BILL NUMBER: AB 76 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2013
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Campos, Chesbro, Daly, Dickinson, Gordon,
Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian,
Rendon, Skinner, Stone, and Ting))
JANUARY 10, 2013
An act relating to the Budget Act of 2013.
An act to amend Sections 100010 and 100115 of, and to add Section
94874.8 to, the Education Code, to amend Sections 8592.1, 8592.5,
8592.7, 8690.6, 11542, 13964, 14615.1, 15251, 15253, 15254, 15275,
15277, 18671.2, 23025, 25008, 53108.5, 53114.1, 53115.1, and 53126.5
of, to add Sections 6252.8, 8250.1, 11543, 13295.5, 13963.1, and
50021 to, to add Chapter 9 (commencing with Section 14930) to Part
5.5 of Division 3 of Title 2 and Chapter 3 (commencing with Section
15278) to Part 6.5 of Division 3 of Title 2 of, and to add and repeal
Article 8 (commencing with Section 19210) of Chapter 5 of Part 2 of
Division 5 of Title 2 of, to repeal Section 8169.6 of, and to repeal
and add Section 18662 of, the Government Code, to amend
Sections 6060 and 7047 of the Harbors and Navigation Code, to amend
Sections 2851, 4733, 6489, and 32103 of the Health and Safety Code,
to amend Section 10089.7 of the Insurance Code, to amend Sections
62.5, 139.48, 1024, 1771.3, 1771.5, 7852, 7856, and 7870 of, to amend
and repeal Section 62.7 of, to add Sections 62.8 and 1063.5 to, and
to repeal 62.9 of, the Labor Code, to amend Section 1197 of the
Military and Veterans Code, to amend Sections 1203, 13518
.1, 13701, 13710, and 13730 of the Penal Code, to amend Sections
10351, 12100, 12100.5, 12100.7, 12101, 12101.2, 12101.5, 12102,
12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108, 12109, 12112,
12120, 12125, 12126, and 12128 of, to add Sections 12102.1 and
12102.2 to, and to repeal Section 12121 of, the Public Contract Code,
to amend Sections 9303 and 75121 of the Public Resources Code, to
amend Sections 2872.5, 2892, 2892.1 11908.1, 11908.2, and 22407 of
the Public Utilities Code, to amend Sections 41030, 41031, 41032,
41136, 41136.1, 41137, 41137.1, 41138, 41139, 41140,
41141, and 41142 of the Revenue and Taxation Code, to amend Section
5066 of the Vehicle Code, to amend Sections 21166, 30507, 30507.1,
34741, 40355, 50605, 56031, 60143, 70078, 71255, and 74208 of the
Water Code, and to amend Section 656.2 of the Welfare and
Institutions Code, relating to state and local government, and making
an appropriation therefor, to take effect immediately, bill related
to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 76, as amended, Committee on Budget. Budget Act of
2013. State government.
(1) Existing law, the California Private Postsecondary Education
Act of 2009, provides, among other things, for student protections
and regulatory oversight of private postsecondary institutions in the
state. The act is enforced by the Bureau for Private Postsecondary
Education within the Department of Consumer Affairs. The act exempts
specified institutions, including institutions accredited by certain
federally recognized accrediting agencies and institutions accredited
by a regional accrediting agency, from its provisions, and is
repealed on January 1, 2015.
This bill would authorize certain institutions, which are
otherwise exempt from the requirement in the act that they obtain
approval to operate from the bureau, to apply to the bureau for an
approval to operate under the act. The bill would specify the
authority of the bureau with regard to those institutions and would
provide that, upon being issued an approval to operate, those
institutions would be subject to the act and regulations adopted
pursuant to the act. The bill would require these institutions to
report certain placement and salary or wage data to the bureau and
provide certain information to prospective students. This bill would
provide that an institution that was approved to operate by the
bureau before its effective date shall be deemed to have been
approved pursuant to the bill's provisions. All of these provisions
would be repealed on January 1, 2015, as part of the act.
(2) The California Constitution authorizes the Legislature, at any
time after the approval by the voters of a law authorizing the
issuance of bonded indebtedness, to reduce the amount of the
indebtedness authorized by the law to an amount not less than the
amount contracted at the time of the reduction.
This bill would reduce the amount of bonded indebtedness
authorized by the Public Education Facilities Bond Act of 1996 by
$12,965,000.
(3) Existing law, the California Public Records Act (CPRA),
requires state and local agencies to make public records available
upon receipt of a request that reasonably describes an identifiable
record not otherwise exempt from disclosure, upon the payment of fees
to cover costs.
This bill would, commencing on the effective date of this bill,
make compliance with certain provisions of the CPRA, which among
other things relate to the delivery of electronic data, optional for
local agencies. The bill would encourage local agencies to follow
these provisions as "best practices" and would require a local agency
that determines that it will not follow these best practices to so
announce orally at its next regularly scheduled public meeting and
annually thereafter. By requiring this announcement, this bill would
impose a state-mandated local program.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
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.
(4) Existing law authorizes the Director of General Services to
purchase, exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, within the jurisdiction of the Capital Area Plan in the
City of Sacramento and authorizes the State Public Works Board to
issue up to $391,000,000 in revenue bonds, negotiable notes, or
negotiable bond anticipation notes to finance the costs associated
with the acquisition, design, and construction of office and parking
facilities in the Capital Area Plan.
This bill would repeal this authority given to the Director of
General Services and the State Public Works Board.
(5) Existing law creates within state government the Commission on
the Status of Women and Girls. Existing law requires the commission
to act as an information center on the status of women and women's
educational, employment, and other related needs.
This bill would create a fund in the State Treasury to carry out
these provisions.
(6) Existing law, the California Disaster Assistance Act,
establishes, until January 1, 2014, the Disaster Response-Emergency
Operations Account in the Special Fund for Economic Uncertainties and
continuously appropriates its revenue for allocation by the Director
of Finance to state agencies for disaster response operation costs
incurred as a result of a proclamation by the Governor of a state of
emergency.
This bill would extend the termination date for these provisions
until January 1, 2019, and would thereby make an appropriation by
extending the time during which funds are continuously appropriated
from the account.
(7) The California Victim Compensation and Government Claims Board
administers a program to assist state residents to obtain
compensation for their pecuniary losses suffered as a direct result
of criminal acts. Payment is made under these provisions from the
Restitution Fund, which is continuously appropriated to the board for
these purposes.
This bill would authorize the board, as specified, to administer a
program to award, upon appropriation by the Legislature, up to
$2,000,000 in grants, annually, to trauma recovery centers, as
defined, funded from the Restitution Fund.
(8) Existing law authorizes a state agency to furnish services,
materials, or equipment to, or perform work for, any other state
agency upon terms and conditions and for such consideration as they
may determine, and to enter into agreements for that purpose, subject
to approval of the Director of General Services. Existing law
requires a state agency that furnishes the services, materials, or
equipment to, or performs the work for, the other state agency to
compute charges in a manner approved by the Director of Finance.
This bill would authorize the Department of Finance to furnish
services to, or provide work for, any other state agency, as
requested by the state agency, the Governor, or the Legislature, or
as otherwise needed or directed, which agreement would not require
approval by the Director of General Services. The bill would require
the department to charge the state agency an amount sufficient to
recover the costs of furnishing services to, or the work performed
for, the state agency, and would require the Controller to transfer
to the department the amount of the charge for services rendered or
the work performed from the state agency's support appropriation to
the appropriation for the support of the department, as specified.
(9) Existing law governing the acquisition of information
technology goods and services requires all contracts for the
acquisition of information technology goods and services, whether by
lease or purchase, to be made under the supervision of the Department
of General Services. Existing law requires procedures developed by
the Department of General Services to provide for, among other
things, the expeditious and value-effective acquisition of
information technology goods and services to satisfy state
requirements and the acquisition of information technology goods and
services within a competitive framework. Existing law requires the
Department of General Services to maintain, in the State
Administrative Manual, policies and procedures governing the
acquisition and disposal of information technology goods and
services. Existing law requires the acquisition of information
technology goods and services to be conducted through competitive
means, except when the Director of General Services makes specified
determinations. Under existing law, the Regents of the University of
California, the Trustees of the California State University, and the
Board of Governors of the California Community Colleges are not
subject to those provisions governing the acquisition of information
technology goods and services, except that the board is required to
adopt policies and procedures that further the legislative policies
of those provisions.
This bill would establish the Golden State Financial Marketplace
Program or GS $Mart Program (program). The bill would authorize the
Department of General Services to structure, administer, and maintain
the program, the state's centralized financing program available for
state agencies to finance certain goods and services, as described.
The bill would make state agencies, defined to include every state
office, officer, department, division, bureau, board, and commission
and the California State University and the Regents of the University
of California, eligible to apply to the program in order to enter
into agreements for financing those specified assets, including, but
not limited to, energy efficiency measures, energy savings contracts,
or technology goods or services, without further competitive
bidding. The bill would also authorize state agencies to refinance
any eligible asset through the program for various purposes. The bill
would require the Department of General Services to develop a
financing process for the program that requires, among other things,
confirmation that the term of financing shall be limited to the
average expected economic life of the asset or assets and the
preparation and submission of payment schedules to the Controller for
use by the Controller in transferring funds appropriated in the
annual Budget Act to a state agency participating in the program for
payments due under the financing program. The bill would authorize
the Controller to direct the transfer of funds according to the
schedule or schedules submitted by the Department of General Services
pursuant to the program. This bill would require the Department of
General Services to annually provide a report to the Joint
Legislative Budget Committee, the State Treasurer's Office, and the
Department of Finance to include specified information, including the
total amount of outstanding GS $Mart loans.
(10) Existing law authorizes the State Personnel Board to conduct
an audit of an appointing authority's personnel practices to ensure
compliance with the civil service laws and board regulations,
including selection and examination procedures, appointments,
promotions, the management of probationary periods, personal services
contracts, discipline and adverse actions, or any other area related
to the operation of merit principle in state civil service. Existing
law requires the board to recover the cost of any audit or
investigation from the audited department.
This bill would delete that cost recovery provision, and, instead,
require the board to determine costs associated with the board's
audit and special investigative authority and recover costs by
billing appointing authorities in accordance with prescribed
procedures. This bill would require the Controller to transfer to the
board any moneys owed to the board by any appointing authority under
these provisions. The bill would require the board to report
annually on its audit and special investigation activities pursuant
to the bill from the preceding fiscal year to the Chairperson of the
Joint Legislative Budget Committee.
(11) Existing law authorizes the board to hold hearings and make
investigations concerning all matters relating to the enforcement and
effect of the State Civil Service Act, as specified, and to
determine and recover the attendant costs.
This bill would require the Controller to transfer to the board
any moneys owed to the board by any state agency or department for
charges determined by the board.
(12) Existing law establishes the Department of Human Resources in
state government to operate the state civil service system in
accordance with Article VII of the California Constitution, the
Government Code, the merit principle, and applicable rules duly
adopted by the State Personnel Board. Existing law requires that
civil service positions be filled by appointment, except as provided.
This bill would require the Department of Human Resources to
submit reports to the Joint Legislative Budget Committee and certain
fiscal committees of the Legislature, by November 30, 2013, and
November 30, 2014, regarding additional appointments held by state
employees, as specified. The bill would also require, by November 30,
2013, the State Personnel Board to submit a report to the Joint
Legislative Budget Committee and certain fiscal committees of the
Legislature regarding the policies and practices included in the
Personnel Management Policy and Procedures Manual, as specified.
(13) Existing law provides for the California Earthquake Authority
(CEA) governed by a 3-member governing board consisting of the
Governor, the Treasurer, and the Insurance Commissioner. The Speaker
of the Assembly and the Chairperson of the Senate Committee on Rules
serve as nonvoting, ex officio members of the board. The CEA is
vested with certain powers and duties, including, but not limited to,
the authorization to employ a maximum of 25 people subject to civil
service provisions.
This bill would remove the limit on the number of people, subject
to civil service provisions, that the CEA can employ.
(14) Existing law provides for the establishment and operation of
cities, counties, cities and counties, districts, and other local
government agencies, the composition of their governing bodies, and
the compensation of the members of those governing bodies.
Existing law, for certain of those local agencies, requires that
the members be compensated for their services, be reimbursed for
their expenses, or both.
This bill would recast those provisions to, instead, authorize the
members of local agency governing boards to receive compensation or
reimbursement. The bill would declare that, notwithstanding any other
law, any statute that requires that a governing board member of a
local agency receive compensation, or be reimbursed for expenses, for
services as a board member, shall, instead be construed to confer
upon the local agency the discretion to authorize, by ordinance or
resolution, compensation or reimbursement as otherwise set forth in
the statute.
(15) Existing law establishes a return-to-work program,
administered by the Department of Industrial Relations, to make
supplemental payments to workers whose permanent disability benefits
are disproportionately low in comparison to their earnings loss.
Existing law appropriates $120,000,000 per year to fund this program.
This bill would specify that the moneys remain available for use
by the program without respect to fiscal year and that the program
applies only to injuries that occur on or after January 1, 2013.
(16) Existing law creates the Occupational Safety and Health Fund
(OSHF) as a special account in the State Treasury, and authorizes the
expenditure of moneys in the account by the Department of Industrial
Relations, upon appropriation by the Legislature, for support of the
Division of Occupational Safety and Health, the Occupational Safety
and Health Standards Board, and the Occupational Safety and Health
Appeals Board, and the activities these entities perform as set forth
in existing law. Existing law creates the Labor Enforcement and
Compliance Fund (LECF) as a special account in the State Treasury and
authorizes the expenditure of moneys in the account by the
department, upon appropriation by the Legislature, for the support of
specified activities that the Division of Labor Standards
Enforcement performs. Existing law requires the Director of
Industrial Relations to impose separate surcharges on employers for
purposes of deposit in the OSHF and LECF and establishes $52,000,000
and $37,000,000 revenue caps for those surcharges, respectively, to
be adjusted as prescribed. The provisions for the LECF, and the OSHF
revenue cap, become inoperative on July 1, 2013.
This bill would increase those revenue caps to $57,000,000 for the
OSHF, to be adjusted as prescribed, and $46,000,000 for the LECF, to
be adjusted as prescribed. The bill would delete that July 1, 2013,
inoperative provision, thereby making the provisions for the LECF,
and the OSHF revenue cap, operative indefinitely.
Existing law establishes the Cal-OSHA Targeted Inspection and
Consultation Fund (TICF) as a special account in the State Treasury,
and authorizes the expenditure of moneys in the account by the
department, upon appropriation by the Legislature, for the costs of a
Cal-OSHA targeted inspection program and a Cal-OSHA targeted
consultation program. Existing law requires the director to levy and
collect assessments as prescribed to produce revenue sufficient to
fund those programs.
This bill would make the TICF inoperative on June 30, 2014, and
repeal that fund as of January 1, 2015. The bill would require any
moneys in the TICF on the effective date of the bill, less
$5,000,000, to be deposited in the OSHF, and, effective June 30,
2014, the remaining balance in that fund, to be transferred to, and
become part of, the OSHF. The bill would require, for the 2013-14
fiscal year only, the OSHF revenue cap to be reduced by an amount
equivalent to the balance transferred from the TICF, less any amount
of that balance loaned to the State Public Works Enforcement Fund.
