Bill Text: CA AB911 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 911	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 17, 2011

   An act to amend Section 20070 of, and to add Sections 20070.4,
20070.5, 20070.6, and 20082 to, the Health and Safety Code, relating
to police protection districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 911, as introduced, 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
ordinances and resolutions, as specified. This bill would specify
that a violation of any rule, regulation, or ordinance adopted by a
board of directors of a police protection district would be a
misdemeanor. By creating a new crime, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20071 of the Health and Safety Code is amended
to read:
   20071.   The district board shall   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  all rules and regulations
 necessary  for the administration, operation, 
use,  and maintenance  of the facilities and services 
of the district. 
   (b) To adopt ordinances following 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.  
   (c) To sue and be sued in its own name.  
   (d) To engage counsel and other professional services.  
   (e) To adopt a seal and alter it.  
   (g) To enter joint powers agreements pursuant to the Joint
Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.  
   (g) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1 of the Government Code. 

   (h) To take any and all actions necessary for, or incidental to,
the powers expressed or implied by this division.  
   (i) To regulate vehicles for hire, as provided in Section 5307.5
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 is added to the Health and Safety Code, to
read:
   20070.5.  (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 20070.6 is added to the Health and Safety Code, to
read:
   20070.6.  (a) A district may request an inspection warrant
pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure. The warrant shall state the location
that it covers and shall state its purposes. A warrant may authorize
district employees to enter property only to do one or more of the
following:
   (1) Inspect to determine the presence of public nuisances that the
district has the authority to abate.
   (2) Abate public nuisances, either directly or by giving notice to
the property owner to abate the public nuisance.
   (3) Determine if a notice to abate a public nuisance has been
complied with.
   (b) Where there is no reasonable expectation of privacy and
subject to the limitations of the United States Constitution and the
California Constitution, employees of a district may enter any
property within the district for any of the following purposes:
   (1) Inspect the property to determine the presence of public
nuisances that the district has the authority to abate.
   (2) Abate public nuisances, either directly or by giving notice to
the property owner to abate the public nuisance.
   (3) Determine if a notice to abate a public nuisance has been
complied with.
  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. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.