BILL NUMBER: AB 1745INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hadley FEBRUARY 1, 2016 An act to add Chapter 6.8 (commencing with Section 30066) to Division 3 of Title 3 of the Government Code, relating to public safety, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1745, as introduced, Hadley. Public safety: funding. Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. This bill would appropriate $85,000,000 from the General Fund in the State Treasury to be allocated by the State Controller to each city's and city and county's SLESA. The bill would require the county auditor for a county to allocate moneys received from that appropriation to the county, each city within the county, and certain special districts, as specified. The bill would authorize a local agency that receives funds from that allocation to use the funds for front-line law enforcement activities, including drug interdiction, antigang, community crime prevention, and juvenile justice programs. The bill would make related legislative findings and declarations. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares each of the following: (a) There is a compelling need for additional resources to be applied at the local level for the purpose of ensuring public safety. (b) The Los Angeles Times stated on November 10, 2015, that "A Times review found that property crime has increased in nine of California's 10 largest cities so far this year compared with the same period last year. Violent crime was up in all 10." (c) The state's criminal justice realignment and Proposition 47 of 2014, the "Safe Neighborhoods and Schools Act," have also placed new burdens on local law enforcement. (d) Rising crime rates, coupled with a growing state population, and rising inflation have placed significant pressure on local law enforcement budgets. Funding for local law enforcement programs has not kept pace with statewide growth in population or inflation. What was once funding of $489.9 million has increased to $549.1 million. However, based on increases in the State Appropriations Limit since fiscal year 2006-07, funding should be 28.82 percent higher, or $631.1 million, which is $85 million above current levels. This funding should be proportionally available to all communities and should be distributed consistent with the current percentage distribution schedule established by the Department of Finance for the Citizens' Option for Public Safety (COPS) program. (e) Many California communities are plagued by gang violence, drug addiction, and violence associated with drug use and drug trafficking. (f) A letter dated December 21, 2015, from the United States Department of Justice stated that, for the foreseeable future, the department would be halting equitable funding payments to state, local, and tribal law enforcement partners. For California law enforcement agencies this will result in approximately $85 million in lost revenue. (g) Accordingly, it is the intent of the Legislature to establish a new program to provide additional funding for front-line law enforcement services, particularly those focused on drug interdiction, antigang enforcement, and other local law enforcement and crime prevention-related activities. SEC. 2. Chapter 6.8 (commencing with Section 30066) is added to Division 3 of Title 3 of the Government Code, to read: CHAPTER 6.8. BUDGET ALLOCATION FOR DRUG AND GANG ENFORCEMENT 30066. (a) In addition to any moneys provided pursuant to Chapter 6.7, in any fiscal year in which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys received pursuant to this chapter and deposited in the county's Supplemental Law Enforcement Services Account (SLESA) within 30 days of the deposit of those moneys into the fund. (b) The moneys described in subdivision (a) shall be allocated to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in the County of Kern, the Lake Shastina Community Services District in the County of Siskiyou, and the Kensington Police Protection and Community Services District in County of Contra Costa, consistent with the percentage table developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited an SLESA established in the city treasury. (c) Funds received pursuant to subdivision (a) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. 30067. (a) Moneys allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity pursuant to this chapter shall be expended exclusively to provide front-line law enforcement services. Those moneys shall not be used by a local agency to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. (b) Funding received pursuant to this chapter may be used for any of the following: (1) Drug interdiction programs. (2) Acquisition, maintenance, and training related to the use of body-worn cameras. (3) Costs, including personnel costs, related to peace officer training, including training relating to the instruction in the handling of persons with developmental disabilities or mental illness, or both. (4) Other front-line law enforcement services. (c) In no event shall any moneys allocated from the county's SLESA pursuant to this chapter be expended by a recipient agency to fund administrative overhead costs in excess of 0.5 percent of a recipient entity's SLESA allocation pursuant to this chapter for that year. (d) For the purposes of this chapter, "front-line law enforcement services" includes antigang, community crime prevention, and juvenile justice programs. SEC. 3. The sum of eighty-five million dollars ($85,000,000) is hereby appropriated from the General Fund in the State Treasury for allocation by the State Controller to the counties for the purposes specified in Chapter 6.8 (commencing with Section 30066) of Division 3 of Title 3 of the Government Code. The Controller shall allocate those moneys among each Supplemental Law Enforcement Services Account (SLESA) established by each county and city and county pursuant to Section 30063 of the Government Code, consistent with the percentage schedule developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061.