Existing law creates the State Public Works Enforcement Fund as a
special fund in the State Treasury, and requires all moneys in the
fund to be continuously appropriated to the Department of Industrial
Relations, to monitor and enforce compliance with the applicable
prevailing wage requirements on public works projects paid for in
whole or part out of public funds that are derived from bonds issued
by the state, and on other projects for which the department provides
prevailing wage monitoring and enforcement activities and for which
it is to be reimbursed by the awarding body, as provided.
This bill would appropriate for transfer by the State Controller
upon order by the Department of Finance from the TICF a loan to the
State Public Works Enforcement Fund. Because the State Public Works
Enforcement Fund is a continuously appropriated fund, this transfer
would make an appropriation. This bill would require the loan to be
repaid to the OSHF by June 15, 2015, with interest, as calculated.
(17) Under existing law, a person without a valid state contractor'
s license who employs a worker to perform services for which such a
license is required is subject to a specified civil penalty. Civil
penalties collected pursuant to these provisions are required to be
deposited in the Industrial Relations Construction Industry
Enforcement Fund to be used, upon appropriation by the Legislature,
for the purpose of enforcing these provisions relating to prohibited
employment by unlicensed contractors.
This bill would, as of July 1, 2013, eliminate the Industrial
Relations Construction Industry Enforcement Fund, and direct the
civil penalties to be deposited in the Labor Enforcement and
Compliance Fund, a special fund used for, among others, the purpose
of enforcing the provisions relating to prohibited employment by
unlicensed contractors. The bill would also provide for the transfer
of the remaining balance, assets, liabilities, revenue, and
expenditures of the Industrial Relations Construction Industry
Enforcement Fund to the Labor Enforcement and Compliance Fund.
(18) Existing law requires the Occupational Safety and Health
Standards Board to, no later than July 1, 1992, adopt specified
process safety management standards for prescribed petroleum
refineries, chemical plants, and other manufacturing facilities. The
law requires certain employers to establish and implement an
emergency action plan unless a prescribed business plan for emergency
response meets the standards established by the board.
Existing law, notwithstanding the availability of federal funds,
authorizes the Division of Occupational Safety and Health to fix and
collect reasonable fees for consultation, inspection, adoption of
standards, and other duties conducted pursuant to these provisions
and, upon appropriation by the Legislature, authorizes expenditure of
those fees for these purposes.
This bill would, instead, require the board to adopt these
regulations and fees by March 31, 2014. The bill would require that
the annual fees be sufficient to support, at a minimum, 15 positions.
This bill would require that the fees be deposited into the
Occupational Safety and Health Fund.
(19) Existing law, the Displaced Janitor Opportunity Act, requires
contractors and subcontractors, as defined, that are awarded
contracts or subcontracts to provide janitorial or building
maintenance services at a particular job site or sites, to retain,
for a period of 60 days, certain employees who were employed at that
site by the previous contractor or subcontractor. The act also
requires that employees retained for that 60-day period be offered
continued employment if their performance during that 60-day period
is satisfactory. The act authorizes an employee who was not offered
employment or who has been discharged in violation of these
provisions by a successor contractor or successor subcontractor, or
an agent of the employee, to bring an action against a successor
contractor or successor subcontractor in any superior court of the
state having jurisdiction over the successor contractor or successor
subcontractor, as specified.
This bill would, until December 31, 2014, apply the provisions of
the Displaced Janitor Opportunity Act to every contractor, as
defined, that provides food and beverage services at a publicly owned
entertainment venue, as defined.
(20) Existing law defines the term "public works" for purposes of
requirements regarding the payment of prevailing wages, the
regulation of working hours, and the securing of workers'
compensation for public works projects.
Existing law authorizes the awarding body for a public works
project to not require the payment of the general prevailing rate of
per diem wages on public works projects of specified sizes and types
of work, if, among other things, the awarding body elects to
reimburse the Department of Industrial Relations for the cost of
monitoring and enforcing compliance with prevailing wage requirements
for every public works project of the awarding body. Under existing
law, the department is required to determine the rate of
reimbursement the department will charge an awarding body for the
costs of those monitoring and enforcement services, which may not
exceed 1/4 of 1% of the total public works project costs.
This bill would delete that limitation on the amount the
department may charge an awarding body as reimbursement for
those costs.
Under existing law, the Department of Industrial Relations is
required to monitor and enforce compliance with applicable prevailing
wage requirements for any public works project paid for in whole or
in part out of public funds that are derived from bonds issued by the
state. The department is required to charge the awarding body for
the reasonable and directly related costs of monitoring and enforcing
compliance with the prevailing wage requirements on each project.
Under existing law, the department, with approval of the Director of
Finance, is required to determine the rate of reimbursement the
department will charge an awarding body for the costs of those
monitoring and enforcement services, which may not exceed 1/4 of 1%
of the state bond proceeds used for the public works project.
This bill would delete that limitation on the amount the
department may charge an awarding body as reimbursement for those
costs, and instead limit the amount of bond funds utilized by an
awarding body to pay the department's fee to 1/4 of 1% of the state
bond proceeds used for the public works project. This bill would
require the remaining costs of monitoring and enforcing compliance to
be paid from other funds authorized to be used to finance the
project.
This bill would require the department to annually provide
specified information to assist an awarding body to reasonably
estimate the annual cost of monitoring and enforcing compliance.
Money that is collected by the department for the cost of
monitoring and enforcing compliance for those public works projects
is deposited into the State Public Works Enforcement Fund, a
continuously appropriated fund.
By increasing the amount of fees that would be deposited into the
fund, this bill would make an appropriation.
(21) Existing law requires that a county that provides emergency
services to provide deaf teletype equipment at a central location
within the county to relay requests for the emergency services.
This bill would state that a county is encouraged to provide deaf
teletype equipment in order to comply with the Americans with
Disabilities Act and other applicable federal provisions.
(22) Existing law requires a court to require a probation officer
to prepare a written probation report when a person is convicted of a
felony and is eligible for probation. Existing law requires the
probation officer to include a recommendation in the report of the
amount the defendant may be required to pay as a restitution fine and
whether the court shall require restitution to the victim or the
Restitution Fund as a condition of probation.
This bill would instead provide that a probation officer may
include these provisions in his or her probation report.
(23) Existing law requires every law enforcement agency that
employs peace officers that are required to meet the training
standards prescribed by the Emergency Medical Services Authority for
the administration of first aid and cardiopulmonary resuscitation to
provide each of these peace officers an appropriate portable manual
mask and airway assembly for use when applying cardiopulmonary
resuscitation.
This bill would instead provide that a law enforcement agency may
provide these masks and airway assemblies to the above-specified
peace officers.
(24) Existing law requires every law enforcement agency in the
state to adopt written policies and standards for officers' responses
to domestic violence calls, and requires the policies to contain
specified provisions, as provided. Existing law requires the policies
to be available to the public upon request.
This bill would instead provide that these law enforcement
agencies may adopt written policies as a best practice, and would
provide that the policies may contain the specified provisions.
(25) Existing law requires law enforcement agencies to maintain a
complete and systematic record of all protection orders with respect
to domestic violence incidents, and requires that these be used to
inform law enforcement officers responding to domestic violence calls
of the existence, terms, and effective dates of protection orders in
effect.
This bill would instead provide that law enforcement agencies may
maintain these records as a best practice, and that they may be used
to inform law enforcement officers responding to domestic violence
calls of the existence, terms, and effective dates of protection
orders in effect.
(26) Existing law requires each law enforcement agency to develop
a system for recording all domestic violence-related calls for
assistance made to the department, and requires these calls to be
supported with a written incident report. Existing law requires that
the total number of domestic violence calls be compiled by each law
enforcement agency monthly and submitted to the Attorney General.
Existing law requires each law enforcement agency to develop an
incident report form, as specified.
This bill would instead provide that each law enforcement agency
may develop the above system, and that the calls may be supported
with a written incident report. The bill would provide that the total
number of domestic calls may be compiled, and that each law
enforcement agency may develop an incident report form.
(27) Existing law requires that a victim has the right to present
a victim impact statement in all juvenile court hearings alleging the
commission of any criminal offense. If the victim exercises the
right to submit a victim impact statement to a probation officer,
existing law requires the probation officer to include the statement
in his or her social study.
This bill would instead provide that the probation officer is
encouraged to include the statement in his or her social study.
(28) Existing law provides for Department of General Services
approval of state agency contracts for services. However, contracts
under $75,000 are exempt if a state agency complies with certain
requirements.
This bill would increase the exemption amount to apply to those
contracts under $150,000.
(29) Existing law authorizes the Department of General Services to
maintain, develop, and prescribe procedures and policies for the
procurement of information technology for the state, and requires the
department to maintain in the State Administrative Manual policies
and procedures governing the acquisition and disposal of information
technology goods and services. Existing law also authorizes the
Department of Technology to, among other duties related to technology
services for the state, oversee information technology projects.
This bill would, as of July 1, 2013, realign and modify the duties
relating to the procurement of information technology goods and
services and information projects between the Department of General
Services and the Department of Technology, and exempt the Department
of Technology from the Administrative Procedure Act when promulgating
rules relating to these duties.
(30) Existing law authorizes the Department of Motor Vehicles, in
conjunction with the California Highway Patrol, to design and make
available for issuance the California memorial license plate.
Existing law requires the revenue from specified fees imposed in
connection with the issuance, renewal, transfer, and substitution of
California memorial license plates to be deposited in the
Antiterrorism Fund within the General Fund, and provides that one
half of the money, upon appropriation by the Legislature, be
allocated solely for antiterrorism activities, as provided. Existing
law provides that the administering agency shall not use more than 5%
of the money appropriated to it from the fund for administrative
purposes.
This bill would revise those provisions to prohibit the
administering agency, the Office of Emergency Services, from using
more than 5% of the money appropriated from the fund for local
antiterrorism efforts for administrative purposes. The bill would
make additional technical conforming changes.
(31) The Governor's Reorganization Plan No. 2 of 2012 (GRP No. 2),
operative July 1, 2013, generally requires the Office of Emergency
Services, rather than the California Emergency Management Agency, to
develop and implement the state's preparedness for emergencies and
the Department of Technology, rather than the California Technology
Agency or the State Chief Information Officer, to perform specified
duties relating to communications technology.
This bill would, on July 1, 2013, enact statutory changes related
to the responsibilities of the Office of Emergency Services under GRP
No. 2 to perform specified duties related to emergency and public
safety communications, and, in this regard, transfer certain duties
from the California Emergency Management Agency, the Department of
Technology, and the State Chief Information Officer to the Office of
Emergency Services. This bill would also enact the Public Safety
Communications Act of 2013, and establish the Public Safety
Communications Division within the Office of Emergency Services to be
under the supervision of a chief.
(32) Existing law creates the Strategic Growth Council, consisting
of specified state officers and a public member appointed by the
Governor, with specified duties relating to coordination of actions
of state agencies relative to improvement of air and water quality,
natural resource protection, transportation, and various other
matters.
Existing law and the Governor's Reorganization Plan No. 2 of 2012,
effective July 3, 2012, and operative July 1, 2013, assigns and
reorganizes the various functions of state government among executive
officers and agencies by, among other things, creating the Business,
Consumer Services, and Housing Agency headed by a secretary.
This bill would add the Secretary of Business, Consumer Services,
and Housing to the council.
(33) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 94874.8 is added to the
Education Code , to read:
94874.8. (a) An institution exempt from all or part of this
chapter pursuant to subdivision (i) or (j) of Section 94874 or
Section 94874.1 may apply to the bureau for an approval to operate
pursuant to this section, but only subject to all of the following
provisions:
(1) The bureau may approve the operation of an institution that is
exempt from all or part of this chapter as specified above in
accordance with the authority granted pursuant to Article 6
(commencing with Section 94885). Upon issuing an approval to operate
to an institution pursuant to this section, the bureau is authorized
to regulate that institution through the full set of powers granted,
and duties imposed, by this chapter, as those powers and duties would
apply to an institution that is not exempt from this chapter.
(2) Notwithstanding any other law, upon issuance of an approval to
operate pursuant to this section, the institution is no longer
eligible for exemption, from the provisions of this chapter pursuant
to subdivision (i) or (j) of Section 94874 or Section 94874.1, unless
authorized by subsequent legislation.
(3) Upon issuance of an approval to operate pursuant to this
section, an institution is subject to all provisions of this chapter,
and any regulations adopted pursuant to this chapter, that apply to
an institution subject to this chapter, except as expressly provided
in paragraph (4).
(4) (A) With respect to the placement and salary or wage data
required to be collected, calculated, and reported by Article 16
(commencing with Section 94928), an institution issued an approval to
operate pursuant to this section is not required to report on its
first School Performance Fact Sheet any data from the period prior to
the date of the issuance of the approval to operate that the
institution was not required to collect and does not have available
to it. An institution shall, however, report available data collected
and calculated in accordance with this chapter and applicable
regulations, regardless of the purpose for which the data was
collected. If the required data is unavailable, the institution shall
also disclose the unavailability of the data on all documents
required by this chapter and regulations adopted pursuant to this
chapter. Upon receiving an approval to operate pursuant to this
section, an institution shall commence to collect and calculate all
information necessary to comply with Article 16 (commencing with
Section 94928).
(B) An institution receiving an approval to operate pursuant to
this section shall provide to prospective students the School
Performance Fact Sheet, file that fact sheet with the bureau, and
post it on the institution's Internet Web site no later than the
first August 1 after the institution is approved to operate and no
later than August 1 of each year thereafter. These School Performance
Fact Sheets shall report data for the previous two calendar years
based upon the number of students who began the program or the number
of graduates for each reported calendar year. If two calendar years
have not passed since the issuance of the approval to operate by the
August 1 deadline for the School Performance Fact Sheet, unless data
for two years is available, the institution shall report the required
data for the period subsequent to the date of the issuance of the
notice of approval.
(b) An institution exempt from all or part of this chapter
pursuant to subdivision (i) or (j) of Section 94874 or Section
94874.1 that was approved to operate by the bureau before the
effective date of this section shall be deemed to have been approved
pursuant to this section.
SEC. 2. Section 100010 of the Education
Code is amended to read:
100010. An amount of up to two Two
billion twenty-five twelve million
thirty -five thousand dollars
($2,025,000,000) ($2,012,035,000) of the
proceeds of bonds issued and sold pursuant to this chapter shall be
deposited in the State School Building Lease-Purchase Fund.
SEC. 3. Section 100115 of the Education
Code is amended to read:
100115. An amount of up to nine Nine
hundred seventy-five million dollars ($975,000,000) of the
proceeds of bonds issued and sold pursuant to this chapter shall be
deposited in the 1996 Higher Education Capital Outlay Bond Fund,
which is hereby created.
SEC. 4. Section 6252.8 is added to the
Government Code , to read:
6252.8. (a) Commencing on the effective date of the act adding
this section, notwithstanding any other law, any mandates set forth
in the following provisions shall not apply to a local agency.
Compliance with these provisions shall be at the discretion of the
local agency. For local agencies, these provisions represent best
practices which they are encouraged, but are not required, to follow:
(1) The requirement in subdivision (c) of Section 6253 that:
(A) Within 10 days from receipt of a request for a copy of
records, provide to the person making the request verbal or written
notice of the disclosure determination and the reasons for the
determination. This activity includes, where applicable:
(i) Drafting, editing, and reviewing a written notice to the
person making the request, setting forth the reasons for the
determination.
(ii) Obtaining agency head, or his or her designee, approval and
signature of a written notice of determination.
