BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 428|
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THIRD READING
Bill No: SB 428
Author: Strickland (R)
Amended: 5/31/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/3/11
AYES: Hancock, Calderon, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Public Safety Omnibus Bill
SOURCE : Various Sources
DIGEST : This bill enacts the Lesters Law which makes
technical and corrective changes to various code sections
relating generally to criminal justice laws, as specified.
ANALYSIS : Existing law directs California Environmental
Protection Agency (CalEPA) to provide the Commission on
Peace Officers Standards and Training (POST) a portion of
the Local Environmental Enforcement and Training for the
development of environmental crimes training for peace
officers. (Penal Code Section 14314)
This bill allows POST to decline all or part of the funds.
CONTINUED
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According to POST, at this time, there is no unmet training
need. POST has delivered 1,600 copies of the Environmental
Crimes training video to the field, 2,143 students have
completed the self-paced course, and a classroom course is
being presented through San Diego Regional Training Center
starting in February 2011. The amount of the grant varies,
depending on the fines allocated to the account by
prosecutors, and the amount allocated to POST has steadily
decreased. From 2005 to 2007 POST received $100,000
annually, $32,000 in 2008, $72,000 in 2009, and will
receive $17,557 for FY 10/11. CalEPA staff has predicted
the amount to remain at this level or lower for the next
two to three years. However, the cost of producing a
training video is $116,000 and the cost to develop a
self-paced course is $250,000. The change in PC14314 would
allow POST to keep its resources focused in areas that are
consistent with the priorities and needs of
POST-participating agencies.
Existing law authorizes a peace officer who retires to
purchase his or her department issued handgun. (Public
Contract Code Section 10334)
This bill authorizes the spouse of a peace officer, who has
died in the line of duty, to purchase their deceased
spouse's department issued firearm.
According to the Senate Public Safety Committee analysis,
this provision is needed to authorize the spouse of a state
peace officer that has died in the line-of-duty to purchase
his/her spouse's departmental issued handgun. Numerous
spouses have asked to purchase the handgun of their
deceased state peace officer spouse after they have died in
the line-of-duty as a token of remembrance. Unfortunately,
current law does not authorize a state law enforcement
agency head to do this. This provision simply gives state
law enforcement agency heads the authority to allow this
handgun purchase. California Highway Patrol reports this
change does not abrogate any existing handgun transfer
requirements.
Existing law prohibits a person from driving a motor
vehicle to tow a person on a motorcycle, motorized bicycle,
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bicycle, coaster, roller skates, sled or toy vehicle or for
a person on such a vehicle to be towed by a motor vehicle.
(Vehicle Code Sections 21203; 21712)
This bill prohibits the towing of a person on or being
towed while on a tricycle, four-wheeled cycle, surrey,
roller skis, wheeled shoes, skateboard, or scooter.
Vehicle Code Sections 21203 and 21712 prohibit a person
from towing, and from being towed by a vehicle on, a person
riding a bicycle, a coaster, and various other devices, but
does not include skateboards or scooters. There is a very
limited authority as to what constitutes a "coaster," but
it appears to refer primarily to a wagon or sled. The
terms in the bill are archaic and do not cover the types of
non-motor vehicles used today.
An individual riding a skateboard being towed by a vehicle
was recently killed in Ventura County when the wheel of the
vehicle hit the skateboard and ejected the rider. Similar
deaths have occurred in other areas of the state. Towing a
skateboard or scooter is as dangerous as towing the other
devices listed in the section and should be prohibited.
This bill makes a number of technical amendments to various
code sections.
Comments
This is the annual omnibus bill . In past years, the
omnibus bill has been introduced by all members of the
Senate Public Safety Committee. This year, like last year,
Senator Strickland is carrying the bill. This bill is
similar to the ones introduced as Committee bills in the
past in that it has been introduced with the following
understanding:
The bill's provisions make only technical or minor
changes to the law.
There is no opposition by any member of the
Legislature or recognized group to the proposal.
This procedure has allowed for introduction of fewer minor
bills and has saved the Legislature time and expense over
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the years.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Reallocation of POST Up to
$100 annually; no net impact General**
funds to CalEPA appropriation of funds
**Environmental Enforcement and Training Account
SUPPORT : (Verified 5/31/11)
Judicial Council
Peace Officers Standards and Training
RJG:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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