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AB-911 Police protection districts. (2011-2012)

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AB911:v96#DOCUMENT

Amended  IN  Senate  June 14, 2011
Amended  IN  Assembly  May 19, 2011
Amended  IN  Assembly  April 14, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 911


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 fee is charged, 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.

 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:

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.