(iii) Sending or transmitting the notice to the requestor.
(B) If the 10-day time limit to notify the person making the
records request of the disclosure determination is extended due to
"unusual circumstances," as defined by paragraphs (1)through (4),
inclusive, of subdivision (c) of Section 6253 of the Government Code,
the agency head, or his or her designee, shall provide written
notice to the person making the request, setting forth the reasons of
the extension and the date on which a determination is expected to
be dispatched. This activity includes, where applicable:
(i) Drafting, editing, and reviewing a written notice to the
person making the request, setting forth the reasons for the
extension of time.
(ii) Obtaining agency head, or his or her designee, approval and
signature of the notice of determination or notice of extension.
(iii) Sending or transmitting the notice to the requestor.
(2) Section 6253.1.
(3) Section 6253.9. As on this requirement, the local agency may
determine the format of electronic data to be provided in response to
a request for information.
(4) Section 6254.3.
(5) Subdivision (b) of Section 6255.
(b) Beginning on January 1, 2014, a local agency that determines
that it will not follow these best practices, shall so announce
orally at its next regularly scheduled public meeting and annually
thereafter at a regularly scheduled public meeting.
SEC. 5. Section 8169.6 of the
Government Code is repealed.
8169.6. (a) (1) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of
approximately 1,400,000 gross square feet of office space on
state-owned land in the Capitol area in downtown Sacramento on Block
204 (bounded by 7th, 8th, O, and P Streets) or Block 203 (bounded by
7th, 8th, N, and O Streets), or both of those blocks. The project
shall include associated parking onsite and in a parking garage to be
constructed on Block 266 (bounded by 8th, 9th, Q, and R Streets).
The project cost shall include the cost of rehabilitation of the
Heilbron House currently located on Block 204, and the project cost
may include the cost of relocation of the Heilbron House.
(2) The project may include residential development and additional
commercial space, subject to all of the following conditions:
(A) The inclusion of the residential development and additional
commercial space shall not reduce the scope of the approximately
1,400,000 gross square feet of office space described in paragraph
(1).
(B) The inclusion of the residential development and additional
commercial space shall not expand the state's cost beyond that
authorized in paragraph (3) of subdivision (b).
(C) Any cost associated with the residential space shall not be
funded by any lease-revenue bonds authorized for the project.
(D) Notwithstanding subdivision (b) of Section 8169, the
department may sell, lease, or otherwise transfer a portion of the
parcel not used to develop the approximately 1,400,000 gross square
feet of office space described in paragraph (1) to the Capitol Area
Development Authority created by the joint powers agreement executed
pursuant to Section 8169.4, a private developer, or both, for the
residential or additional commercial development.
(E) The residential and additional commercial development may be
funded and constructed by the Capitol Area Development Authority, a
private developer, or both.
(F) In order to address security concerns, no part of the
residential development may be included in the same structure as the
approximately 1,400,000 gross square feet of office space described
in paragraph (1). This restriction applies to residential living
quarters, residential parking, and any utilities necessary for the
residential development.
(b) (1) The department may contract for the lease, lease-purchase,
lease with an option to purchase, acquisition, design, design-build,
construction, deconstruction, construction management, and other
services related to the design and construction of the office and
parking facilities. If the director selects design-build as the
method of delivery, the department shall use the method of
design-build authorized by clause (i) of subparagraph (A) of
paragraph (3) of subdivision (d) of Section 14661. The State Public
Works Board may issue revenue bonds, negotiable notes, or negotiable
bond anticipation notes pursuant to the State Building Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3)
to finance all costs associated with the acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the Department of General
Services shall commit a sufficient amount of its support budget to
repay any outstanding loans. It is the intent of the Legislature that
this commitment shall be included in future Budget Acts until all
outstanding loans are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of land, planning, preliminary plans, working drawings or
concept drawings, performance criteria, construction, deconstruction,
furnishings, equipment, construction management and supervision,
other costs relating to the design and construction of the
facilities, exercising any purchase option, and any additional sums
necessary to pay interim and permanent financing costs. The
additional amount may include interest and the establishment of a
reasonable construction reserve fund to ensure that the funds are
available in the event future augmentations are needed to complete
the facilities authorized by this section. If the construction
reserve funds are not needed to complete construction, they shall be
used to repay the future debt payments.
(3) Authorized costs of the facilities for planning, concept
drawings or preliminary plans, working drawings, demolition,
construction, and other costs shall not exceed three hundred
ninety-one million dollars ($391,000,000). Notwithstanding Section
13332.11, the State Public Works Board may authorize the augmentation
of the amount authorized under this paragraph by up to 10 percent of
the amount authorized.
(4) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable consolidated office space over the same time period.
The department shall perform this analysis and shall obtain interest
rates, discount rates, and Consumer Price Index figures from the
Treasurer. For purposes of this analysis, the department shall
compare the cost of acquiring and operating the proposed facilities
with the amount saved from not having to pay the cost of leasing and
operating an equivalent amount of comparable consolidated office
space that would no longer need to be leased.
(5) The department is authorized and directed to execute and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the project described in this section.
(6) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800) of
Division 3). This paragraph does not exempt the department from the
requirements of the California Environmental Quality Act. This
paragraph is declarative of existing law.
SEC. 6. Section 8250.1 is added to the
Government Code , to read:
8250.1. The Women and Girls Fund is hereby created as a fund in
the State Treasury to carry out this chapter in support of the
commission upon appropriation by the Legislature in the annual Budget
Act. Subject to the approval of the Department of Finance, all
moneys collected or received by the commission from gifts, bequests,
or donations shall be deposited in the State Treasury to the credit
of the Women and Girls Fund, in accordance with the terms of the gift
or donation from which the moneys are derived and in accordance with
Sections 8647, 11005, 11005.1, and 16302 of the Government Code.
Upon the approval and the establishment of the Women and Girls Fund,
any funds deposited and remaining in the Commission on the Status of
Women and Girls Fund special deposit fund for the purposes of
supporting the activities of the Commission on the Status of Women
and Girls shall be transferred to the Women and Girls Fund.
SEC. 7. Section 8592.1 of the
Government Code is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and that
consists of representatives of the following state entities:
(1) The California Emergency Management Agency,
Office of Emergency Services, who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game
Wildlife .
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The California Technology Agency.
Department of Technology.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 8. Section 8592.5 of the
Government Code is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Association of Public-Safety Communications Officials,
Inc., National Association of State Telecommunications Directors,
and agencies of the federal government, commonly referred to as
"APCO/NASTD/FED."
(2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either of the
following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the California Technology
Agency. Office of Emergency Services.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.
SEC. 9. Section 8592.7 of the Government
Code is amended to read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual
report required pursuant to Section 8592.6 .
(c) The California Technology Agency
Office of Emergency Services shall review the plans submitted
pursuant to subdivision (a) for consistency with the technical
requirements of the statewide integrated public safety communication
strategic plan included in the annual report required
pursuant to Section 8592.6 .
SEC. 10. Section 8690.6 of the
Government Code is amended to read:
8690.6. (a) The Disaster Response-Emergency Operations Account is
hereby established in the Special Fund for Economic Uncertainties.
Notwithstanding Section 13340, moneys in the account are continuously
appropriated, subject to the limitations specified in subdivisions
(c) and (d), without regard to fiscal years, for allocation by the
Director of Finance to state agencies for disaster response operation
costs incurred by state agencies as a result of a proclamation by
the Governor of a state of emergency, as defined in subdivision (b)
of Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
(b) It is the intent of the Legislature that the Disaster
Response-Emergency Operations Account have an unencumbered balance of
one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
(c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
(d) Notwithstanding any other law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if failure to undertake the project may interrupt essential
state services or jeopardize public health or safety. In addition,
any acquisition accomplished under this subdivision shall comply with
any otherwise applicable law, except as provided in the first
sentence of this subdivision.
(e) No funds Funds allocated under
this section shall not be used to supplant federal funds
otherwise available in the absence of state financial relief.
(f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted
against the state, its agents, or employees, for causing or
contributing to the effects of the proclaimed disaster.
(g) No Any public entity
administering disaster assistance to individuals shall not
receive funds under this section unless it administers that
assistance pursuant to the following criteria:
(1) All applications, forms, and other written materials presented
to persons seeking assistance shall be available in English and in
the same language as that used by the major non-English-speaking
group within the disaster area.
(2) Bilingual staff who reflect the demographics of the disaster
area shall be available to applicants.
(h) Notwithstanding any other provision of law,
no funds in the Disaster Response-Emergency
Operations Account shall not be expended for conditions in
the state's prisons, medical facilities, or youth correctional
facilities resulting solely from the action or inaction of the
Department of Corrections and Rehabilitation in administering those
facilities.
(i) This section shall remain in effect only
until January 1, 2014 2019 , and as of
that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2014 2019 ,
deletes or extends that date.
SEC. 11. Section 11542 of the
Government Code is amended to read:
11542. (a) (1) The Stephen
P. Teale Data Center and the California Health and Human Services
Agency Data Center are consolidated within, and their functions are
transferred to, the Office of Technology Services.
(2)
(b) Except as expressly provided otherwise in this
chapter, the Office of Technology Services is the successor to, and
is vested with, all of the duties, powers, purposes,
responsibilities, and jurisdiction of the Stephen P. Teale Data
Center, and the California Health and Human Services Agency Data
Center. Any reference in statutes, regulations, or contracts to those
entities with respect to the transferred functions shall be
construed to refer to the Office of Technology Services unless the
context clearly requires otherwise.
(3) No
(c) A lease, license, or any
other agreement to which either the Stephen P. Teale Data Center or
the California Health and Human Services Agency Data Center is a
party shall not be void or voidable by reason of this
chapter, but shall continue in full force and effect, with the Office
of Technology Services assuming all of the rights, obligations, and
duties of the Stephen P. Teale Data Center or the California Health
and Human Services Agency Data Center, respectively.
(4)
(d) Notwithstanding subdivision (e) of Section 11793
and subdivision (e) of Section 11797, on and after the effective date
of this chapter, the balance of any funds available for expenditure
by the Stephen P. Teale Data Center and the California Health and
Human Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Office of Technology Services.
(5) All references in statutes, regulations, or contracts
(e) Any reference in statute
regulation, or contract to the former Stephen P. Teale Data
Center Fund or the California Health and Human Services Data Center
Revolving Fund shall be construed to refer to the Technology Services
Revolving Fund unless the context clearly requires otherwise.
(6)
(f) All books, documents, records, and property of the
Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, excluding the Systems Integration
Division, shall be transferred to the Office of Technology Services.
(7) (A)
(g) (1) All officers
and employees of the former Stephen P. Teale Data Center and the
California Health and Human Services Agency Data Center, are
transferred to the Office of Technology Services.
(B)
(2) The status, position, and rights of any officer or
employee of the Stephen P. Teale Data Center and the California
Health and Human Services Agency Data Center, shall not be affected
by the transfer and consolidation of the functions of that officer or
employee to the Office of Technology Services.
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to the
California Technology Agency.
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" appears in any statute, regulation, or contract, it shall
be deemed to refer to the California Technology Agency.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the California Technology Agency, are transferred to
the California Technology Agency. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the California Technology Agency.
(4) The property of any office, agency, or department related to
functions transferred to the California Technology Agency, are
transferred to the California Technology Agency. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the California Technology
Agency shall be transferred to the California Technology Agency for
the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 12. Section 11543 is added to the
Government Code , to read:
11543. If the Legislature directs or authorizes the Department of
Technology to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties
under this chapter, Chapter 5.6 (commencing with Section 11545), Part
6.5 (commencing with Section 15250), Section 6611 of the Public
Contract Code, or Chapter 3 (commencing with Section 12100) or
Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2
of the Public Contract Code, the action by the department shall be
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1). This
section shall apply to actions taken by the department with respect
to the State Administrative Manual and the State Contracting Manual.
SEC. 13. Section 13295.5 is added to the
Government Code , to read:
13295.5. (a) Notwithstanding Section 11256, or any other law, the
department may furnish services to, or provide work for, any other
state agency, as requested by the state agency, the Governor, or the
Legislature, or as otherwise needed or directed.
(b) Prior to the commencement of any service or work, the
department shall provide to the relevant state agency estimates of
charges and the scope of work to be performed or services to be
furnished.
(c) The department shall charge an amount sufficient to recover
the costs of furnishing services or the work performed. The
department shall certify to both the Controller and the relevant
state agency the actual charges that are due and payable for services
furnished or the work performed.
(d) Pursuant to Section 11255, the Controller shall transfer to
the department the amount of the charges for services rendered or the
work performed from the agencies' appropriation to the appropriation
for the support of the department. The amounts are to be transferred
to the Department of Finance reimbursement account within the
General Fund.
SEC. 14. Section 13963.1 is added to the
Government Code , to read:
13963.1. (a) The Legislature finds and declares all of the
following:
(1) Without treatment, approximately 50 percent of people who
survive a traumatic, violent injury experience lasting or extended
psychological or social difficulties. Untreated psychological trauma
often has severe economic consequences, including overuse of costly
medical services, loss of income, failure to return to gainful
employment, loss of medical insurance, and loss of stable housing.
(2) Victims of crime should receive timely and effective mental
health treatment.
(3) The board shall administer a program to evaluate applications
and award grants to trauma recovery centers.
(b) The board shall award a grant only to a trauma recovery center
that meets both of the following criteria:
(1) The trauma recovery center demonstrates that it serves as a
community resource by providing services, including, but not limited
to, making presentations and providing training to law enforcement,
community-based agencies, and other health care providers on the
identification and effects of violent crime.
(2) Any other related criteria required by the board.
(c) Upon appropriation by the Legislature, the board shall award
grants totaling up to two million dollars ($2,000,000) per year. All
grants shall be funded only from the Restitution Fund.
(d) The board may award a grant providing funding for up to a
maximum period of three years. Any portion of a grant that a trauma
recovery center does not use within the specified grant period shall
revert to the Restitution Fund. The board may award consecutive
grants to a trauma recovery center to prevent a lapse in funding. The
board shall not award a trauma recovery center more than one grant
for any period of time.
(e) The board, when considering grant applications, shall give
preference to a trauma recovery center that conducts outreach to, and
serves, both of the following:
(1) Crime victims who typically are unable to access traditional
services, including, but not limited to, victims who are homeless,
chronically mentally ill, of diverse ethnicity, members of immigrant
and refugee groups, disabled, who have severe trauma-related symptoms
or complex psychological issues, or juvenile victims, including
minors who have had contact with the juvenile dependency or justice
system.
(2) Victims of a wide range of crimes, including, but not limited
to, victims of sexual assault, domestic violence, physical assault,
shooting, stabbing, and vehicular assault, and family members of
homicide victims.
(f) The trauma recovery center sites shall be selected by the
board through a well-defined selection process that takes into
account the rate of crime and geographic distribution to serve the
greatest number of victims.
(g) A trauma recovery center that is awarded a grant shall do both
of the following:
(1) Report to the board annually on how grant funds were spent,
how many clients were served (counting an individual client who
receives multiple services only once), units of service, staff
productivity, treatment outcomes, and patient flow throughout both
the clinical and evaluation components of service.
(2) In compliance with federal statutes and rules governing
federal matching funds for victims' services, each center shall
submit any forms and data requested by the board to allow the board
to receive the 60 percent federal matching funds for eligible victim
services and allowable expenses.
