Bill Text: CA AB1745 | 2015-2016 | Regular Session | Introduced
Bill Title: Public safety: funding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1745 Detail]
Download: California-2015-AB1745-Introduced.html
BILL NUMBER: AB 1745 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hadley
FEBRUARY 1, 2016
An act to add Chapter 6.8 (commencing with Section 30066) to
Division 3 of Title 3 of the Government Code, relating to public
safety, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1745, as introduced, Hadley. Public safety: funding.
Existing law establishes in each county treasury a Supplemental
Law Enforcement Services Account (SLESA) and requires the county
auditor to allocate moneys in the SLESA in a prescribed manner to
counties and cities located within the county for the purpose of
funding specified public safety programs.
This bill would appropriate $85,000,000 from the General Fund in
the State Treasury to be allocated by the State Controller to each
city's and city and county's SLESA. The bill would require the county
auditor for a county to allocate moneys received from that
appropriation to the county, each city within the county, and certain
special districts, as specified. The bill would authorize a local
agency that receives funds from that allocation to use the funds for
front-line law enforcement activities, including drug interdiction,
antigang, community crime prevention, and juvenile justice programs.
The bill would make related legislative findings and declarations.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares each of the
following:
(a) There is a compelling need for additional resources to be
applied at the local level for the purpose of ensuring public safety.
(b) The Los Angeles Times stated on November 10, 2015, that "A
Times review found that property crime has increased in nine of
California's 10 largest cities so far this year compared with the
same period last year. Violent crime was up in all 10."
(c) The state's criminal justice realignment and Proposition 47 of
2014, the "Safe Neighborhoods and Schools Act," have also placed new
burdens on local law enforcement.
(d) Rising crime rates, coupled with a growing state population,
and rising inflation have placed significant pressure on local law
enforcement budgets. Funding for local law enforcement programs has
not kept pace with statewide growth in population or inflation. What
was once funding of $489.9 million has increased to $549.1 million.
However, based on increases in the State Appropriations Limit since
fiscal year 2006-07, funding should be 28.82 percent higher, or
$631.1 million, which is $85 million above current levels. This
funding should be proportionally available to all communities and
should be distributed consistent with the current percentage
distribution schedule established by the Department of Finance for
the Citizens' Option for Public Safety (COPS) program.
(e) Many California communities are plagued by gang violence, drug
addiction, and violence associated with drug use and drug
trafficking.
(f) A letter dated December 21, 2015, from the United States
Department of Justice stated that, for the foreseeable future, the
department would be halting equitable funding payments to state,
local, and tribal law enforcement partners. For California law
enforcement agencies this will result in approximately $85 million in
lost revenue.
(g) Accordingly, it is the intent of the Legislature to establish
a new program to provide additional funding for front-line law
enforcement services, particularly those focused on drug
interdiction, antigang enforcement, and other local law enforcement
and crime prevention-related activities.
SEC. 2. Chapter 6.8 (commencing with Section 30066) is added to
Division 3 of Title 3 of the Government Code, to read:
CHAPTER 6.8. BUDGET ALLOCATION FOR DRUG AND GANG ENFORCEMENT
30066. (a) In addition to any moneys provided pursuant to Chapter
6.7, in any fiscal year in which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys received pursuant to this chapter and
deposited in the county's Supplemental Law Enforcement Services
Account (SLESA) within 30 days of the deposit of those moneys into
the fund.
(b) The moneys described in subdivision (a) shall be allocated to
the county and the cities within the county, and, in the case of 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 the County of Kern, the Lake Shastina Community
Services District in the County of Siskiyou, and the Kensington
Police Protection and Community Services District in County of Contra
Costa, consistent with the percentage table developed by the
Department of Finance pursuant to paragraph (3) of subdivision (b) of
Section 30061. For a newly incorporated city whose population
estimate is not published by the Department of Finance, but that was
incorporated prior to July 1 of the fiscal year in which an
allocation from the SLESA 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 SLESA 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 SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited an SLESA established in the
city treasury.
(c) Funds received pursuant to subdivision (a) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year.
30067. (a) Moneys allocated from a Supplemental Law Enforcement
Services Account (SLESA) to a recipient entity pursuant to this
chapter shall be expended exclusively to provide front-line law
enforcement services. Those moneys shall not be used by a local
agency to supplant other funding for Public Safety Services, as
defined in Section 36 of Article XIII of the California Constitution.
(b) Funding received pursuant to this chapter may be used for any
of the following:
(1) Drug interdiction programs.
(2) Acquisition, maintenance, and training related to the use of
body-worn cameras.
(3) Costs, including personnel costs, related to peace officer
training, including training relating to the instruction in the
handling of persons with developmental disabilities or mental
illness, or both.
(4) Other front-line law enforcement services.
(c) In no event shall any moneys allocated from the county's SLESA
pursuant to this chapter be expended by a recipient agency to fund
administrative overhead costs in excess of 0.5 percent of a recipient
entity's SLESA allocation pursuant to this chapter for that year.
(d) For the purposes of this chapter, "front-line law enforcement
services" includes antigang, community crime prevention, and juvenile
justice programs.
SEC. 3. The sum of eighty-five million dollars ($85,000,000) is
hereby appropriated from the General Fund in the State Treasury for
allocation by the State Controller to the counties for the purposes
specified in Chapter 6.8 (commencing with Section 30066) of Division
3 of Title 3 of the Government Code. The Controller shall allocate
those moneys among each Supplemental Law Enforcement Services Account
(SLESA) established by each county and city and county pursuant to
Section 30063 of the Government Code, consistent with the percentage
schedule developed by the Department of Finance pursuant to paragraph
(3) of subdivision (b) of Section 30061.
