BILL NUMBER: SB 1936 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Schiff
(Principal coauthor: Assembly Member Machado)
FEBRUARY 24, 2000
An act to amend Sections 30061, 30062, 30063, and 30064.1 of the
Government Code, relating to law enforcement, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1936, as introduced, Schiff. Supplemental local law
enforcement funding.
(1) Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF) and requires that
moneys from this fund be allocated to counties and cities located
within a county in accordance with specified requirements for, among
other things, front line law enforcement services.
This bill would revise the requirements for an allocation to a
county that includes a newly incorporated city, as specified, and
would require that funds be expended no later than June 30 of the
following fiscal year.
(2) Existing law requires the county auditor and the city
treasurer to file a written, public report with the Supplemental Law
Enforcement Oversight Committee (SLEOC) on or before the date of the
duly noticed public hearing held in September in each year for the
purpose of considering requests for money from the fund. A summary
of these annual reports is required to be submitted by the SLEOC to
the Controller on or before October 15, 1998, and each year
thereafter.
This bill instead would require that the written, public report be
filed with the SLEOC at least 30 days prior to the date of the duly
noticed public hearing and that the summary be submitted to the
Controller on or before August 15, 2001, and each year thereafter.
The bill would also require a county, a city, or a city and county
that fails to submit the required data or expend the SLESF moneys to
forfeit its allocation, as specified, and would authorize a local law
enforcement agency to submit the required data to the Controller if
the SLEOC fails to do so pursuant to these provisions.
(3) Existing law provides that these provisions governing
supplemental local law enforcement funding shall become inoperative
on July 1, 2000, and are repealed as of January 1, 2001.
This bill would extend the operation of these provisions to July
1, 2005, and would repeal them as of January 1, 2006.
(4) The bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30061 of the Government Code is amended to
read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's Supplemental Law Enforcement
Services Fund (SLESF), including any interest or other return earned
on the investment of those moneys, within 30 days of the deposit of
those moneys into the fund, and shall allocate those moneys in
accordance with the following requirements:
(1) Twelve and one-half percent to the county sheriff for county
jail construction and operation. In the case of Madera, Napa, and
Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Twelve and one-half percent to the district attorney for
criminal prosecution.
(3) Seventy-five percent to the county and the cities within the
county, and, in the case of the San Mateo, Kern, Siskiyou, and Contra
Costa Counties, also to the Broadmoor Police Protection District,
the Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community Services
District, and the Kensington Police Protection and Community Services
District, in accordance with the relative population of the cities
within the county and the unincorporated area of the county, and the
Broadmoor Police Protection District in the County of San Mateo, the
Bear Valley Community Services District and the Stallion Springs
Community Services District in Kern County, the Lake Shastina
Community Services District in Siskiyou County, and the Kensington
Police Protection and Community Services District in Contra Costa
County, as specified in the most recent January estimate by the
population research unit of the Department of Finance. For a
newly incorporated city whose population estimate is not published by
the Department of Finance but which was incorporated prior to July 1
of the fiscal year in which an allocation from the SLESF is to be
made, the city manager, or an appointee of the legislative body, if a
city manager is not available, and the county administrative or
executive officer shall prepare a joint notification to the
Department of Finance and the county auditor with a population
estimate reduction of the unincorporated area of the county equal to
the population of the newly incorporated city by July 15, or within
15 days after the Budget Act is enacted of the fiscal year in which
an allocation from the SLESF is to be made. No person residing
within the Broadmoor Police Protection District, the Bear Valley
Community Services District, the Stallion Springs Community Services
District, the Lake Shastina Community Services District, or the
Kensington Police Protection and Community Services District shall
also be counted as residing within the unincorporated area of the
County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any
city located within those counties. Moneys allocated to the county
pursuant to this subdivision shall be retained in the county SLESF,
and moneys allocated to a city pursuant to this subdivision shall be
deposited in a SLESF established in the city treasury.
