BILL ANALYSIS �
AB 2260
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Jim Frazier, Chair
AB 2260 (Alejo) - As Amended: March 28, 2014
SUBJECT : Law enforcement: officers: motor vehicle sales:
prohibitions
SUMMARY : Bans a state or local government law enforcement
officer from purchasing or otherwise obtaining a motor vehicle
from a towing, transportation, or impound company that does
business with the officer's employer.
EXISTING LAW :
1)Prohibits state and local government officers or employees
from being purchasers at any sale or vendors at any purchase
made by them in their official capacity. [Government Code
Section 1090]
2)Bans a local agency officer or employee from engaging in any
employment, activity, or enterprise for compensation which is
inconsistent, incompatible, in conflict with, or inimical to
his or her public duties [Government Code Section 1126]
3)Prohibits a public safety officer from being requested or
compelled to provide information regarding items of property,
income, debts, or personal or domestic expenditures, unless
the information is required by state law or is needed to
investigate a conflict-of-interest relating to the officer's
performance of official duties. [Government Code Section 3308]
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill stems from the
recent arrests of the former acting police chief, the former
police chief, four officers and a tow company owner in King City
in the author's district who allegedly engaged in a
towing-for-profit scheme. Specifically, the criminal complaint
filed by the Monterey County District Attorney alleges that
these individuals inappropriately directed impounded cars to a
local towing company owned by the former acting police chief's
brother and then allegedly kept the cars for themselves or
re-sold them for profit when the low-income residents were
AB 2260
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unable to pay the storage fees. The author states that this
bill is intended to prevent such corrupt towing practices by
instituting a statewide conflict-of-interest policy that
prohibits law enforcement officials from purchasing or otherwise
obtaining previously towed or impounded cars.
The California Highway Patrol (CHP), the state's chief law
enforcement agency, has an existing conflict-of-interest policy
that applies more broadly than the policy established in this
bill. CHP's policy specifically bans employees from accepting,
taking, purchasing, or converting to their own use, or to the
use of another, any vehicle stored or processed through lien
sale by the agency in the course of carrying out their duties.
The CHP reports that its policy is intended to exclude those
employees from the acquisition process who are directly
responsible for the activity which led to confiscation, seizure,
possession, etc., of the item in question. CHP states that it
is not aware of any other agencies that have engaged in the
conduct that has been alleged in King City.
Existing law generally prohibits public safety officers from
engaging in activities that are inconsistent or incompatible
with their public duties. This bill does not identify or
address any deficiency in current law. The impact of subjecting
law enforcement officers and their public employers to
conflict-of-interest requirements relating to tow policies is
unknown. This bill could have the unintended consequence of
removing the option for law enforcement officers to purchase
vehicles from tow companies when done properly and
appropriately, such as through a public auction open to the
general public.
Supporters, representing immigrant rights groups, state that
this measure is intended to end corrupt towing practices, such
as the one in King City, and create a statewide policy similar
to what many municipalities are already doing.
The Peace Officers Research Association of California writes in
opposition that this bill is "far reaching and unnecessary
because it would penalize every officer for the actions of a few
bad apples and create a state mandate that prevents decent cops
from purchasing an automobile at a reasonable price."
REGISTERED SUPPORT / OPPOSITION :
AB 2260
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Support
American Civil Liberties Union
California Immigrant Policy Center
Mexican American Legal Defense and Educational Fund
Opposition
Peace Officers Research Association of California
Analysis Prepared by : Cassie Royce / A. & A.R. / (916)
319-3600