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AB-2873 Counties: sheriffs’ duties: coastlines, harbors, and inland waterways.(2007-2008)

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Amended  IN  Assembly  April 14, 2008
Amended  IN  Assembly  March 28, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2873

Introduced  by  Assembly Member Solorio, Silva

February 22, 2008

An act to add Section 26603 to the Government Code, relating to counties.


LEGISLATIVE COUNSEL'S DIGEST


AB 2873, as amended, Solorio. Counties: sheriffs’ duties: coastlines, harbors, and inland waterways.
Existing law requires each county in this state to have an elected sheriff. The sheriff is required to, among other things, preserve peace, as specified. The California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations that are not in conflict with general laws. Existing law also requires the sheriff of each county to give all possible aid and assistance to vessels stranded on its coast and to the persons on board, as specified.
The bill would specifically authorize the Orange County Board of Supervisors to grant authorization to another law enforcement agency within the county to provide contract security and safety services along the county’s coastlines and inland waterways, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) It is the intent of the Legislature that the authority for the security and safety of the county’s coastlines, harbors, and inland waterways in the County of Orange be granted to a law enforcement entity within the county that will employ skilled peace officers as defined by Section 830.1 of the Penal Code, with the same minimum standards of training as those applying to the peace officers that were employed by the previous law enforcement entity on January 1, 2008.
(b) Given the importance of protecting against acts of terrorism, and providing cohesive and unambiguous protection to the residents of the County of Orange, the security of the county coastline, harbors, and inland waterways, and the corresponding safety of this vulnerable state border area are of statewide and national concern.

SEC. 2.

 Section 26603 is added to the Government Code, to read:

26603.
 (a) The Board of Supervisors of the County of Orange may grant authorization to another law enforcement agency within the county to provide contract security and safety services along the county’s coastlines and inland waterways, so long as the same minimum standards of training as those applying to the peace officers pursuant to Section 830.1 of the Penal Code that were employed by the previous law enforcement entity on January 1, 2007 2008, are maintained.
(b) If the Board of Supervisors of the County of Orange grants a security services contract to a law enforcement agency within the county that is different than the previous law enforcement entity that provided these services on January 1, 2008, that agency shall employ and maintain at least the same number of qualified peace officers as defined by Section 830.1 of the Penal Code, that were employed by the previous law enforcement entity.
(c) This section shall not be construed to cancel or otherwise modify any agreement, contract, or service arrangement in place prior to January 1, 2009.
(d) Nothing in this section shall preclude any city within the County of Orange from providing existing city services and resources, including, but not limited to, lifeguards, fire, medical, and enforcement services at beaches along the coast.
(e) Nothing in this section shall authorize the Board of Supervisors of the County of Orange to charge cities within the county for providing security and safety for the county’s coastlines, harbors, and inland waterways.

SEC. 3.

 The Legislature finds and declares that, because of the unique circumstances applicable to the County of Orange, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution, and, therefore, this special statute is necessary.