(h) For purposes of this section, a trauma recovery center
provides, including, but not limited to, all of the following
resources, treatments, and recovery services to crime victims:
(1) Mental health services.
(2) Assertive community-based outreach and clinical case
management.
(3) Coordination of care among medical and mental health care
providers, law enforcement agencies, and other social services.
(4) Services to family members and loved ones of homicide victims.
(5) A multidisciplinary staff of clinicians that includes
psychiatrists, psychologists, and social workers.
SEC. 15. Section 13964 of the
Government Code is amended to read:
13964. (a) Claims under this chapter shall be paid from the
Restitution Fund.
(b) Notwithstanding Section 13340, except for funds to
support trauma recovery center grants pursuant to Section 13963.1,
the proceeds in the Restitution Fund are hereby continuously
appropriated to the board, without regard to fiscal years, for the
purposes of this chapter. However, the funds appropriated pursuant to
this section for administrative costs of the board shall be subject
to annual review through the State Budget process.
(c) A sum not to exceed 15 percent of the amount appropriated
annually to pay claims pursuant to this chapter may be withdrawn from
the Restitution Fund, to be used as a revolving fund by the board
for the payment of emergency awards pursuant to Section 13961.
SEC. 16. Section 14615.1 of the
Government Code is amended to read:
14615.1. (a) Where the Legislature directs or authorizes the
department to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties under
this chapter, Chapter 2 (commencing with Section 14650), or
Section 6611 of the Public Contract Code, or
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code, the action by the department shall be exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), Chapter 4.5
(commencing with Section 11400), and Chapter 5 (commencing with
Section 11500)). This section shall apply to actions taken by the
department with respect to the State Administrative Manual and the
State Contracting Manual.
(b) To the extent permitted by the United States and California
Constitutions, subdivision (a) also applies to actions taken by the
department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.
SEC. 17. Chapter 9 (commencing with Section 14930)
is added to Part 5.5 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 9. GOLDEN STATE FINANCIAL MARKETPLACE PROGRAM (GS
$MART PROGRAM)
14930. This chapter shall be known and may be cited as the Golden
State Financial Marketplace Program or GS $Mart Program.
14932. The department is authorized to structure, administer, and
maintain the GS $Mart Program, the state's centralized financing
program available for state agencies to finance certain goods and
services as set forth in this chapter.
14934. (a) Notwithstanding any other law, state agencies that are
statutorily authorized to acquire assets listed in subdivision (b)
are hereby eligible to apply to the GS $Mart Program to enter into
agreements for financing those assets without further competitive
bidding.
(b) (1) Assets eligible for financing pursuant to the GS $Mart
Program include all of the following:
(A) Energy efficiency measures as described in Section 4217.11 or
energy savings contracts as described in Section 388 of the Public
Utilities Code.
(B) Goods as defined in Section 10290 of the Public Contract Code.
(C) Services as described in Section 10335 of the Public Contract
Code.
(D) Technology goods or services as described in Section 11532 or
information technology as defined in paragraph (2) that are capital
assets eligible for tax exempt financing consistent with the Internal
Revenue Code as confirmed by an opinion of bond counsel, as
described in paragraph (3) of subdivision (a) of Section 14936.
(2) Information technology includes, but is not limited to, all
electronic technology systems and services, automated information
handling, system design and analysis, conversion of data, computer
programming, information storage and retrieval, telecommunications,
including voice, video, and data communications, requisite system
controls, simulation, electronic commerce, and all related
interactions between people and machines.
(c) State agencies may refinance any eligible asset through the GS
$Mart Program for the purpose of lowering financing costs or
consolidating payments, or when refinancing will achieve an overall
benefit and cost savings to the state.
(d) The department shall annually provide a report by September 1
of each year to the Joint Legislative Budget Committee, the State
Treasurer's Office, and the Department of Finance that shall include,
but not be limited to, the following information for each loan
entered into during the preceding fiscal year:
(1) Each agency that entered into a GS Mart loan.
(2) The amount financed by each loan.
(3) The term of each loan.
(4) A description of the item, good, or service financed by each
loan.
(5) The total amount of outstanding GS $Mart loans.
14936. (a) The department shall develop a financing process that
requires, but shall not be limited to, all of the following:
(1) Confirmation that the term of financing shall be limited to
the average expected economic life of the asset or assets.
(2) Certification that the asset or assets to be financed are
eligible under Section 14934.
(3) A submission of an opinion of counsel from an independent law
firm of recognized standing in the field of law relating to the
exemption from federal income taxation on state or local bonds
confirming that the assets subject to the financing qualify for tax
exempt financing consistent with the Internal Revenue Code.
(4) The preparation and submission of payment schedules to the
Controller for use by the Controller in transferring funds
appropriated in the annual Budget Act to the state agency for
payments due under the financing program.
(5) Prior approval by the Department of Finance and prior approval
of the terms and conditions of the financing by the Treasurer for
each financing over $10,000,000.
(b) The Controller may direct the transfer of funds according to
the schedule or schedules submitted by the department pursuant to the
GS $Mart Program.
(c) The department, in consultation with the Department of
Finance, shall be responsible for the continued development and
administration of, at a minimum, financing applications,
instructions, and application approval pursuant to the GS $Mart
Program.
14938. As used in this chapter, "state agency" or "state agencies"
means every state office, officer, department, division, bureau,
board, and commission and the California State University and the
Regents of the University of California.
SEC. 18. Section 15251 of the
Government Code is amended to read:
15251. Unless the context requires otherwise, as used in this
part, the following terms shall have the following meanings:
(a) "Agency" means the California Technology Agency.
(b)
(a) "Division" means the Public Safety Communications
Division established by this part.
(b) "Office" means the Office of Emergency Services.
SEC. 19. Section 15253 of t he
Government Code is amended to read:
15253. This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall not
be construed as conferring upon the agency
office control of programs or broadcasts intended for the
general public.
SEC. 20. Section 15254 of the
Government Code is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
agency office shall not be used for political,
sectarian, or propaganda purposes. The facilities shall not be used
for the purpose of broadcasts intended for the general public, except
for fire, flood, frost, storm, catastrophe, and other warnings and
information for the protection of the public safety as the
agency office may prescribe.
SE C. 21. Section 15275 of the
Government Code is amended to read:
15275. The agency office may do all
of the following:
(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies regarding public safety communications
issues.
(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications facilities
within this state.
(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.
(e) Carry out the policy of this part.
SEC. 22. Section 15277 of the
Government Code is amended to read:
15277. The Public Safety Communications Division is established
within the agency office . The duties
of the division shall include, but not be limited to, all of the
following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that procurements
are compatible throughout state agencies and are consistent with the
state's strategic and tactical plans for public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the California Emergency Management Agency,
National Guard, health and safety agencies, and others with
primary public safety communications programs.
(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the "State of
California."
(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be available to
all public agencies in the state on terms that may be agreed upon by
the public agency and the division.
(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems operated by
the state, except microwave equipment used exclusively for traffic
signal and signing control, traffic metering, and roadway
surveillance systems. To accomplish that purpose, the division is
authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient microwave
communications systems. Any
system established shall be available to all public safety agencies
in the state on terms that may be agreed upon by the public agency
and the division.
(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing with
Section 15150) of Part 6.
SEC. 23. Chapter 3 (commencing with Section 15278)
is added to Part 6.5 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 3. PUBLIC SAFETY COMMUNICATIONS
15278. This chapter shall be known, and may be cited, as the
Public Safety Communications Act of 2013.
15279. For purposes of this chapter, unless the context requires
otherwise, "director" means the Director of the Office of Emergency
Services.
15280. (a) There is in state government, within the Office of
Emergency Services, the Public Safety Communications Division.
(b) The Public Safety Communications Division is under the
supervision of a chief.
(c) The purpose of this chapter is to transfer the services and
responsibilities previously held by the Public Safety Communications
Division within the California Technology Agency to the Office of
Emergency Services.
(d) Unless the context clearly requires otherwise, the Office of
Emergency Services and the Director of the Office of Emergency
Services succeed to and are vested with all the duties, powers,
purposes, responsibilities, and jurisdiction vested in the former
Public Safety Communications Division within the California
Technology Agency.
(e) Unless the context clearly requires otherwise, whenever the
"Public Safety Communications Division within the California
Technology Agency" or the "Public Safety Communications Division of
the California Technology Agency" is referenced in any statute,
regulation, or contract, it shall be construed to refer to the Public
Safety Communications Division within the Office of Emergency
Services.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office of Emergency Services, are transferred to
the Office of Emergency Services. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Emergency Services.
(g) The property of any office, agency, or department related to
functions transferred to the Office of Emergency Services is
transferred to the Office of Emergency Services. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
15281. The Chief of the Public Safety Communications Division
shall be responsible for managing the affairs of the Public Safety
Communications Division and shall perform all duties, exercise all
powers and jurisdiction, and assume and discharge all
responsibilities necessary to carry out the responsibilities of the
Public Safety Communications Division. The Office of Emergency
Services shall employ professional, clerical, technical, and
administrative personnel as necessary to carry out this chapter.
15282. The Director of the Office of Emergency Services shall
establish rates for the Office of Emergency Services' Public Safety
Communications Division's services based on a formal rate
methodology.
SEC. 24. Section 18662 of the
Government Code is repealed.
18662. The board shall recover from an audited department the
entire cost of any audit or investigation conducted under this
article.
SEC. 25. Section 18662 is ad ded to the
Government Code , to read:
18662. (a) The board shall determine the total annual cost
associated with the board's audit authority. The board shall recover
costs by billing appointing authorities in accordance with
subdivision (b).
(b) (1) Except as specified in paragraph (2), an appointing
authority shall be charged annually a proportional share of audit
costs, based on criteria determined by the board.
(2) An appointing authority may elect to be charged for costs in
arrears incurred by the board for auditing the appointing authority's
personnel practices. Charges in arrears shall be on a basis as
determined by the board. An election pursuant to this paragraph shall
be made only within a period determined by the board.
(c) The board shall also determine the costs associated with any
special investigations conducted by the board. The board shall
recover those costs by charging an appointing authority in arrears,
on a basis as determined by the board, for any special investigation
conducted by the board.
(d) Pursuant to Section 11255, the Controller shall transfer to
the board any moneys owed to the board by any appointing authority
for charges due under this section.
(e) On or before October 1, 2014, and every October 1 thereafter,
the board shall report to the Chairperson of the Joint Legislative
Budget Committee the audit and special investigation activities of
the board pursuant to this article from the preceding fiscal year.
The board shall include in the report the following information:
(1) A summary of each audit and special investigation, including
findings.
(2) The number and total cost of audits and special
investigations, by department.
SEC. 26. Section 18671.2 of the
Government Code is amended to read:
18671.2. (a) The board shall determine the total cost
to the state of maintaining and operating the hearing office of the
board shall be determined by the board, in advance
or upon any other basis as it may determine, utilizing information
from the state agencies for which services are provided by the
hearing office.
(b) The board shall be reimbursed for the entire cost of hearings
conducted by the hearing office pursuant to statutes administered by
the board, or by interagency agreement. The board may bill the
appropriate state agencies for the costs incurred in conducting
hearings involving employees of those state agencies, and employees
of the California State University pursuant to Sections 89535 to
89542, inclusive, of the Education Code, and may bill the state
departments having responsibility for the overall administration of
grant-in-aid programs for the costs incurred in conducting hearings
involving employees not administering their own merit systems
pursuant to Chapter 1 (commencing with Section 19800) of Part 2.5.
All costs collected by the board pursuant to this section shall
only be used only for purposes of
maintaining and operating the hearing office of the board.
(c) Pursuant to Section 11255, the Controller shall transfer to
the board, pursuant to Section 18675, any moneys owed to the board by
any state agency or department for charges determined by the board
as specified in subdivisions (a) and (b).
SEC. 27. Article 8 (commencing with Section 19210)
is added to Chapter 5 of Part 2 of Division 5 of Title 2
of the Government Code , to read:
Article 8. Additional Appointments
19210. (a) The department shall submit two reports to the Joint
Legislative Budget Committee and the fiscal committees of the
Legislature that review the use of additional appointments by state
agencies, excluding state universities, for managers and supervisors
by November 30, 2013, and for rank and file employees by November 30,
2014. At a minimum, the reports shall specify all of the following:
(1) The number of additional appointments held by state employees
at any time during 2013 who were exempt under the federal Fair Labor
Standards Act.
(2) The actions the department took to verify whether these
additionally appointed employees' duties were consistent with their
exempt status, if applicable.
(3) The total number of additional appointments that the
department found as a result of its 2013 review, and, of this total,
the number of additional appointments that were terminated or are
otherwise no longer in use and the reasons for these decisions.
(4) The number of additional appointments held by state employees
whose primary appointment is or was in the same agency as the
additional appointment and in the same division of the same agency as
the additional appointment.
(5) For each agency, the number of additional appointments held by
its employees, the highest number of hours worked by an employee
holding an additional appointment, and the average number of hours
worked per month per additional appointee.
(b) As part of the 2015-16 budget proposal submitted to the
Legislature in January 2015, the department shall propose legislation
to establish the state's policy regarding the use of additional
appointments.
(c) The report required under this section shall be submitted
pursuant to Section 9795.
19212. By November 30, 2013, the State Personnel Board shall
submit a report to the Joint Legislative Budget Committee and the
fiscal committees of the Legislature that review the policies and
practices included in the Personnel Management Policy and Procedures
Manual (PMPPM). At a minimum, the report shall include a summary of
existing policies included in the PMPPM, the date of each policy's
adoption, the agency responsible for enforcement of the policy, and,
if a policy is no longer in use, the date of and reasons for
discontinuing that policy. The report required under this section
shall be submitted pursuant to Section 9795.
19214. This article shall remain in effect only until November
30, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before November 30, 2017, deletes or extends
that date.
SEC. 28. Section 23025 of the
Government Code is amended to read:
23025. A In order to comply with the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and
other applicable federal provisions, a county, whether general
law or chartered, which provides any emergency services,
shall is encouraged to provide deaf teletype
equipment at a central location within the county to relay requests
for such emergency services.
SEC. 29. Section 250 08 of the
Government Code is amended to read:
25008. Members shall may be allowed
their actual expenses in going to, attendance upon, and returning
from state association meetings and their actual and necessary
traveling expenses when traveling outside their counties on official
business. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3.
SEC. 30. Section 50021 is added to the
Government Code , to read:
50021. Notwithstanding any other law, any statute enacted prior
to the effective date of the act that added this section, that
requires that a governing board member of a local agency receive
compensation or be reimbursed for expenses for services as a board
member, shall, instead be construed to confer upon the local agency
the discretion to authorize, by ordinance or resolution, compensation
or reimbursement as otherwise set forth in the statute.
SEC. 31. Section 53108.5 of the
Government Code is amended to read:
53108.5. "Division," as used in this article, means the
Public Safety Communications Division within the California
Technology Agency. Office of Emergency Services.
SEC. 32. Section 53114.1 of the
Government Code is amended to read:
53114.1. To accomplish the responsibilities specified in this
article, the division is directed to consult at regular intervals
with the State Fire Marshal, the State Department of Public Health,
the Office of Traffic Safety, the California Emergency
Management Agency, a local representative from a city, a
local representative from a county, the public utilities in this
state providing telephone service, the Association of Public-Safety
Communications Officials, the Emergency Medical Services Authority,
the Department of the California Highway Patrol, and the Department
of Forestry and Fire Protection. These agencies shall provide all
necessary assistance and consultation to the division to enable it to
perform its duties specified in this article.
