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

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-Amended.html

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BILL NUMBER: AB 911	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 17, 2011

   An act to amend  Section 20070   Sections
20070 and 20081  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 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
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 
 police commissioners  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
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Section  20071   20070  of
the Health and Safety Code is amended to read:
    20071.   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  all
 rules and regulations  necessary  for the
administration, operation, use, and maintenance of the facilities and
services of the district.  Ordinances and resolutions 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, except where preempted by state or federal law.
 
   (4) The establishment and collection of emergency response cost
recovery fees. 
   (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) 
    (c)  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) 
    (d)  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) 
    (e)  To regulate vehicles for hire, as provided in
Section  5307.5   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 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. 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  perform such other duties as are proper
and necessary to carry out this part   have the power
to take a   ny and all actions necessary for, or incidental
to, the powers expressed or impl   ied 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. 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.