BILL ANALYSIS �
SB 1067
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1067 (La Malfa) - As
Amended: May 1, 2012
Policy Committee: Public
SafetyVote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the police departments of the cities of
Tulelake, California and Malin, Oregon, to enter into a mutual
aid agreement. Before the effective date of an agreement, the
agreement must be reviewed and approved by the California
Highway Patrol (CHP).
FISCAL EFFECT
1)Unknown, likely minor nonreimbursable net local law
enforcement costs to receive and provide mutual aid
assistance.
2)Minor absorbable state costs for CHP to review a proposed
mutual aid agreement.
3)Absent an approved agreement, potential state and local fiscal
and policy issues involving liability and reimbursement cannot
be determined. It is unlikely the CHP would approve an
agreement exposing the state or the city of Tulelake to
significant liability or reimbursement exposure, and CHP has
reviewed and expressed no concerns with the proposal.
COMMENTS
1)Rationale . The author contends the remote location of Tulelake
(population 1,010, on the California-Oregon border, midway
between the Pacific and Nevada) merits a unique mutual aid
agreement with Malin (population 870, a fellow rural border
city in Oregon), rather than routing assistance requests
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through the CHP.
According to the Tulelake Police Chief, "This issue has
been raised in connection with our ongoing Hispanic gang
problems that we have been dealing with for the last 15
years. Our local gang population is very mobile in their
activities, freely crossing state and county lines.
"The problem has become more significant over the last
several years due to budget issues that have severely
hampered each agency's ability to address the growing
problem. We are dependent on our allied agencies to
provide the cover to handle these calls. As in most
jurisdictions, our gang calls involve multiple people and
increasing levels of violence. Even with our current
situation, we are lucky to have three officers present on
calls involving up to twenty opposing gang members. The
ability to have a cover officer on these calls cannot be
overstated. Due to the decreased staffing levels of both
Modoc and Siskiyou County Sheriff's offices, our small
agency has had to rely on the neighboring police
department in Merrill and Malin Oregon for cover so that
these calls can be handled a safely as possible."
2)Current Law .
a) Authorizes CHP to enter into agreements with law
enforcement entities in Oregon, Nevada and Arizona to
provide law enforcement services to border areas, as
specified. Such agreements must be in writing and must
specify departments, duration and purpose, the
responsibility for damages, and financing.
b) Allows law enforcement officers of the Oregon State
Police, the Nevada Department of Motor Vehicles and Public
Safety, or the Arizona Department of Public Safety to act
as a peace officer in California under specified
conditions, including:
i) The officer is providing law enforcement services
within a distance of up to 50 statute miles of the
contiguous border of this state and the state employing
the officer.
ii) The officer is providing law enforcement services in
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response to a request for services initiated by the CHP
or a reasonable belief that emergency law enforcement
services are necessary for the preservation of life, and
a request for services by a member of the CHP is
impractical under the circumstances.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081