SEC. 33. Section 53115.1 of the
Government Code is amended to read:
53115.1. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the California 911 Emergency
Communications Office Public Safety Communications
Division shall serve as the nonvoting chair of the board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs' Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
(c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the California 911 Emergency
Communications Office Public Safety Communications
Division shall serve for the duration of his or her tenure.
(2) Four of the members shall serve an initial term of three
years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The division shall provide administrative support to the
State 911 Advisory Board. The State 911 Advisory Board, at its first
meeting, shall adopt bylaws and operating procedures consistent with
this article and establish committees as necessary.
(g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.
SEC. 34. Section 53126.5 of the
Government Code is amended to read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(b) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a local public agency
such as street maintenance and animal control.
(c) "Public Safety Communications Division" means the Public
Safety Communications Division within the California
Technology Agency. Office of Emergency Services.
SEC. 35. Section 6060 of the Harbors
and Navigation Code is amended to read:
6060. The commissioners shall serve without salary until the
yearly gross income of the district, exclusive of taxes levied by the
district, exceeds twenty thousand dollars ($20,000) per year, when
the board may, by ordinance, fix their salaries, which shall not
exceed the sum of six hundred dollars ($600) per month each.
In addition to any salary received pursuant to this section, the
commissioners shall may be allowed any
actual and necessary expenses incurred in the performance of their
duties. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 36. Section 7047 of the
Harbors and Navigation Code is amended to read:
7047. Each director shall may
receive a sum as may be fixed by the board, not exceeding fifty
dollars ($50) for each meeting of the board attended by him or her,
for not exceeding four meetings in any calendar month. A director may
also receive traveling and other expenses incurred by him or her
when performing duties for the district other than attending board
meetings. For purposes of this section, the determination of whether
a director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 37. Section 2851 of the Health and
Safety Code is amended to read:
2851. The members of the district board shall hold office at the
pleasure of the board of supervisors. They shall serve without
compensation, but shall may be allowed
their necessary traveling and other expenses incurred in performance
of their official duties. In lieu of expenses, the district board
may, by resolution, provide for the allowance and payment to each
member of the board of a sum not exceeding one hundred dollars ($100)
as expenses incurred in attending each business meeting of the
board. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 38. Section 4733 of the Health and
Safety Code is amended to read:
4733. (a) The district board may fix the amount of compensation
per meeting to be paid each member of the board for services for each
meeting attended by the member. Subject to subdivision (b), the
compensation shall not exceed one hundred dollars ($100) for each
meeting of the district board attended by the member or for each day'
s service rendered as a member by request of the board, not exceeding
a total of six days in any calendar month, together with
month. The board may also authorize reimbursement for
any expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by the district board members
above the amount of one hundred dollars ($100) per day.
(c) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(d) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 39. Section 6489 of the Health and
Safety Code is amended to read:
6489. (a) Subject to subdivision (b), each of the members of the
board shall may receive compensation in
an amount not to exceed one hundred dollars ($100) per day for each
day's attendance at meetings of the board or for each day's service
rendered as a director by request of the board, not exceeding a total
of six days in any calendar month, together with
month. The board may also authorize reimbursement for any
expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by board members above the
amount of one hundred dollars ($100) per day.
(c) The secretary of the sanitary board shall receive compensation
to be set by the sanitary district board, which compensation shall
be in lieu of any other compensation to which he or she may be
entitled by reason of attendance at the meeting or meetings of the
sanitary board.
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(e) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 40. Section 32103 of the Health
and Safety Code is amended to read:
32103. The board of directors shall serve without compensation
except that the board of directors, by a resolution adopted by a
majority vote of the members of the board, may authorize the payment
of not to exceed one hundred dollars ($100) per meeting not to exceed
five meetings a month as compensation to each member of the board of
directors.
Each member of the board of directors shall
may be allowed his or her actual necessary traveling and
incidental expenses incurred in the performance of official business
of the district as approved by the board. For purposes of this
section, the determination of whether a director's activities on any
specific day are compensable shall be made pursuant to Article 2.3
(commencing with Section 53232) of Chapter 2 of Part 1 of Division 2
of Title 5 of the Government Code. Reimbursement for these expenses
is subject to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 41. Section 10089.7 of the
Insurance Code is amended to read:
10089.7. (a) The authority shall be governed by a three-member
governing board consisting of the Governor, the Treasurer, and the
Insurance Commissioner, each of whom may name designees to serve as
board members in their place. The Speaker of the Assembly and the
Chairperson of the Senate Committee on Rules shall serve as
nonvoting, ex officio members of the board, and may name designees to
serve in their place.
(b) The board shall be advised by an advisory panel whose members
shall be appointed by the Governor, except as provided in this
subdivision. The advisory panel shall consist of four members who
represent insurance companies that are licensed to transact fire
insurance in the state, two of whom shall be appointed by the
commissioner, two licensed insurance agents, one of whom shall be
appointed by the commissioner, and three members of the public not
connected with the insurance industry, at least one of whom shall be
a consumer representative. In addition, the Speaker of the Assembly,
and the Chairperson of the Senate Committee on Rules may each appoint
one member of the public not connected with the insurance industry.
Panel members shall serve for four-year terms, which may be staggered
for administrative convenience, and panel members may be
reappointed. The commissioner shall be a nonvoting, ex officio member
of the panel and shall be entitled to attend all panel meetings,
either in person or by representative.
(c) The board shall have the power to conduct the affairs of the
authority and may perform all acts necessary or convenient in the
exercise of that power. Without limitation, the board may: (1) employ
or contract with officers and employees to administer the authority;
(2) retain outside actuarial, geological, and other professionals;
(3) enter into other obligations relating to the operation of the
authority; (4) invest the moneys in the California Earthquake
Authority Fund; (5) obtain reinsurance and financing for the
authority as authorized by this chapter; (6) contract with
participating insurers to service the policies of basic residential
earthquake insurance issued by the authority; (7) issue bonds payable
from and secured by a pledge of the authority of all or any part of
the revenues of the authority to finance the activities authorized by
this chapter and sell those bonds at public or private sale in the
form and on those terms and conditions as the Treasurer shall
approve; (8) pledge all or any part of the revenues of the authority
to secure bonds and any repayment or reimbursement obligations of the
authority to any provider of insurance or a guarantee of liquidity
or credit facility entered into to provide for the payment of debt
service on any bond of the authority; (9) employ and compensate bond
counsel, financial consultants, and other advisers determined
necessary by the Treasurer in connection with the issuance and sale
of any bonds; (10) issue or obtain from any department or agency of
the United States or of this state, or any private company, any
insurance or guarantee of liquidity or credit facility determined to
be appropriate by the Treasurer to provide for the payment of debt
service on any bond of
the authority; (11) engage the commissioner to collect revenues of
the authority; (12) issue bonds to refund or purchase or otherwise
acquire bonds on terms and conditions as the Treasurer shall approve;
and (13) perform all acts that relate to the function and purpose of
the authority, whether or not specifically designated in this
chapter.
(d) The authority shall reimburse board and panel members for
their reasonable expenses incurred in attending meetings and
conducting the business of the authority.
(e) (1) There shall be a limited civil immunity and no criminal
liability in a private capacity, on account of any act performed or
omitted or obligation entered into an official capacity, when done or
omitted in good faith and without intent to defraud, on the part of
the board, the panel, or any member of either, or on the part of any
officer, employee, or agent of the authority. This provision shall
not eliminate or reduce the responsibility of the authority under the
covenant of good faith and fair dealing.
(2) In any claim against the authority based upon an earthquake
policy issued by the authority, the authority shall be liable for any
damages, including damages under Section 3294 of the Civil Code, for
a breach of the covenant of good faith and fair dealing by the
authority or its agents.
(3) In any claim based upon an earthquake policy issued by the
authority, the participating carrier shall be liable for any damages
for a breach of a common law, regulatory, or statutory duty as if it
were a contracting insurer. The authority shall indemnify the
participating carrier from any liability resulting from the authority'
s actions or directives. The board shall not indemnify a
participating carrier for any loss resulting from failure to comply
with directives of the authority or from violating statutory,
regulatory, or common law governing claims handling practices.
(4) No A licensed insurer, its
officers, directors, employees, or agents, shall not have
any antitrust civil or criminal liability under the Cartwright Act
(Part 2 (commencing with Section 16600) of Division 7 of the Business
and Professions Code) by reason of its activities conducted in
compliance with this chapter. Further, the California Earthquake
Authority shall be deemed a joint arrangement established by statute
to ensure the availability of insurance pursuant to subdivision (b)
of Section 1861.03.
(5) Subject to the provisions of Section
10089.21, nothing in this chapter shall not
be construed to limit any exercise of the commissioner's power,
including enforcement and disciplinary actions, or the imposition of
fines and orders to ensure compliance with this chapter, the rules
and guidelines of the authority, or any other law or rule applicable
to the business of insurance.
(6) Except as provided in paragraph (3) and by any other provision
of this chapter, there shall be no liability on
the part of, and no a cause of
action action, shall not be
permitted in law or equity against, any participating insurer for any
earthquake loss to property for which the authority has issued a
policy unless the loss is covered by an insurance policy issued by
the participating insurer. A policy issued by the authority shall not
be deemed to be a policy issued by a participating insurer.
(f) The Attorney General, in his or her discretion, shall provide
a representative of his or her office to attend and act as antitrust
counsel at all meetings of the panel. The Attorney General shall be
compensated for legal service rendered in the manner specified in
Section 11044 of the Government Code.
(g) The authority may sue or be sued and may employ or contract
with that staff and those professionals the board deems necessary for
its efficient administration.
(h) (1) The authority may contract for the services of a chief
executive officer, a chief financial officer, a chief mitigation
officer, and an operations manager, and may contract for the services
of reinsurance intermediaries, financial market underwriters,
modeling firms, a computer firm, an actuary, an insurance claims
consultant, counsel, and private money managers. These contracts
shall not be subject to otherwise applicable provisions of the
Government Code and the Public Contract Code, and for those purposes,
the authority shall not be considered a state agency or other public
entity. Other employees of the authority shall be subject to civil
service provisions. The total number of authority employees
subject to civil service provisions shall not exceed 25.
(2) When the authority hires multiple private money managers to
manage the assets of the California Earthquake Authority Fund, other
than the primary custodian of the securities, the authority shall
consider small California-based firms who are qualified to manage the
money in the fund. The purpose of this provision is to prevent the
exclusion of small qualified investment firms solely because of their
size.
(i) Members of the board and panel, and their designees, and the
chief executive officer, the chief financial officer, the chief
mitigation officer, and the operations manager of the authority shall
be required to file financial disclosure statements with the Fair
Political Practices Commission. The appointing authorities for
members and designees of the board and panel shall, when making
appointments, avoid appointing persons with conflicts of interest.
Section 87406 of the Government Code, the Milton Marks Postgovernment
Employment Restrictions Act of 1990, shall apply to the authority.
Members of the board, the chief financial officer, the chief
executive officer, the chief operations manager, the chief counsel,
and any other person designated by the authority shall be deemed to
be designated employees for the purpose of that act. In addition, no
member of the board, nor the chief financial officer, the chief
executive officer, the chief operations manager, and the chief
counsel, shall, upon leaving the employment of the authority, seek,
accept, or enter into employment or a consulting or other contractual
arrangement for the period of one year with any employer or entity
that entered into a participating agreement, or a reinsurance,
bonding, letter of credit, or private capital markets contract with
the authority during the time the employee was employed by the
authority, which that member or employee had negotiated or approved,
or participated in negotiating. A violation of these provisions shall
be subject to enforcement pursuant to Chapter 11 (commencing with
Section 91000) of Title 9 of the Government Code.
(j) The board shall establish the duties of, and give direction
to, the chief mitigation officer, to support and enhance the
authority's appropriate efforts to create and maintain all of the
following:
(1) Program activities that mitigate against seismic risks, for
the benefit of homeowners, other property owners, including landlords
with smaller holdings, and the general public of the state.
(2) Collaboration with academic institutions, nonprofit entities,
and commercial business entities in joint efforts to conduct
mitigation-related research and educational activities, and conduct
program activities to mitigate against seismic risk.
(3) Programs to provide financial assistance in the form of loans,
grants, credits, rebates, or other financial incentives to further
efforts to mitigate against seismic risk, including, but not limited
to, structural and contents retrofitting of residential structures.
(4) Collaborations and joint programs with subdivisions and
programs of local, state, and federal governments and with other
national programs that may further California's disaster
preparedness, protection, and mitigation goals.
(5) Other programs, support efforts, and activities deemed
appropriate by the board to further the authority's appropriate
mitigation and mitigation-related goals.
(k) The authority may accept grants and gifts of property, real or
personal, tangible and intangible, and services for the Earthquake
Loss Mitigation Fund, created pursuant to Section 10089.37, or the
related residential retrofit program from federal, state, and local
government sources and private sources.
(l) The Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) applies to meetings of the board and the panel.
SEC. 42. Section 62.5 of the Labor Code
is amended to read:
62.5. (a) (1) The Workers' Compensation Administration Revolving
Fund is hereby created as a special account in the State Treasury.
Money in the fund may be expended by the department, upon
appropriation by the Legislature, for all of the following purposes,
and may not be used or borrowed for any other purpose:
(A) For the administration of the workers' compensation program
set forth in this division and Division 4 (commencing with Section
3200), other than the activities financed pursuant to paragraph (2)
of subdivision (a) of Section 3702.5.
(B) For the Return-to-Work Program set forth in Section 139.48.
(C) For the enforcement of the insurance coverage program
established and maintained by the Labor Commissioner pursuant to
Section 90.3.
(2) The fund shall consist of surcharges made pursuant to
paragraph (1) of subdivision (f).
(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the payment of nonadministrative expenses of the workers'
compensation program for workers injured while employed by uninsured
employers in accordance with Article 2 (commencing with Section 3710)
of Chapter 4 of Part 1 of Division 4, and shall not be used for any
other purpose. All moneys collected shall be retained in the trust
fund until paid as benefits to workers injured while employed by
uninsured employers. Nonadministrative expenses include audits and
reports of services prepared pursuant to subdivision (b) of Section
3716.1. The surcharge amount for this fund shall be stated
separately.
(2) Notwithstanding any other provision of law, all references to
the Uninsured Employers Fund shall mean the Uninsured Employers
Benefits Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Uninsured Employers
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Uninsured Employers Benefits
Trust Fund upon enactment of the annual Budget Act.
(4) Any moneys from penalties collected pursuant to Section 3722
as a result of the insurance coverage program established under
Section 90.3 shall be deposited in the State Treasury to the credit
of the Workers' Compensation Administration Revolving Fund created
under this section, to cover expenses incurred by the director under
the insurance coverage program. The amount of any penalties in excess
of payment of administrative expenses incurred by the director for
the insurance coverage program established under Section 90.3 shall
be deposited in the State Treasury to the credit of the Uninsured
Employers Benefits Trust Fund for nonadministrative expenses, as
prescribed in paragraph (1), and notwithstanding paragraph (1), shall
only be available upon appropriation by the Legislature.
