California Assembly Bill AB2137 Amended / Bill

 BILL NUMBER: AB 2137AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 30, 2012 INTRODUCED BY Assembly Member Bradford FEBRUARY 23, 2012 An act to amend Sections  1597.30, 1597.40, 1597.43, and 1597.46 of the Health and Safety Code   830.1 and 830.33 of the Penal Code  , relating to  family day care homes   peace officers  . LEGISLATIVE COUNSEL'S DIGEST AB 2137, as amended, Bradford.  Family day care homes.   Peace officers: airport law enforcement.   Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Existing law provides that a person who is employed as an airport law enforcement officer is a peace officer whose authority extends to any place in the state for the purpose of enforcing the law in or about the properties owned, operated, and administered by the peace officer' s employing agency or when making an arrest if there is immediate danger to a person or property, or of an escape of the perpetrator of an offense. Existing law authorizes this category of peace officer to carry a firearm.   This bill would place an airport law enforcement officer regularly employed by the Los Angeles World Airports within a different category of peace officers whose authority extends to any place in the state without the above restrictions as to arrest powers and with the authority to carry specified firearms.   This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles relating to law enforcement at the Los Angeles International Airport.   The California Child Day Care Facilities Act provides for the licensing and regulation of child day care facilities, including family day care homes, by the State Department of Social Services. The act prohibits a city, county, or city and county from prohibiting large family day care homes on lots zoned for single-family dwellings, but requires a city, county, or city and county to (1) classify large family day care homes as a permitted use of residential property for zoning purposes, (2) grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with certain local ordinances, or (3) require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings.   This bill would instead authorize a city, county, or city and county to prohibit large family day care homes on lots zoned for single-family dwellings. The bill would encourage, rather than require, the 3 actions specified above. This bill also would make technical and conforming changes to these provisions, and would make associated changes with respect to legislative findings and declarations and the Legislature's intent in enacting these provisions.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 830.1 of the   Penal Code   is amended to read:  830.1. (a)  Any   A  sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county,  any   a  chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions,  any   a  police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city,  any   a  chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department,  any   a  marshal or deputy marshal of a superior court or county,  any   a  port warden or port police officer of the Harbor Department of the City of Los Angeles,  a person regularly employed as an airport law enforcement officer by Los Angeles World Airports,  or  any   an  inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: (1) As to  any   a  public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. (2) Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her to give consent, if the place is within a county. (3) As to  any   a  public offense committed or which there is probable cause to believe has been committed in the peace officer's presence, and with respect to which there is immediate danger to a  person or property, or of the escape of the perpetrator of the offense. (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. (c)  Any   A   deputy sheriff of the County of Los Angeles, and  any   a  deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, and Tuolumne who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.  (d) For purposes of this chapter, "Los Angeles World Airports" means the department of the City of Los Angeles that owns and operates the Los Angeles International Airport, the Ontario International Airport, the Palmdale Regional Airport, and the Van Nuys Airport.   SEC. 2.   Section 830.33 of the   Penal Code   is amended to read:  830.33. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to  any   a  public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (a) A member of the San Francisco Bay Area Rapid Transit District Police Department appointed pursuant to Section 28767.5 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the district or when performing necessary duties with respect to patrons, employees, and properties of the district. (b) Harbor or port police regularly employed and paid in that capacity by a county, city, or district other than peace officers authorized under Section 830.1, if the primary duty of the peace officer is the enforcement of the law in or about the properties owned, operated, or administered by the harbor or port or when performing necessary duties with respect to patrons, employees, and properties of the harbor or port. (c) Transit police officers or peace officers of a county, city, transit development board, or district, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (d)  Any   (1)     A  person regularly employed as an airport law enforcement officer by a city, county, or district operating the airport or by a joint powers agency, created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, operating the airport, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, and administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.  (2) Notwithstanding paragraph (1), a person regularly employed as an airport law enforcement officer by the Los Angeles World Airports is a peace officer pursuant to the provisions of Section 830.1.  (e) (1)  Any   A  railroad police officer commissioned by the Governor pursuant to Section 8226 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency. (2) Notwithstanding any other provision of law, a railroad police officer who has met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who has been commissioned by the Governor as described herein, and the officer's employing agency, may apply for access to information from the California Law Enforcement Telecommunications System (CLETS) through a local law enforcement agency that has been granted direct access to CLETS, provided that, in addition to other review standards and conditions of eligibility applied by the Department of Justice, the CLETS Advisory Committee  ,  and the Attorney General, before access is granted ,  the following are satisfied: (A) The employing agency shall enter into a Release of CLETS Information agreement as provided for in the CLETS policies, practices, and procedures, and the required background check on the peace officer and other pertinent personnel has been completed, together with all required training. (B) The Release of CLETS Information agreement shall be in substantially the same form as prescribed by the CLETS policies, practices, and procedures for public agencies of law enforcement who subscribe to CLETS services, and shall be subject to the provisions of Chapter 2.5 (commencing with Section 15150) of  Title 2   Part 6  of Division 3 of  Title 2 of  the Government Code and the CLETS policies, practices, and procedures. (C) (i) The employing agency shall expressly waive any objections to jurisdiction in the courts of the State of California for  any   a  liability arising from use, abuse, or misuse of CLETS access or services or the information derived therefrom, or with respect to  any  legal actions to enforce provisions of California law relating to CLETS access, services, or information under this subdivision, and provided that this liability shall be in addition to that imposed by  Section 8226 of the  Public Utilities  Code Section 8226.   Code.  (ii) The employing agency shall further agree to utilize CLETS access, services, or information only for law enforcement activities by peace officers who have met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who have been commissioned as described herein who are operating within the State of California, where the activities are directly related to investigations or arrests arising from conduct occurring within the State of California. (iii) The employing agency shall further agree to pay to the Department of Justice and the providing local law enforcement agency all costs related to the provision of access or services, including, but not limited to, any and all hardware, interface modules, and costs for telephonic communications, as well as administrative costs.  SEC. 3.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles relating to law enforcement at the Los Angeles International Airport.   SECTION 1.   Section 1597.30 of the Health and Safety Code is amended to read: 1597.30. The Legislature finds and declares: (a) It has a responsibility to ensure the health and safety of children in family homes that provide day care. (b) That there are insufficient numbers of regulated family day care homes in California. (c) There will be a growing need for child day care facilities due to the increase in working parents. (d) Many parents prefer child day care located in their neighborhoods in family homes. However, it is in the state's interest that this preference be balanced against the potential negative impact to the surrounding single-family neighborhood in terms of spacing and concentration, traffic control, parking, and noise control. (e) There should be a variety of child care settings, including regulated family day care homes, as suitable alternatives for parents. (f) That the program to be operated by the state should be cost effective, streamlined, and simple to administer in order to ensure adequate care for children placed in family day care homes, while not placing undue burdens on the providers. (g) That the state should maintain an efficient program of regulating family day care homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes.   SEC. 2.   Section 1597.40 of the Health and Safety Code is amended to read: 1597.40. (a) It is the intent of the Legislature that small family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a small family day care home the same home environment as provided in a traditional home setting. The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use or occupancy of small family day care homes for children, except as specifically provided for in this chapter, and to prohibit any restrictions relating to the use of single-family residences for small family day care homes for children except as provided by this chapter. (b) Every provision in a written instrument entered into relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family day care home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c) Except as provided in subdivision (d), every restriction or prohibition entered into, whether by way of covenant, condition upon use or occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or indirectly limits, the acquisition, use, or occupancy of such property for a family day care home for children is void. (d) (1) A prospective family day care home provider, who resides in a rental property, shall provide 30 days' written notice to the landlord or owner of the rental property prior to the commencement of operation of the family day care home. (2) For family day care home providers who have relocated an existing licensed family day care home program to a rental property on or after January 1, 1997, less than 30 days' written notice may be provided in cases where the department approves the operation of the new location of the family day care home in fewer than 30 days, or the home is licensed in fewer than 30 days, in order that service to the children served in the former location not be interrupted. (3) A family day care home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever occurs later. (4) Notwithstanding any other provision of law, upon commencement of, or knowledge of, the operation of a family day care home on his or her property, the landlord or property owner may require the family day care home provider to pay an increased security deposit for operation of the family day care home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family day care homes. In no event, however, shall the total security deposit charged exceed the maximum allowable under existing law. (5) Section 1596.890 shall not apply to this subdivision.   