Bill Text: CA AB911 | 2011-2012 | Regular Session | Amended
Bill Title: Police protection districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-06-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB911 Detail]
Download: California-2011-AB911-Amended.html
BILL NUMBER: AB 911 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MAY 19, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 17, 2011
An act to amend Sections 20070 and 20081
Section 20070 of, and to add Sections 20070.4,
20070.5, and 20082 20070.6, and 20071.1 to, the
Health and Safety Code, relating to police protection districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 911, as amended, Ma. Police protection districts.
Existing law provided, until October 1, 1959, for the formation
and administration of police protection districts in unincorporated
towns, and provides for the continuation of police protection
districts formed prior to that date. Existing law provides that a
police protection district is to be governed by a district board
consisting of 3 elected commissioners. Existing law further provides
that a police protection district's police department, its chief of
police, and its employees shall have all the rights, duties,
privileges, immunities, obligations, and powers of a municipal police
department.
This bill would grant police protection districts additional
powers, including, but not limited to, the ability to adopt
rules, regulations, and ordinances and resolutions
, as specified. This bill would specify that a violation of
any rule, regulation, or ordinance adopted by a board of police
commissioners would be a misdemeanor. The bill would authorize a
district to charge a fee to cover the cost of any service that the
district provides or the cost of enforcing any regulation for which
the f ee is charged, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20070 of the Health and Safety Code is amended
to read:
20070. A district formed under this division shall have, and it
may exercise, all the rights and powers, expressed and implied by
law, necessary to carry out the purposes and intent of this division,
including, but not limited to, the following powers:
(a) To adopt, by ordinance or resolution, and enforce rules and
regulations necessary for the administration, operation, use, and
maintenance of the facilities and services of the district, except
where preempted by state or federal law. Ordinances shall be adopted
pursuant to the procedures set forth in Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the
Government Code. Ordinances adopted by the district shall be limited
to those authorized under this division or related to the following:
(1) The setting of all fees and charges for services provided by
the district.
(2) Regulation of tow trucks and towing firms operating in the
district.
(3) Regulation and administrative oversight of vehicles for hire,
including taxicabs.
20070. Except when preempted by state or federal
law, a district may:
(a) Adopt all rules and regulations necessary for the
administration, operation, and maintenance of the district.
(b) Adopt ordinances pursuant to the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3 of the Government Code. Ordinances shall be limited to
those related to the following:
(1) The setting of fees pursuant to Section 20071.1.
(2) The regulation of tow trucks and towing firms that operate in
the district.
(3) The regulation and oversight of vehicles for hire, including
taxicabs.
(4) The regulation of vehicles for hire, as provided in Section
53075.5 of the Government Code, except for vehicles for hire that are
licensed or permitted by, and under the jurisdiction of, the Public
Utilities Commission.
(5) The regulation of vehicle traffic and parking on any property
within the possession or control of the district.
(b)
(c) To adopt a seal and alter it.
(c)
(d) To provide insurance pursuant to Part 6 (commencing
with Section 989) of Division 3.6 of Title 1 of the Government Code.
(d) To regulate vehicles for hire, as provided in Section 53075.5
of the Government Code, except vehicles for hire that are licensed or
permitted by, and under the jurisdiction of, the Public Utilities
Commission.
SEC. 2. Section 20070.4 is added to the Health and Safety Code, to
read:
20070.4. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
SEC. 3. Section 20070.5. 20070.6. is
added to the Health and Safety Code, to read:
20070.5. 20070.6. (a) Violation of
any rule, regulation, or ordinance adopted by a district board is a
misdemeanor punishable pursuant to Section 19 of the Penal Code.
(b) Any citation issued by a district employee for violation of a
rule, regulation, or ordinance adopted by a district board may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
(c) To protect property and to preserve the peace at facilities
owned, managed, or operated by, or under the control of, a district,
a district board may , by ordinance or resolution
, confer upon designated uniformed district
employees the power to issue citations for misdemeanor and infraction
violations of state law, city or county ordinances, or district
rules, regulations, or ordinances when the violation is committed
within or upon a district facility and in the presence of the
employee issuing the citation. District employees shall issue
citations pursuant to Chapter 5C (commencing with Section 853.5) of
Title 3 of Part 2 of the Penal Code and Chapter 2 (commencing with
Section 40300) of Division 17 of the Vehicle Code.
SEC. 4. Section 20081 of the Health and Safety
Code is amended to read:
20081. In addition to the duties specified in this chapter, the
district board shall have the power to take any and all actions
necessary for, or incidental to, the powers expressed or implied by
this division.
SEC. 5. Section 20082 is added to the Health
and Safety Code, to read:
20082. This article shall be liberally construed to effectuate
its purposes.
SEC. 4. Section 20071.1 is added to the
Health and Safety Code , to read:
20071.1. (a) A district may charge a fee to cover the cost of any
service that the district provides or the cost of enforcing any
regulation for which the fee is charged. No fee shall exceed the
reasonable costs of the district in providing the service or
enforcing the regulation for which the fee is charged.
(b) Before imposing or increasing any fee for property-related
services, a district shall follow the procedures in Section 6 of
Article XIII D of the California Constitution.
(c) A district may charge residents or taxpayers of the district a
fee authorized by this section that is less than the fee that it
charges nonresidents or nontaxpayers.
(d) A district board may authorize district employees to waive the
payment, in whole or in part, of a fee authorized by this section if
the district board determines that payment would not be in the
public interest. Before authorizing any waiver, a district board
shall adopt a resolution that specifies the policies and procedures
governing waivers.