(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the nonadministrative expenses of the workers' compensation
program for workers who have suffered serious injury and who are
suffering from previous and serious permanent disabilities or
physical impairments, in accordance with Article 5 (commencing with
Section 4751) of Chapter 2 of Part 2 of Division 4, and Section 4 of
Article XIV of the California Constitution, and shall not be used for
any other purpose. All moneys collected shall be retained in the
trust fund until paid as benefits to workers who have suffered
serious injury and who are suffering from previous and serious
permanent disabilities or physical impairments. Nonadministrative
expenses include audits and reports of services pursuant to
subdivision (c) of Section 4755. The surcharge amount for this fund
shall be stated separately.
(2) Notwithstanding any other law, all references to the
Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits
Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Subsequent Injuries
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Subsequent Injuries Benefits
Trust Fund upon enactment of the annual Budget Act.
(d) (1) The Occupational Safety and Health
Fund is hereby created as a special account in the State Treasury.
Moneys in the account may be expended by the department, upon
appropriation by the Legislature, for support of the Division of
Occupational Safety and Health, the Occupational Safety and Health
Standards Board, and the Occupational Safety and Health Appeals
Board, and the activities these entities perform as set forth in this
division, and Division 5 (commencing with Section 6300).
(2) On and after the effective date of
the act amending this section to add this paragraph in the 2013-14
Regular Session of the Legislature, any moneys in the Cal-OSHA
Targeted Inspection and Consultation Fund and any assets,
liabilities, revenues, expenditures, and encumbrances of that fund,
less five million dollars ($5,000,000), shall be
transferred to the Occupational Safety and Health Fund. On June 30,
2014, the remaining five million dollars ($5,000,000) in the Cal-OSHA
Targeted Inspection and Consultation Fund, or any remaining balance
in that fund, shall be transferred to, and become part of, the
Occupational Safety and Health Fund.
(e) The Labor Enforcement and Compliance Fund is hereby created as
a special account in the State Treasury. Moneys in the fund may be
expended by the department, upon appropriation by the Legislature,
for the support of the activities that the Division of Labor
Standards Enforcement performs pursuant to this division and Division
2 (commencing with Section 200), Division 3 (commencing with Section
2700), and Division 4 (commencing with Section 3200). The fund shall
consist of surcharges imposed pursuant to paragraph (3) of
subdivision (f).
(f) (1) Separate surcharges shall be levied by the director upon
all employers, as defined in Section 3300, for purposes of deposit in
the Workers' Compensation Administration Revolving Fund, the
Uninsured Employers Benefits Trust Fund, the Subsequent Injuries
Benefits Trust Fund, and the Occupational Safety and Health Fund. The
total amount of the surcharges shall be allocated between
self-insured employers and insured employers in proportion to payroll
respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. The
regulations shall require the surcharges to be paid by self-insurers
to be expressed as a percentage of indemnity paid during the most
recent year for which information is available, and the surcharges to
be paid by insured employers to be expressed as a percentage of
premium. In no event shall the surcharges paid by insured employers
be considered a premium for computation of a gross premium tax or
agents' commission. In no event shall the total amount of the
surcharges paid by insured and self-insured employers exceed the
amounts reasonably necessary to carry out the purposes of this
section.
(2) The surcharge levied by the director for the Occupational
Safety and Health Fund, pursuant to paragraph (1), shall not generate
revenues in excess of fifty-two fifty-seven
million dollars ($52,000,000)
($57,000,000) on and after the 2009-10
2013 -14 fiscal year, adjusted for each fiscal year
as appropriate to fund any increases in the appropriation as
approved by the Legislature, and to reconcile any over/under
assessments from previous fiscal years pursuant to Sections 15606 and
15609 of Title 8 of the California Code of Regulations, and
may increase by not more than the state-local government deflator
each year thereafter through July 1, 2013, and, as appropriate, to
reconcile any over/under assessments from previous fiscal years. For
the 2013-14 fiscal year, the surcharge level shall return to the
level in place on June 30, 2009, adjusted for inflation based on the
state-local government deflator Regulations
. For the 2013-14 fiscal year only, the revenue cap established in
this paragraph shall be reduced by an amount equivalent to the
balance transferred from the Cal-OSHA Targeted Inspection and
Consultation Fund established in Section 62.7, less any amount of
that balance loaned to the State Public Works Enforcement Fund, to
the Occupational Safety and Health Fund pursuant to subdivision (d)
.
(3) A separate surcharge shall be levied by the director upon all
employers, as defined in Section 3300, for purposes of deposit in the
Labor Enforcement and Compliance Fund. The total amount of the
surcharges shall be allocated between employers in proportion to
payroll respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. In
no event shall the total amount of the surcharges paid by employers
exceed the amounts reasonably necessary to carry out the purposes of
this section.
(4) The surcharge levied by the director for the Labor Enforcement
and Compliance Fund shall not exceed thirty-seven
forty-six million dollars ($37,000,000)
($46,000,000) in the 2009-10
2013 -14 fiscal year, adjusted as appropriate
to fund any increases in the appropriation as approved by the
Legislature, and to reconcile any over/under assessments from
previous fiscal years, and shall not be adjusted each year
thereafter by more than the state-local government deflator, and, as
appropriate, to reconcile any over/under assessments from previous
fiscal years pursuant to Sections 15606 and 15609 of Title
8 of the California Code of Regulations.
(5) The regulations adopted pursuant to paragraph (1) to (4),
inclusive, shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) On and after July 1, 2013, subdivision (e) and paragraphs (2)
to (4), inclusive, of subdivision (f) are inoperative, unless a later
enacted statute, that is enacted before July 1, 2013, deletes or
extends that date.
SEC. 43. Section 62.7 of the Labor Code
is amended to read:
62.7. (a) The Cal-OSHA Targeted Inspection and Consultation Fund
is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended by the department, upon
appropriation by the Legislature, for the costs of the Cal-OSHA
targeted inspection program provided by Section 6314.1 and the costs
of the Cal-OSHA targeted consultation program provided by subdivision
(a) of Section 6354, and for costs related to assessments levied and
collected pursuant to Section 62.9.
(b) The fund shall consist of the assessments made pursuant to
Section 62.9 and other moneys transferred to the fund.
(c) This section shall become inoperative on June 30, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 44. Section 62.8 is added to the
Labor Code , to read:
62.8. Five million dollars ($5,000,000) is hereby appropriated
for transfer by the State Controller upon order of the Director of
Finance from the Cal OSHA Targeted Inspection and Consultation Fund
as a loan to the State Public Works Enforcement Fund. This loan shall
be repaid to the Occupational Safety and Health Fund by June 30,
2015. This loan shall be repaid with interest calculated at the rate
earned by the Pooled Money Investment Account at the time of the
transfer.
SEC. 45. Section 62.9 of the Labor Code
is repealed.
62.9. (a) (1) The director shall levy and collect assessments
from employers in accordance with this section. The total amount of
the assessment collected shall be the amount determined by the
director to be necessary to produce the revenue sufficient to fund
the programs specified by Section 62.7, except that the amount
assessed in any year for those purposes shall not exceed 50 percent
of the amounts appropriated from the General Fund for the support of
the occupational safety and health program for the 1993-94 fiscal
year, adjusted for inflation. The director also shall include in the
total assessment amount the department's costs for administering the
assessment, including the collections process and the cost of
reimbursing the Employment Development Department or another agency
or department for its cost of collection activities pursuant to
subdivision (c).
(2) The insured employers and private sector self-insured
employers that, pursuant to subdivision (b), are subject to
assessment shall be assessed, respectively, on the basis of their
annual payroll subject to premium charges or their annual payroll
that would be subject to premium charges if the employer were
insured, as follows:
(A) An employer with a payroll of less than two hundred fifty
thousand dollars ($250,000) shall be assessed one hundred dollars
($100).
(B) An employer with a payroll of two hundred fifty thousand
dollars ($250,000) or more, but not more than five hundred thousand
dollars ($500,000), shall be assessed two hundred dollars ($200).
(C) An employer with a payroll of more than five hundred thousand
dollars ($500,000), but not more than seven hundred fifty thousand
dollars ($750,000), shall be assessed four hundred dollars ($400).
(D) An employer with a payroll of more than seven hundred fifty
thousand dollars ($750,000), but not more than one million dollars
($1,000,000), shall be assessed six hundred dollars ($600).
(E) An employer with a payroll of more than one million dollars
($1,000,000), but not more than one million five hundred thousand
dollars ($1,500,000), shall be assessed eight hundred dollars ($800).
(F) An employer with a payroll of more than one million five
hundred thousand dollars ($1,500,000), but not more than two million
dollars ($2,000,000), shall be assessed one thousand dollars
($1,000).
(G) An employer with a payroll of more than two million dollars
($2,000,000), but not more than two million five hundred thousand
dollars ($2,500,000), shall be assessed one thousand five hundred
dollars ($1,500).
(H) An employer with a payroll of more than two million five
hundred thousand dollars ($2,500,000), but not more than three
million five hundred thousand dollars ($3,500,000), shall be assessed
two thousand dollars ($2,000).
(I) An employer with a payroll of more than three million five
hundred thousand dollars ($3,500,000), but not more than four million
five hundred thousand dollars ($4,500,000), shall be assessed two
thousand five hundred dollars ($2,500).
(J) An employer with a payroll of more than four million five
hundred thousand dollars ($4,500,000), but not more than five million
five hundred thousand dollars ($5,500,000), shall be assessed three
thousand dollars ($3,000).
(K) An employer with a payroll of more than five million five
hundred thousand dollars ($5,500,000), but not more than seven
million dollars ($7,000,000), shall be assessed three thousand five
hundred dollars ($3,500).
(L) An employer with a payroll of more than seven million dollars
($7,000,000), but not more than twenty million dollars ($20,000,000),
shall be assessed six thousand seven hundred dollars ($6,700).
(M) An employer with a payroll of more than twenty million dollars
($20,000,000) shall be assessed ten thousand dollars ($10,000).
(b) (1) In the manner as specified by this section, the director
shall identify those insured employers having a workers' compensation
experience modification rating of 1.25 or more, and private sector
self-insured employers having an equivalent experience modification
rating of 1.25 or more as determined pursuant to subdivision (e).
(2) The assessment required by this section shall be levied
annually, on a calendar year basis, on those insured employers and
private sector self-insured employers, as identified pursuant to
paragraph (1), having the highest workers' compensation experience
modification ratings or equivalent experience modification ratings,
that the director determines to be
required numerically to produce the total amount of the
assessment to be collected pursuant to subdivision (a).
(c) The director shall collect the assessment from insured
employers as follows:
(1) Upon the request of the director, the Department of Insurance
shall direct the licensed rating organization designated as the
department's statistical agent to provide to the director, for
purposes of subdivision (b), a list of all insured employers having a
workers' compensation experience rating modification of 1.25 or
more, according to the organization's records at the time the list is
requested, for policies commencing the year preceding the year in
which the assessment is to be collected.
(2) The director shall determine the annual payroll of each
insured employer subject to assessment from the payroll that was
reported to the licensed rating organization identified in paragraph
(1) for the most recent period for which one full year of payroll
information is available for all insured employers.
(3) On or before September 1 of each year, the director shall
determine each of the current insured employers subject to
assessment, and the amount of the total assessment for which each
insured employer is liable. The director immediately shall notify
each insured employer, in a format chosen by the insurer, of the
insured's obligation to submit payment of the assessment to the
director within 30 days after the date the billing was mailed, and
warn the insured of the penalties for failure to make timely and full
payment as provided by this subdivision.
(4) The director shall identify any insured employers that, within
30 days after the mailing of the billing notice, fail to pay, or
object to, their assessments. The director shall mail to each of
these employers a notice of delinquency and a notice of the intention
to assess penalties, advising that, if the assessment is not paid in
full within 15 days after the mailing of the notices, the director
will levy against the employer a penalty equal to 25 percent of the
employer's assessment, and will refer the assessment and penalty to
another agency or department for collection. The notices required by
this paragraph shall be sent by United States first-class mail.
(5) If an assessment is not paid by an insured employer within 15
days after the mailing of the notices required by paragraph (4), the
director shall refer the delinquent assessment and the penalty to the
Employment Development Department, or another agency or department,
as deemed appropriate by the director, for collection pursuant to
Section 1900 of the Unemployment Insurance Code.
(d) The director shall collect the assessment directly from
private sector self-insured employers. The failure of any private
sector self-insured employer to pay the assessment as billed
constitutes grounds for the suspension or termination of the employer'
s certificate to self-insure.
(e) The director shall adopt regulations implementing this section
that include provision for a method of determining experience
modification ratings for private sector self-insured employers that
is generally equivalent to the modification ratings that apply to
insured employers and is weighted by both severity and frequency.
(f) The director shall determine whether the amount collected
pursuant to any assessment exceeds expenditures, as described in
subdivision (a), for the current year and shall credit the amount of
any excess to any deficiency in the prior year's assessment or, if
there is no deficiency, against the assessment for the subsequent
year.
SEC. 46. Section 139.48 of the Labor
Code is amended to read:
139.48. (a) There shall be
is in the department a return-to-work program
administered by the director, funded by one hundred twenty million
dollars ($120,000,000) annually derived from non-General Funds of the
Workers' Compensation Administration Revolving Fund, for the purpose
of making supplemental payments to workers whose permanent
disability benefits are disproportionately low in comparison to their
earnings loss. Eligibility Moneys shall
remain available for use by the return-to-work program without
respect to the fiscal year.
(b) Eligibility for payments and
the amount of payments shall be determined by regulations adopted by
the director, based on findings from studies conducted by the
director in consultation with the Commission on Health and Safety and
Workers' Compensation. Determinations of the director shall be
subject to review at the trial level of the appeals board upon the
same grounds as prescribed for petitions for reconsideration.
(c) This section shall apply only to injuries sustained on or
after January 1, 2013.
SEC. 47. Section 1024 of the Labor Code
is amended to read:
1024. All civil penalties collected pursuant to this chapter
shall be deposited in the Industrial Relations Construction Industry
Enforcement Fund, which is hereby created. All moneys in the fund
shall be used for the purpose of enforcing the provisions of this
chapter, as appropriated by the Legislature.
It
1024. (a) It is the
intent of the Legislature in enacting this section to provide for the
prompt and effective enforcement of labor laws relating to the
construction industry.
(b) Before July 1, 2013, all civil penalties collected pursuant to
this chapter shall be deposited in the Industrial Relations
Construction Industry Enforcement Fund. All moneys in the fund shall
be used for the purpose of enforcing this chapter, as appropriated by
the Legislature.
(c) On or after July 1, 2013, all civil penalties collected
pursuant to this chapter shall be deposited in the Labor Enforcement
and Compliance Fund.
SEC. 48. Section 1063.5 is added to the
Labor Code , to read:
1063.5. (a) This chapter shall apply to every contractor that
provides food and beverage services at a publicly owned entertainment
venue.
(b) For purposes of this chapter, and in addition to the
definitions specified in Section 1060, the following terms shall also
have the following meanings:
(1) "Awarding authority" means any person that awards or otherwise
enters into contracts for food and beverage services at a publicly
owned entertainment venue.
(2) "Contractor" means any person that employs an individual to
provide food and beverage services at a publicly owned entertainment
venue
(3) "Employee" means any person employed to provide food and
beverage services at a publicly owned entertainment venue.
(4) "Publicly owned entertainment venue" means a venue that meets
all of the following:
(A) Has been in operation for 15 years or more.
(B) Is located in a zone designated under Chapter 12.8 (commencing
with Section 7070) of Division 7 of Title 1 of the Government Code.