SEC. 3.   Section 1597.43 of the Health and Safety Code is amended to read: 1597.43. The Legislature finds and declares all of the following: (a) Small family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. Small family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees and equipment. (b) The uses of congregate care facilities and large family day care homes are distinguishable from the uses of small family day care homes operated under the standards of state law. (1) For purposes of this section, a "congregate care facility" means a "residential facility," as defined in paragraph (1) of subdivision (a) of Section 1502. Congregate care facilities are used throughout the day and night, and the institutional uses of these facilities are primary uses of the facilities, not accessory uses, and draw a large number of employees, vehicles, and equipment compared to that drawn to small family day care homes. (2) Large family day care homes draw a larger number of employees, vehicles, and noise than do small family day care homes and shall not be considered an accessory use. (c) The expansion permitted for family day care homes by Sections 1597.44 and 1597.465 is not appropriate with respect to congregate care facilities, or any other facilities with quasi-institutional uses. Therefore, with these provisions, the Legislature does not intend to alter the legal standards governing congregate care facilities and these provisions are not intended to encourage, or be a precedent for, changes in statutory and case law governing congregate care facilities.   SEC. 4.   Section 1597.46 of the Health and Safety Code is amended to read: 1597.46. With regard to large family day care homes: (a) A city, county, or city and county may prohibit large family day care homes on lots zoned for single-family dwellings. (b) A city, county, or city and county is encouraged, but not required, to do one of the following as it relates to large family day care homes: (1) Classify these homes as a permitted use of residential property for zoning purposes. (2) Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to those homes, and complies with subdivision (f) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. Any permit issued pursuant to this paragraph shall be granted by the zoning administrator, or if there is no zoning administrator by the person or persons designated by the planning agency to grant these permits, upon the certification without a hearing. (3) (A) Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. The zoning administrator, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits, shall review and decide the applications. The use permit shall be granted if the large family day care home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes, and complies with subdivision (f) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children. The local government shall process any required permit as economically as possible. (B) If a city, county, or city and county elects to implement this paragraph, fees charged for review shall not exceed the costs of the review and permit process. An applicant may request a verification of fees, and the city, county, or city and county shall provide the applicant with a written breakdown within 45 days of the request. Beginning July 1, 2007, the application form for large family day care home permits shall include a statement of the applicant's right to request the written fee verification. (C) If a city, county, or city and county elects to implement this paragraph, not fewer than 10 days prior to the date on which the decision will be made on the application, the zoning administrator or person designated to handle the use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home. A hearing on the application for a permit issued pursuant to this paragraph shall not be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any, of the appeal. (c) In connection with any action taken pursuant to paragraph (2) or (3) of subdivision (b), a city, county, or city and county shall do all of the following: (1) Upon the request of an applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies. The city, county, or city and county shall, upon request of any applicant, also provide information about the anticipated length of time for reviewing and processing the permit application. (2) Upon the request of an applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit. (3) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit, and procedures for receiving a refund from the portion of the deposit not used. (d) A large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law), or for purposes of local building and fire codes. (f) (1) Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to this subdivision. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in large family day care homes which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to all of the following: (A) The requirement that a large family day care home contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal. (B) Specification as to the number of required exits from the home. (C) Specification as to the floor or floors on which day care may be provided. (2) Enforcement of the provisions described in paragraph (1) shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in large family day care homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences in which day care is not provided. (g) The State Fire Marshal shall adopt the building standards required in subdivision (e) and any other regulations necessary to implement this section.