or with respect to any legal actions to
enforce provisions of California law relating to CLETS access,
services, or information under this subdivision, and provided that
this liability shall be in addition to that imposed by Section
8226 of the Public Utilities Code Section 8226.
Code.
(ii) The employing agency shall further agree to utilize CLETS
access, services, or information only for law enforcement activities
by peace officers who have met the current requirements of the
Commission on Peace Officer Standards and Training necessary for
exercising the powers of a peace officer, and who have been
commissioned as described herein who are operating within the State
of California, where the activities are directly related to
investigations or arrests arising from conduct occurring within the
State of California.
(iii) The employing agency shall further agree to pay to the
Department of Justice and the providing local law enforcement agency
all costs related to the provision of access or services, including,
but not limited to, any and all hardware, interface modules, and
costs for telephonic communications, as well as administrative costs.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances facing
the City of Los Angeles relating to law enforcement at the Los
Angeles International Airport.
SECTION 1. Section 1597.30 of the Health and
Safety Code is amended to read:
1597.30. The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities due
to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes. However, it is in the state's interest
that this preference be balanced against the potential negative
impact to the surrounding single-family neighborhood in terms of
spacing and concentration, traffic control, parking, and noise
control.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives for
parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure
adequate care for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision of
adequate protection, supervision, and guidance to children in their
homes.
SEC. 2. Section 1597.40 of the Health and
Safety Code is amended to read:
1597.40. (a) It is the intent of the Legislature that small
family day care homes for children should be situated in normal
residential surroundings so as to give children the home environment
which is conducive to healthy and safe development. It is the public
policy of this state to provide children in a small family day care
home the same home environment as provided in a traditional home
setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of small family day care homes for children, except as
specifically provided for in this chapter, and to prohibit any
restrictions relating to the use of single-family residences for
small family day care homes for children except as provided by this
chapter.
(b) Every provision in a written instrument entered into relating
to real property that purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family day care home for children, is void and every
restriction or prohibition in any such written instrument as to the
use or occupancy of the property as a family day care home for
children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in fewer than 30 days, or
the home is licensed in fewer than 30 days, in order that service to
the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
SEC. 3. Section 1597.43 of the Health and
Safety Code is amended to read:
1597.43. The Legislature finds and declares all of the following:
(a) Small family day care homes operated under the standards of
state law constitute accessory uses of residentially zoned and
occupied properties and do not fundamentally alter the nature of the
underlying residential uses. Small family day care homes draw clients
and vehicles to their sites during a limited time of day and do not
require the attendance of a large number of employees and equipment.
(b) The uses of congregate care facilities and large family day
care homes are distinguishable from the uses of small family day care
homes operated under the standards of state law.
(1) For purposes of this section, a "congregate care facility"
means a "residential facility," as defined in paragraph (1) of
subdivision (a) of Section 1502. Congregate care facilities are used
throughout the day and night, and the institutional uses of these
facilities are primary uses of the facilities, not accessory uses,
and draw a large number of employees, vehicles, and equipment
compared to that drawn to small family day care homes.
(2) Large family day care homes draw a larger number of employees,
vehicles, and noise than do small family day care homes and shall
not be considered an accessory use.
(c) The expansion permitted for family day care homes by Sections
1597.44 and 1597.465 is not appropriate with respect to congregate
care facilities, or any other facilities with quasi-institutional
uses. Therefore, with these provisions, the Legislature does not
intend to alter the legal standards governing congregate care
facilities and these provisions are not intended to encourage, or be
a precedent for, changes in statutory and case law governing
congregate care facilities.
SEC. 4. Section 1597.46 of the Health and
Safety Code is amended to read:
1597.46. With regard to large family day care homes:
(a) A city, county, or city and county may prohibit large family
day care homes on lots zoned for single-family dwellings.
(b) A city, county, or city and county is encouraged, but not
required, to do one of the following as it relates to large family
day care homes:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (f) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. Any permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) (A) Require any large family day care home to apply for a
permit to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (f) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
(B) If a city, county, or city and county elects to implement this
paragraph, fees charged for review shall not exceed the costs of the
review and permit process. An applicant may request a verification
of fees, and the city, county, or city and county shall provide the
applicant with a written breakdown within 45 days of the request.
Beginning July 1, 2007, the application form for large family day
care home permits shall include a statement of the applicant's right
to request the written fee verification.
(C) If a city, county, or city and county elects to implement this
paragraph, not fewer than 10 days prior to the date on which the
decision will be made on the application, the zoning administrator or
person designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
(c) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (b), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(d) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(e) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(f) (1) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly
throughout the state and shall include, but not be limited to all of
the following:
(A) The requirement that a large family day care home contain a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal.
(B) Specification as to the number of required exits from the
home.
(C) Specification as to the floor or floors on which day care may
be provided.
(2) Enforcement of the provisions described in paragraph (1) shall
be in accordance with Sections 13145 and 13146. A city, county, city
and county, or district shall not adopt or enforce any building
ordinance or local rule or regulation relating to the subject of fire
and life safety in large family day care homes that is inconsistent
with those standards adopted by the State Fire Marshal, except to the
extent the building ordinance or local rule or regulation applies to
single-family residences in which day care is not provided.
(g) The State Fire Marshal shall adopt the building standards
required in subdivision (e) and any other regulations necessary to
implement this section.