(C) Hosts concerts, shows, or sporting events on a non continuous
basis.
(c) This section shall remain in effect only until December 31,
2014, and as of that date is repealed.
SEC. 49. Section 1771.3 of the Labor
Code is amended to read:
1771.3. (a) (1) The Department of Industrial Relations shall
monitor and enforce compliance with applicable prevailing wage
requirements for any public works project paid for in whole or part
out of public funds, within the meaning of subdivision (b) of Section
1720, that are derived from bonds issued by the state, and shall
charge each awarding body for the reasonable and directly related
costs of monitoring and enforcing compliance with the prevailing wage
requirements on each project.
(2) (A) The State Public Works Enforcement Fund is hereby created
as a special fund in the State Treasury. All moneys received by the
department pursuant to this section shall be deposited in the fund.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated to the Department of
Industrial Relations, to monitor and enforce compliance with the
applicable prevailing wage requirements on public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state and other projects for which the department provides
prevailing wage monitoring and enforcement activities and for which
it is to be reimbursed by the awarding body, and shall not be used or
borrowed for any other purpose.
(B) Notwithstanding any other law, upon order of the Director of
Finance, a loan in the amount of four million three hundred thousand
dollars ($4,300,000) shall be provided from the Uninsured Employers
Benefit Trust Fund to the State Public Works Enforcement Fund to meet
the startup needs of the Labor Compliance Monitoring Unit.
(3) The Director of Industrial Relations shall adopt regulations
implementing this section, specifying the activities, including, but
not limited to, monthly review, and audit if appropriate, of payroll
records, which the department will undertake to monitor and enforce
compliance with applicable prevailing wage requirements on public
works projects paid for in whole or part out of public funds, within
the meaning of subdivision (b) of Section 1720, that are derived from
bonds issued by the state. The department, with the approval of the
Director of Finance, shall determine the rate or rates
, which the department may from time to time amend, that
the department will charge to recover the reasonable and directly
related costs of performing the monitoring and enforcement services
for public works projects ; provided,
however, that the projects . The
amount charged by the department of bond
funds utilized by an awarding body to pay the department's
fee shall not exceed one-fourth of 1 percent of the state bond
proceeds used for the public works projects , with any other
remaining costs of monitoring and enforcing compliance to be paid by
the awarding body from other funds authorized to be used to finance
the project .
(4) The reasonable and directly related costs of monitoring and
enforcing compliance with the prevailing wage requirements on a
public works project incurred by the department in accordance with
this section are payable by the awarding body of the public works
project as a cost of construction. Notwithstanding any other
provision of law, but subject to any limitations or restrictions of
the bond act, the board, commission, department, agency, or official
responsible for the allocation of bond proceeds from the bond funds
shall consider and provide for amounts in support of the costs when
allocating or approving expenditures of bond proceeds for the
construction of the authorized project. The awarding body may elect
not to receive or expend amounts from bond proceeds to pay the costs
of the project; however, such that
election does not relieve the awarding body from reimbursing the
Department of Industrial Relations from other funding sources
for monitoring and enforcing prevailing wage requirements on
the project pursuant to Section 1771.3 this
section or any other applicable provision of law. The
department shall annually provide information, as specified in
regulations, to assist an awarding body to reasonably estimate the
annual cost of monitoring and enforcing compliance.
(b) Paragraph (1) of subdivision (a) shall not apply to any
contract for a public works project paid for in whole or part out of
public funds, within the meaning of subdivision (b) of Section 1720,
that are derived from bonds issued by the state if the contract was
awarded under any of the following conditions:
(1) The contract was awarded prior to the effective date of
implementing regulations adopted by the department pursuant to
paragraph (3) of subdivision (a).
(2) The contract was awarded on or after the effective date of the
regulations described in paragraph (1), if the awarding body had
previously initiated a labor compliance program approved by the
department for some or all of its public works projects and had not
contracted with a third party to conduct such program, and requests
and receives approval from the department to continue to operate its
existing labor compliance program for its public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state, in place of the department monitoring and enforcing
compliance on projects pursuant to subdivision (a).
(3) The contract is awarded on or after the effective date of the
regulations described in paragraph (1), if the awarding body has
entered into a collective bargaining agreement that binds all of the
contractors performing work on the project and that includes a
mechanism for resolving disputes about the payment of wages.
(c) This section shall not apply to public works projects subject
to Section 75075 of the Public Resources Code.
SEC. 50. Section 1771.5 of the Labor
Code is amended to read:
1771.5. (a) Notwithstanding Section 1771, an awarding body may
choose not to require the payment of the general prevailing rate of
per diem wages or the general prevailing rate of per diem wages for
holiday and overtime work for any public works project of twenty-five
thousand dollars ($25,000) or less when the project is for
construction work, or for any public works project of fifteen
thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding
body elects to either:
(1) Initiate and enforce a labor compliance program pursuant to
subdivision (b) for every public works project under the authority of
the awarding body as described in subdivision (e).
(2) Reimburse the Department of Industrial Relations for the cost
of monitoring and enforcing compliance with prevailing wage
requirements for every public works project of the awarding body as
described in subdivision (f).
(b) For purposes of this section, a labor compliance program shall
include, but not be limited to, the following requirements:
(1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
(2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
(3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
(4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
(5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
(6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.
(7) The awarding body shall comply with any other prevailing wage
monitoring and enforcement activities that are required to be
conducted by labor compliance programs by the Department of
Industrial Relations.
(c) For purposes of this chapter, "labor compliance program" means
a labor compliance program that is approved, as specified in state
regulations, by the Director of Industrial Relations.
(d) For purposes of this chapter, the Director of Industrial
Relations may revoke the approval of a labor compliance program in
the manner specified in state regulations.
(e) An awarding body that elects to use a labor compliance program
pursuant to subdivision (a) must shall
use the labor compliance program for all contracts for public works
projects awarded prior to the effective date of the regulations
adopted by the department as specified in subdivision (g). For
contracts for public works projects awarded on or after the effective
date of regulations adopted by the department as specified in
subdivision (g), the awarding body may also elect to continue
operating an existing previously approved labor compliance program in
lieu of reimbursing the Department of Industrial Relations for the
cost of monitoring and enforcing compliance with prevailing wage
requirements on the awarding body's public works projects if it has
not contracted with a third party to conduct its labor compliance
program and if it requests and receives approval from the department
to continue its existing program.
(f) An awarding body that elects to reimburse the department for
the cost of monitoring and enforcing compliance with prevailing wage
requirements for public works projects of the awarding body, pursuant
to subdivision (a), must shall , for
all of its contracts for public works projects awarded on or after
the effective date of the regulations adopted by the department as
specified in subdivision (g) do all of the following :
(1) Ensure that all bid invitations and public works contracts
contain appropriate language concerning the requirements of this
chapter.
(2) Conduct a prejob conference with the contractor and
subcontractor to discuss federal and state labor law requirements
applicable to the contract.
(3) Enter into an agreement with the department to reimburse the
department for its costs of performing the service of monitoring and
enforcing compliance with applicable prevailing wage requirements on
the awarding bodies' body's projects.
(g) The Department of Industrial Relations shall adopt regulations
implementing this section specifying the activities which
that the department shall undertake to monitor
and enforce compliance with the prevailing wage requirements on the
public works projects, including, but not limited to, monthly review,
and audit if appropriate, of payroll records.
(h) (1) The Department of Industrial Relations shall , in
accordance with paragraphs (3) and (4) of subdivision (a) of Section
1771.3, determine the rate or rates , which
the department may from time to time amend, that the department will
charge in obtaining for reimbursement
from awarding bodies an awarding body
for the reasonable and directly related costs of performing the
specified monitoring and enforcement services, provided the
amount charged by the department shall not exceed one-fourth of 1
percent of the total public works project costs
services for public works projects .
(2) Notwithstanding paragraph (1), for public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state, the amount charged by the department shall not exceed
one-fourth of 1 percent of the state bond proceeds used for the
public works project , with any other remaining costs of
monitoring and enforcing compliance to be paid by the awarding body
from other funds authorized to be used to finance the project .
(i) All amounts collected by the Department of Industrial
Relations for its services pursuant to this section shall be
deposited in the State Public Works Enforcement Fund.
SEC. 51. Section 7852 of the Labor Code
is amended to read:
7852. (a) It is the intent of the Legislature, in enacting this
part, that the Occupational Safety and Health Standards Board and the
Division of Occupational Health and Safety (OSHA) promote worker
safety through implementation of training and process safety
management practices in petroleum refineries and chemical plants and
other facilities deemed appropriate.
(b) To the maximum extent practicable, the board and the division
shall minimize duplications with other state statutory programs and
business reporting requirements when developing standards pursuant to
Chapter 2 (commencing with Section 7855).
(c) It is further the intent of the Legislature, in enacting this
part, that in the interest of promoting worker safety, standards be
adopted at the earliest reasonably possible date, but in no
case later than July 1, 1992 by March 31, 2014 .
SEC. 52. Section 7856 of the Labor Code
is amended to read:
7856. No later than July 1, 1992, By
March 31, 2014, the board shall adopt process safety management
standards for refineries, chemical plants, and other manufacturing
facilities, as specified in Codes 28 (Chemical and Allied Products)
and 29 (Petroleum Refining and Related Industries) of the Manual of
Standard Industrial Classification Codes, published by the United
States Office of Management and Budget, 1987 Edition, that handle
acutely hazardous material as defined in subdivision (a) of Section
25532 and subdivision (a) of Section 25536 of the Health and Safety
Code and pose a significant likelihood of accident risk, as
determined by the board. Alternately, upon making a finding that
there is a significant likelihood of risk to employees at a facility
not included in Codes 28 and 29 resulting from the presence of
acutely hazardous materials or explosives as identified in Part 172
(commencing with Section 172.1) of Title 49 of the Code of Federal
Regulations, the board may require that these facilities be subject
to the jurisdiction of the standards provided for in this section.
When adopting these standards, the board shall give priority to
facilities and areas of facilities where the potential is greatest
for preventing severe or catastrophic accidents because of the size
or nature of the process or business. The standards adopted pursuant
to this section shall require that injury prevention programs of
employers subject to this part and implemented pursuant to Section
6401.7 include the requirements of this part.
SEC. 53. Section 7870 of the Labor Code
is amended to read:
7870. Notwithstanding the availability of federal funds to carry
out the purposes of this part, the division may
shall annually fix and collect reasonable fees for
consultation, inspection, adoption of standards, and other duties
conducted pursuant to this part. The fees shall be adopted by
March 31, 2014. All revenue collected from these fees shall be
deposited into the Occupational Safety and Health Fund. The fees
shall be sufficient to support, at a minimum, the annual cost of 15
positions. The expenditure of these funds shall be subject to
appropriation by the Legislature in the annual Budget Act or
other measure .
SEC. 54. Section 1197 of the Military
and Veterans Code is amended to read:
1197. The board shall consist of five members who shall be
registered electors residing within the district or proposed district
at the time of their election and shall be elected by the qualified
electors of the district. A majority of the seats on the board shall
be designated for veterans, as defined in Section 940. Any board seat
that is so designated, but is not currently filled by a qualifying
individual, shall be filled by a qualified individual at the next
election at which that seat is to be filled. Members shall serve
without compensation, but shall be entitled to
may receive reimbursement for actual and necessary
expenses incurred in the performance of duties. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 55. Section 1203 of the Penal Code
is amended to read:
1203. (a) As used in this code, "probation" means the suspension
of the imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer. As used in this code,
"conditional sentence" means the suspension of the imposition or
execution of a sentence and the order of revocable release in the
community subject to conditions established by the court without the
supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is
convicted of a felony and is eligible for probation, before judgment
is pronounced, the court shall immediately refer the matter to a
probation officer to investigate and report to the court, at a
specified time, upon the circumstances surrounding the crime and the
prior history and record of the person, which may be considered
either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and
make a written report to the court of his or her findings and
recommendations, including his or her recommendations as to the
granting or denying of probation and the conditions of probation, if
granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code,
the probation officer shall include in his or her report any
information gathered by a law enforcement agency relating to the
taking of the defendant into custody as a minor, which shall be
considered for purposes of determining whether adjudications of
commissions of crimes as a juvenile warrant a finding that there are
circumstances in aggravation pursuant to Section 1170 or to deny
probation.
(C) If the person was convicted of an offense that requires him or
her to register as a sex offender pursuant to Sections 290 to
290.023, inclusive, or if the probation report recommends that
registration be ordered at sentencing pursuant to Section 290.006,
the probation officer's report shall
include the results of the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO) administered pursuant to
Sections 290.04 to 290.06, inclusive, if applicable.
(D) The probation officer shall may
also include in the report his or her recommendation of both of the
following:
(i) The amount the defendant should be required to pay as a
restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation,
restitution to the victim or to the Restitution Fund and the amount
thereof.
(E) The report shall be made available to the court and the
prosecuting and defense attorneys at least five days, or upon request
of the defendant or prosecuting attorney nine days, prior to the
time fixed by the court for the hearing and determination of the
report, and shall be filed with the clerk of the court as a record in
the case at the time of the hearing. The time within which the
report shall be made available and filed may be waived by written
stipulation of the prosecuting and defense attorneys that is filed
with the court or an oral stipulation in open court that is made and
entered upon the minutes of the court.
(3) At a time fixed by the court, the court shall hear and
determine the application, if one has been made, or, in any case, the
suitability of probation in the particular case. At the hearing, the
court shall consider any report of the probation officer, including
the results of the SARATSO, if applicable, and shall make a statement
that it has considered the report, which shall be filed with the
clerk of the court as a record in the case. If the court determines
that there are circumstances in mitigation of the punishment
prescribed by law or that the ends of justice would be served by
granting probation to the person, it may place the person on
probation. If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections and Rehabilitation at the prison or other institution to
which the person is delivered.
(4) The preparation of the report or the consideration of the
report by the court may be waived only by a written stipulation of
the prosecuting and defense attorneys that is filed with the court or
an oral stipulation in open court that is made and entered upon the
minutes of the court, except that there shall be no
a waiver shall not be allowed unless
the court consents thereto. However, if the defendant is ultimately
sentenced and committed to the state prison, a probation report shall
be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court
shall order the probation officer who makes the probation report to
discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may
either refer the matter to the probation officer for an investigation
and a report or summarily pronounce a conditional sentence. If the
person was convicted of an offense that requires him or her to
register as a sex offender pursuant to Sections 290 to 290.023,
inclusive, or if the probation officer recommends that the court, at
sentencing, order the offender to register as a sex offender pursuant
to Section 290.006, the court shall refer the matter to the
probation officer for the purpose of obtaining a report on the
results of the State-Authorized Risk Assessment Tool for Sex
Offenders administered pursuant to Sections 290.04 to 290.06,
inclusive, if applicable, which the court shall consider. If the case
is not referred to the probation officer, in sentencing the person,
the court may consider any information concerning the person that
could have been included in a probation report. The court shall
inform the person of the information to be considered and permit him
or her to answer or controvert the information. For this purpose,
upon the request of the person, the court shall grant a continuance
before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon,
other than a firearm, at the time of the perpetration of the crime
or his or her arrest, any person who has been convicted of arson,
robbery, carjacking, burglary, burglary with explosives, rape with
force or violence, torture, aggravated mayhem, murder, attempt to
commit murder, trainwrecking, kidnapping, escape from the state
prison, or a conspiracy to commit one or more of those crimes and who
was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon
a human being in connection with the perpetration of the crime of
which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has been
convicted.
