BILL NUMBER: SB 5INTRODUCED BILL TEXT INTRODUCED BY Senator Maldonado DECEMBER 1, 2008 An act to amend Section 830.6 of the Penal Code, and to amend Section 3 of the Monterey Peninsula Airport District Act (Chapter 52 of the Statutes of 1941), relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST SB 5, as introduced, Maldonado. Peace officers: Monterey Peninsula Airport District: reserve officers. Existing law authorizes qualified persons to be deputized or appointed as reserve or auxiliary sheriffs or police officers of various local governmental agencies, which reserve officers are assigned to the prevention and detection of crime and the general enforcement of the laws of this state, and are considered peace officers, under specified circumstances. This bill would expressly include reserve officers of the Monterey Peninsula Airport District among those reserve officers who are considered peace officers. By increasing the duties of local government officials, the bill would impose a state-mandated local program. Existing law establishes the Monterey Peninsula Airport District and grants that district certain police powers, including maintaining a police department. This bill would authorize the district to employ and equip reserve police officers. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. 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 830.6 of the Penal Code is amended to read: 830.6. (a) (1) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a regional park district or of a transit district, a reserve park ranger, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve deputy of the Department of Fish and Game, a reserve special agent of the Department of Justice, a reserve officer of a community service district which is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, a reserve officer of the Monterey Peninsula Airport District, a reserve officer of a school district police department under Section 35021.5 of the Education Code, a reserve officer of a community college police department under Section 72330, a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, or a reserve housing authority patrol officer employed by a housing authority defined in subdivision (d) of Section 830.31, and is assigned specific police functions by that authority, the person is a peace officer, if the person qualifies as set forth in Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph extends only for the duration of the person's specific assignment. A reserve park ranger or a transit, harbor, or port district reserve officer may carry firearms only if authorized by, and under those terms and conditions as are specified by, his or her employing agency. (2) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve park ranger, a reserve police officer of a regional park district, transit district, community college district, or school district, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve officer of a community service district that is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, a reserve officer of the Monterey Peninsula Airport District, or a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, and is so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph includes the full powers and duties of a peace officer as provided by Section 830.1. A transit, harbor, or port district reserve police officer, or a city or county reserve peace officer who is not provided with the powers and duties authorized by Section 830.1, has the powers and duties authorized in Section 830.33, or in the case of a reserve park ranger, the powers and duties that are authorized in Section 830.31, or in the case of a reserve housing authority patrol officer, the powers and duties that are authorized in subdivision (d) of Section 830.31, and a school district reserve police officer or a community college district reserve police officer has the powers and duties authorized in Section 830.32. (b) Whenever any person designated by a Native American tribe recognized by the United States Secretary of the Interior is deputized or appointed by the county sheriff as a reserve or auxiliary sheriff or a reserve deputy sheriff, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by the county sheriff, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a peace officer pursuant to this subdivision includes the full powers and duties of a peace officer as provided by Section 830.1. (c) Whenever any person is summoned to the aid of any uniformed peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to him or her by the summoning officer or that are otherwise reasonably necessary to properly assist the officer. SEC. 2. Section 3 of the Monterey Peninsula Airport District Act (Chapter 52 of the Statutes of 1941), as amended by Chapter 359 of the Statutes of 2006, is amended to read: Sec. 3. Corporate Powers. The Monterey Peninsula Airport District is hereby declared to be, and established as, a body corporate and politic, and, in addition to other powers herein granted, shall have and is hereby granted all of the following powers: (a) Perpetual Succession. To have perpetual succession. (b) Lawsuits. To sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) Seal. To adopt a seal and alter it at pleasure. (d) Property. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of, real or personal property of every kind within or outside the district necessary to the full exercise of its power. (e) Improvements. To acquire or contract to acquire lands, rights-of-way, easements, privileges and property of every kind, and construct, maintain, and operate any and all works or improvements within or outside the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve, any works or improvements acquired by the district in accordance with this act. (f) Eminent Domain. To exercise the right of eminent domain to take any property necessary to carry out any of the objects or purposes of this act. (g) Indebtedness. (1) To incur indebtedness and to issue bonds pursuant to Section 61126 of the Government Code. (2) To incur indebtedness and to issue bonds pursuant to the bond provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). (3) To incur indebtedness and to issue negotiable promissory notes pursuant to a resolution adopted by vote of a majority of the members of the district's board of directors. The amount of indebtedness under this paragraph shall not exceed one million dollars ($1,000,000) and shall be repaid within 10 years from the date on which it is incurred. (4) To incur indebtedness using securitized limited obligation notes pursuant to Article 7.4 (commencing with Section 53835) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (5) To borrow money from the United States or any federal agency or department for the acquisition or improvement of land for district purposes. The district may borrow this money pursuant to a resolution adopted by vote of a majority of the members of the district's board of directors. The resolution shall specify the particular project being undertaken and the amount, term, and method of repayment of the loan. When received, the money shall be deposited in a special fund and spent only for the purposes for which the loan was approved. If a surplus remains after the completion of the project, the surplus shall be applied to repaying the loan. (6) Notwithstanding any other provision of law, the maximum rate of interest on indebtedness issued pursuant to this subdivision shall not exceed the rate prescribed by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. The interest may be fixed or variable and may be simple or compound. The interest shall be payable at the time or times determined by the district. (h) Taxes. To cause taxes to be levied and collected for the purpose of paying any obligation of the district in accordance with this act. (i) Exercise of Powers--Contracts. To make contracts, and to employ persons and labor, and to do all acts necessary for the full exercise of all powers vested in the district, or in any of the officers of the district, by this act. (j) Disposal of Property. To lease, sell, or dispose of any property, or any interest in property, acquired in fee, or otherwise, whenever in the judgment of the board of directors the property, or any interest or part of the property, is no longer required for the purposes of the district, or may be leased for any purpose without interfering with the use of the property for the purposes of the district, and to pay any compensation received for the property into the general fund of the district and use the compensation for the purposes of this act. (k) Operation and Concession Agreements. To make contracts for the operation or maintenance of any airport of the district, or for any concession thereupon necessary or convenient to the district. (l) Police Powers of District. (1) To equip and maintain a police department, to adopt ordinances, resolutions, and regulations for the protection of the public peace, health, or safety, in or upon any airport of the district, or in or upon any approach to the airport, owned or controlled by the district and to prescribe penalties for the violation of those ordinances, resolutions, or regulations. Violation of any ordinance, resolution, or regulation shall constitute a misdemeanor, unless, by ordinance, the district designates the violation as an infraction. (2)Violation of any ordinance, resolution, or regulation shall constitute a misdemeanor, unless, by ordinance, the district designates the violation as an infraction.To employ and equip reserve police officers. (m) General Powers. To possess and exercise all powers necessary or appropriate to a public airport district that are not prohibited by the California Constitution, including all powers granted by, or that may be hereafter granted by, any general law of the state to any public airport district and all powers incidental to, and necessary or convenient in connection with, the exercise of the powers generally or specifically granted to the district by this act. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.