(c) Subject to subdivision (d), for each fiscal year in which the
county and each city, and the Broadmoor Police Protection District,
the Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community Services
District, and the Kensington Police Protection and Community Services
District, receive moneys pursuant to paragraph (3) of subdivision
(b), the county, each city, and each district specified in this
subdivision shall appropriate those moneys in accordance with the
following procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney. Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs. The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present. The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) Funds received pursuant to subdivision (b) shall be expended
in accordance with the provisions of this chapter no later than June
30 of the following fiscal year. A local agency that has not met
this requirement shall remit unspent SLESF moneys to the Controller
for deposit into the General Fund.
(f) In the event that a county, a city, a city and county, or a
qualifying special district does not comply with the requirements of
this chapter to receive an SLESF allocation, the Controller shall
revert those funds to the General Fund.
SEC. 2. Section 30062 of the Government Code is amended to read:
30062. (a) Except as required by paragraphs (1) and (2) of
subdivision (b) of Section 30061, moneys allocated from a
SLESF Supplemental Law Enforcement Services Fund
(SLESF) to a recipient entity shall be expended
exclusively to provide front line law enforcement services. These
moneys shall supplement existing services, and shall not be used to
supplant, any existing funding for law enforcement services provided
by that entity.
(b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
(c) In no event shall any moneys allocated from a
the county's SLESF be expended by a recipient
agency to fund either of the following:
(1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
(2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
(d) For purposes of subdivision (c), both of the following
shall apply:
(1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESF funds allocated pursuant
to paragraph (1), (2), or (3) of subdivision (b) of Section 30061.
(2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to the 0.5 percent
of its SLESF allocation.
(e) For purposes of this chapter, "front line law
enforcement services" and "front line municipal police services" each
include antigang and community crime prevention programs.
SEC. 3. Section 30063 of the Government Code is amended to read:
30063. (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter. Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
(b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys. The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
(c) Each year, on or before at least 30
days prior to the date of the duly noticed public hearing
required pursuant to paragraph (1) of subdivision (c) of Section
30061, the county auditor and city treasurer shall detail and
summarize allocations from the county's or city's SLESF, as
applicable, in a written, public report filed with the Supplemental
Law Enforcement Oversight Committee (SLEOC), the county board of
supervisors or city council, as applicable, for the entirety of the
immediately preceding fiscal year, and the county sheriff or police
chief, as applicable.
(d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
October 15, 1998 August 15, 2001 , and
each year thereafter. Upon request, the Controller shall make a
copy of the summarized reports available to the Governor and the
Legislature.
(e) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) or fails to expend the
SLESF moneys provided by the date specified in subdivision (d) of
Section 30061 shall forfeit its allocation provided pursuant to
Section 30061 for the subsequent fiscal year. The Controller shall
reduce the effected county's allocation by the appropriate amount and
shall identify the county, city, or city and county and the
corresponding amount reduced for the affected local agency. Funds
not allocated pursuant to this subdivision shall revert to the
General Fund.
(f) Notwithstanding subdivision (e), if the Supplemental Law
Enforcement Oversight Committee (SLEOC) fails to transmit the data to
the Controller required pursuant to subdivision (d), the local law
enforcement agency may submit its expenditure data directly to the
Controller no later than 15 days after the date specified in
subdivision (d). If the local law enforcement agency has complied
with other requirements in this chapter, it shall be eligible for an
allocation the subsequent fiscal year. However, the Controller shall
reduce the SLESF allocation to the sheriff and district attorney and
the cities represented in the SLEOC, and shall reduce the allocation
to all the local law enforcement agencies that failed to provide the
expenditure data within the 15 days. Funds not allocated pursuant
to this subdivision shall revert to the General Fund.
SEC. 4. Section 30064.1 of the Government Code is amended to read:
30064.1. (a) It is the intent of the Legislature that at least
one hundred million dollars ($100,000,000) be appropriated in fiscal
years 1998-1999 and 1999-2000 2000-01,
2001-02, 2002-03, 2003-04, and 2004-05 for the purpose of
funding the provisions of this chapter.
(b) This chapter shall become inoperative on July 1, 2000
2005 , and, as of January 1, 2001
2006 , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
2001 2006 , deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide for the preservation and enhancement of public
safety through the implementation of the provisions of this bill, as
they relate to COPS funds expenditures, at the earliest possible
time, it is necessary for this act to take effect immediately.