BILL ANALYSIS �
AB 2571
Page 1
Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2571 (Silva) - As Amended: March 29, 2012
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires every peace officer assigned to a
jurisdiction that includes a waterborne environment to complete
a Peace Officer Standards and Training (POST) course in basic
maritime law for law enforcement officers, as a condition of
receiving specified state aid. Specifically, this bill:
1)Requires POST to identify waterborne jurisdictions that
require training.
2)Requires POST to develop and implement instruction include
boat handling, chart reading, navigation rules, maritime
boardings, arrest procedures, vessel identification, searches,
and counterterrorism practices. The curriculum shall be
consistent with federal doctrine and current tactical
training.
3)Defines "waterborne environment" includes as a jurisdiction
that includes a port, a navigable lake or river, or inland
waters.
4)Makes a series of uncodified findings and declarations
regarding the importance of water-based training.
FISCAL EFFECT
1)Significant costs - potentially well in excess of $1 million -
to identify applicable jurisdictions, develop material,
provide training, verify completion and competency, and
backfill the positions of local officers required to take the
training.
AB 2571
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While the bill does not specify the duration of the training,
the frequency of the training, deadlines by which training
must be completed, how the training should be delivered, or
how to measure the success of the training (for example,
tactical training, training on handling a boat, boarding a
boat, and navigating a vessel, is probably not best
accomplished by watching a video or via on-line instruction),
at a minimum the bill would require:
a) Development of a course of instruction, likely at a cost
of at least $300,000 for online training, which must be
"consistent with federal doctrine and current tactical
training." Costs would increase significantly to the extent
training includes hands-on experience with a boat, for
example, and/or if competency is measured, or if training
is classroom-based.
Should POST determine the need to make water training
experiential, costs would increase for instructors,
additional time and creation of a water training site, in
addition to rental or purchase of vessels, instructor
standards and training for instructors, and maintenance and
site security.
b) Backfilling the posts of officers required to take the
training, likely in the range of several hundred thousand
dollars, assuming just two hours for 2,000 officers. To the
extent officers need to travel for training, and/or spend a
night away from home, reimbursement costs would increase
significantly.
c) First-year POST administrative costs, to oversee
development and training, and particularly to identify and
define "waterborne environments" would likely be in the
range of $50,000.
2)The bill specifies these provisions become operative only when
funding is made available.
COMMENTS
1)Rationale . The author contends marine peace officer training
needs enhancement. According to the sponsor, the California
Association of Port Authorities, "A POST Certified curriculum
consistent with federal doctrine and current tactical training
AB 2571
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would benefit a growing number of law enforcement agencies
that have created specialized maritime units. Course
curriculum would provide basic instruction for crewmembers on
law enforcement and public safety vessels operated by local
authorities. Boat handling, chart reading and navigation
rules are a necessity to personnel. Additionally, training on
maritime boardings, arrest procedures, vessel identifications,
searches, and counter-terrorism practices and procedures are
critical to waterborne policing. This training would also
achieve consistent adherence to the Department of Homeland
Security's strategy for maritime security to combat
terrorism."
2)It is not clear what particular problems are addressed by this
bill or what scope of training is intended . The scope,
objectives and methodology all need additional development.
3)Opposition . POST, the California State Sheriffs Association,
and the California District Attorneys Association contend the
bill is overly broad and costly.
According to the California District Attorneys Association,
"As written, the training requirement contained in this bill
is overly burdensome on local agencies. It requires training
for all peace officers in a qualifying jurisdiction, many of
whom will likely never be involved in maritime enforcement
activities. Additionally, the definition of "waterborne
environment" could likely be construed to cover nearly every
jurisdiction that employs peace officers."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081