(4) Any person who has been previously convicted twice in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in
this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as a
felony, any person who has been convicted of burglary with
explosives, rape with force or violence, torture, aggravated mayhem,
murder, attempt to commit murder, trainwrecking, extortion,
kidnapping, escape from the state prison, a violation of Section 286,
288, 288a, or 288.5, or a conspiracy to commit one or more of those
crimes.
(6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony, if
he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon
at the time of the perpetration of the previous crime or his or her
arrest for the previous crime, he or she was armed with a weapon at
either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a
human being in connection with the perpetration of the previous
crime.
(C) The person willfully inflicted great bodily injury or torture
in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any
city, county, or other political subdivision who, in the discharge of
the duties of his or her public office or employment, accepted or
gave or offered to accept or give any bribe, embezzled public money,
or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away
phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in
the commission of arson under subdivision (a) of Section 451 or who
intentionally set fire to, burned, or caused the burning of, an
inhabited structure or inhabited property in violation of subdivision
(b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great
bodily injury or causes the death of a human being by the discharge
of a firearm from or at an occupied motor vehicle proceeding on a
public street or highway.
(11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 33215, a machinegun under
Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the
Welfare and Institutions Code.
(13) Any person who is described in subdivision (b) or (c) of
Section 27590.
(f) When probation is granted in a case which comes within
subdivision (e), the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall
refer the matter to the probation officer for an investigation of the
facts relevant to determination of the amount of a restitution fine
pursuant to subdivision (b) of Section 1202.4 in all cases where the
determination is applicable. The judge, in his or her discretion, may
direct the probation officer to investigate all facts relevant to
the sentencing of the person. Upon that referral, the probation
officer shall immediately investigate the circumstances surrounding
the crime and the prior record and history of the person and make a
written report to the court of his or her findings. The findings
shall include a recommendation of the amount of the restitution fine
as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report
is prepared pursuant to subdivision (b) or (g), the probation
officer may obtain and include in the report a statement of the
comments of the victim concerning the offense. The court may direct
the probation officer not to obtain a statement if the victim has in
fact testified at any of the court proceedings concerning the
offense.
(i) No A probationer
shall not be released to enter another state unless his or
her case has been referred to the Administrator of the Interstate
Probation and Parole Compacts, pursuant to the Uniform Act for
Out-of-State Probationer or Parolee Supervision (Article 3
(commencing with Section 11175) of Chapter 2 of Title 1 of Part 4)
and the probationer has reimbursed the county that has jurisdiction
over his or her probation case the reasonable costs of processing his
or her request for interstate compact supervision. The amount and
method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is
available, in addition to referring the matter to the probation
officer, the court may order the defendant to appear before the
county financial evaluation officer for a financial evaluation of the
defendant's ability to pay restitution, in which case the county
financial evaluation officer shall report his or her findings
regarding restitution and other court-related costs to the probation
officer on the question of the defendant's ability to pay those
costs.
Any order made pursuant to this subdivision may be enforced as a
violation of the terms and conditions of probation upon willful
failure to pay and at the discretion of the court, may be enforced in
the same manner as a judgment in a civil action, if any balance
remains unpaid at the end of the defendant's probationary period.
(k) Probation shall not be granted to, nor shall the execution of,
or imposition of sentence be suspended for, any person who is
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, or a serious felony, as defined in subdivision (c) of
Section 1192.7, and who was on probation for a felony offense at the
time of the commission of the new felony offense.
SEC. 56. Section 13518.1 of the Penal
Code is amended to read:
13518.1. In order to prevent the spread of communicable disease,
every a law enforcement agency employing
peace officers described in subdivision (a) of Section 13518
shall may provide to each of these
peace officers an appropriate portable manual mask and airway
assembly for use when applying cardiopulmonary resuscitation.
SEC. 57. Section 13701 of the Penal
Code is amended to read:
13701. (a) Every As a best practice,
every law enforcement agency in this state shall
may develop, adopt, and implement written
policies and standards for officers' responses to domestic violence
calls by January 1, 1986. These policies shall
may reflect that domestic violence is alleged criminal
conduct. Further, they shall may
reflect existing policy that a request for assistance in a situation
involving domestic violence is the same as any other request for
assistance where violence has occurred.
(b) The As a best practice, the
written policies shall may encourage
the arrest of domestic violence offenders if there is probable cause
that an offense has been committed. These policies also
shall may require the arrest of an offender,
absent exigent circumstances, if there is probable cause that a
protective order issued under Chapter 4 (commencing with Section
2040) of Part 1 of Division 6, Division 10 (commencing with Section
6200), or Chapter 6 (commencing with Section 7700) of Part 3 of
Division 12, of the Family Code, or Section 136.2 of this code, or by
a court of any other state, a commonwealth, territory, or insular
possession subject to the jurisdiction of the United States, a
military tribunal, or a tribe has been violated. These policies
shall may discourage, when appropriate,
but not prohibit, dual arrests. Peace officers shall
may make reasonable efforts to identify the
dominant aggressor in any incident. The dominant aggressor is the
person determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer
shall may consider the intent of the law to
protect victims of domestic violence from continuing abuse, the
threats creating fear of physical injury, the history of domestic
violence between the persons involved, and whether either person
acted in self-defense. These arrest policies shall
may be developed, adopted, and implemented by July 1,
1996. Notwithstanding subdivision (d), law enforcement agencies
shall may develop these policies with
the input of local domestic violence agencies.
(c) These As a best practice, these
existing local policies and those developed shall
may be in writing and , if developed,
shall be available to the public upon request and
shall may include specific standards for the
following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
(B) A statement that, "For further information about a shelter you
may contact ____."
(C) A statement that, "For information about other services in the
community, where available, you may contact ____."
(D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
(E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
(i) An order restraining the attacker from abusing the victim and
other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate
in counseling.
(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
(i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to
follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to
the victim, including sexual assault by a person who is the spouse of
the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize the response guidelines developed
by the commission in developing local policies.
SEC. 58. Section 13710 of the Penal
Code is amended to read:
13710. (a) (1) Law As a best practice,
law enforcement agencies shall may
maintain a complete and systematic record of all protection
orders with respect to domestic violence incidents, including orders
which have not yet been served, issued pursuant to Section 136.2,
restraining orders, and proofs of service in effect. This
shall may be used to inform law enforcement
officers responding to domestic violence calls of the existence,
terms, and effective dates of protection orders in effect.
(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.
SEC. 59. Section 13730 of the Penal
Code is amended to read:
13730. (a) Each As a best practice, each
law enforcement agency shall may
develop a system, by January 1, 1986, for recording all domestic
violence-related calls for assistance made to the department
including whether weapons are involved. All domestic violence-related
calls for assistance shall may be
supported with a written incident report, as described in subdivision
(c), identifying the domestic violence incident. Monthly, the total
number of domestic violence calls received and the numbers of those
cases involving weapons shall may be
compiled by each law enforcement agency and submitted to the Attorney
General.
(b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
(c) Each As a best practice,
each law enforcement agency shall may
develop an incident report form that includes a domestic
violence identification code by January 1, 1986. In all incidents of
domestic violence, a report shall may
be written and shall may be identified
on the face of the report as a domestic violence incident. The report
shall may include at least all of the
following:
(1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.
(2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered by
an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Division 4 (commencing with
Section 18250) of Title 2 of Part 6.
SEC. 60. Section 10351 of the Public
Contract Code is amended to read:
10351. (a) The department shall exempt from its approval
contracts under seventy-five thousand dollars ($75,000)
one hundred fifty thousand dollars ($150,000)
that any state agency awards if the state agency does all of the
following:
(1) Designates an agency officer as responsible and directly
accountable for the agency's contracting program.
(2) Establishes written policies and procedures and a management
system that will ensure the state agency's contracting activities
comply with applicable provisions of law and regulations and that it
has demonstrated the ability to carry out these policies and
procedures and to implement the management system.
(3) Establishes a plan for ensuring that contracting personnel are
adequately trained in contract administration and contract
management.
(4) Conducts an audit every two years of the contracting program
and reports to the department as it may require.
(5) Establishes procedures for reporting to the department and the
Legislature on such contracts as the Legislature may require in the
Budget Act.
(b) Any state agency may request the department to exempt from its
approval classes or types of contracts under this section. When the
department receives a request but refuses to grant the exemption, it
shall state in writing the reasons for the refusal. It is the intent
of the Legislature that the department shall actively implement the
provisions of this section and shall exempt from its approval as wide
a range of classes or types of contracts as is consistent with
proper administrative controls and the best interests of the state.
SEC. 61. Section 12100 of the Public
Contract Code is amended to read:
12100. (a) The Legislature finds that the
unique aspects of information technology, as defined in
Section 11702 of the Government Code, technology
projects, as defined in Chapter 4800 of the State Administrative
Manual and not delegated under subdivision (e) of Section 12102.2,
and their importance to state programs warrant a separate
acquisition authority. The Legislature further finds that this
separate authority should enable the timely acquisition of
information technology goods and services in order
to meet the state's needs in the most value-effective manner.
All contracts for the acquisition of information technology goods
or services, whether by lease or purchase, shall be made by or under
the supervision of the Department of General Services.
(b) (1) All contracts for the acquisition of information
technology projects, reportable under Chapter 4800 of the State
Administrative Manual and not delegated under subdivision (e) of
Section 12102.2, shall be made by or under the supervision of the
Department of Technology consistent with the requirements of this
chapter.
(2) The Department of Technology shall have the authority
necessary for the acquisition of information technology projects as
prescribed in this chapter.
(c) The Department of Technology shall have the final authority in
the determination of information technology procurement policy.
(d) The Department of Technology shall have the final authority in
the determination of information technology procurement procedures
applicable to acquisitions of information technology projects
reportable under Chapter 4800 of the State Administrative Manual and
not delegated under subdivision (e) of Section 12102.2 and
telecommunications procurements made pursuant to Section 12120.
(e) The Department of Technology shall have the final authority in
the determination of procurement policy in telecommunications
procurements made pursuant to Section 12120.
(f) Unless otherwise expressly provided, all contracts for the
acquisition of information technology goods or services, whether by
lease or purchase, shall be made by or under the supervision of the
Department of General Services.
(g) Unless otherwise expressly provided, the Department of General
Services shall have the final authority in the determination of
information technology procurement procedures.
SEC. 62. Section 12100.5 of the Public
Contract Code is amended to read:
12100.5. The Regents of the University of California, the
Trustees of the California State University, and the Board of
Governors of the California Community Colleges shall not be subject
to this chapter except that the trustees shall develop policies and
procedures maintained in its
state university administrative manual and the board shall adopt
policies and procedures maintained in its administrative manual that
further the legislative policies for contracting expressed in this
chapter but without the involvement of the Director of Finance
and , the Director of General Services
or , the Department of Finance
and , the Department of General Services ,
the Director of Technology, or the Department of Technology .
SEC. 63. Section 12100.7 of the Public
Contract Code is amended to read:
12100.7. As used in this chapter:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Information technology" shall have the same definition as set
forth in Section 11702 of the Government Code.
(d)
(a) "Multiple award schedule" (MAS) is an agreement
established between the General Services Administration of the United
States and certain suppliers to do business under specific prices,
terms, and conditions for specified goods, information technology,
and services.
(e)
(b) "Multiple award" means a contract of indefinite
quantity for one or more similar goods, information technology, or
services to more than one supplier.
(f) "Office" means the office in the department, by whatever name
it may be called, which is responsible for contracting for goods and
information technology, and is headed by the state procurement
officer.
(g)
(c) "Procedures" means the specific methods or
courses of action to implement policies for rules,
methods, and practices to be followed in conducting information
technology procurement. procurements.
(h) For purposes of this chapter, "policies" may be defined as
setting general principles and standards for the acquisition of
information technology.
(d) "Policies" means determining what information technology goods
or services are to be purchased and by whom.
(i)
(e) For purposes of this chapter, "value-effective
acquisition" may be defined to include, but not be limited to, the
following:
(1) The operational cost that the state would incur if the bid or
proposal is accepted.
(2) Quality of the product or service, or its technical
competency.
(3) Reliability of delivery and implementation schedules.
(4) The maximum facilitation of data exchange and systems
integration.
(5) Warranties, guarantees, and return policy.
(6) Supplier financial stability.
(7) Consistency of the proposed solution with the state's planning
documents and announced strategic program direction.
(8) Quality and effectiveness of business solution and approach.
(9) Industry and program experience.
(10) Prior record of supplier performance.
(11) Supplier expertise with engagements of similar scope and
complexity.
(12) Extent and quality of the proposed participation and
acceptance by all user groups.
(13) Proven development methodologies and tools.
(14) Innovative use of current technologies and quality results.
SEC. 64. Section 12101 of the Public
Contract Code is amended to read:
12101. It is the intent of the Legislature that policies and
procedures developed by the California Technology
Agency and procedures developed by Department of
Technology and the Department of General Services in accordance
with Section 12102 this chapter
provide for the following:
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 65. Section 12101.2 of the Public
Contract Code is amended to read:
12101.2. Commencing on January 1, 1994, the department
The Department of General Services shall
prenegotiate the repetitively used terms and conditions in the state'
s model contract with each interested vendor who bids or proposes on
electronic data processing or telecommunications procurements. The
contract language shall be kept on file, as a matter of public
record, and shall remain operational until either the state or the
vendor provides 30 days' notice to the other party that new
negotiations are deemed appropriate.
If, for a particular procurement, the state seeks to make any
further changes to either the negotiated or the standard contract
language, or both, it shall identify those changes to each bidder or
proposer prior to the due date for the bid or proposal. If for a
particular procurement, a bidder or proposer seeks to propose a
negotiated change or standard contract language change, it shall make
this identification within the timeframe identified in the
solicitation document.
SEC. 66. Section 12101.5 of the Public
Contract Code is amended to read:
12101.5. (a) It is the intent of the Legislature that agencies of
the state use an acquisition method that is compatible with their
short- and long-term fiscal needs in contracts relating to
commodities and information technology goods and services. State
agencies should be able to specify their anticipated life cycle
requirements that would become one of the criteria for contractor
selection. These agencies should be given the choice of suppliers to
meet statewide standardization needs, unique service requirements,
application requirements, and long-term satisfaction criteria. There
is a need for the state to enter into long-term contracts with annual
cancellation and fund-out clauses, as required, to protect the state'
s interests as well as provide the option for multiyear renewals to
encourage suppliers to develop higher levels of service and support
throughout the contracts.
(b) The state may utilize multiple awards, including federal
General Service Administration Multiple Awards Schedules and master
agreements or contracts for goods, information technology, services,
or consulting services. For purposes of this subdivision, a multiple
award is an award of an indefinite quantity contract for one or more
similar goods, information technology, or services to more than one
supplier. Except for possible multiple awards as permitted by this
subdivision, and except as described in subdivision (d), all the
requirements of this chapter pertaining to other types of information
technology acquisitions shall be followed. The department
Department of General Services shall
administer this section and ensure that multiple award
schedules are in compliance with all other applicable statutes.
(c) Notwithstanding any other provision of law, state agencies, in
exercising their contracting authority delegated by the
department, Department of General Services, may
contract with suppliers who have multiple award schedules with the
General Services Administration of the United States on the same
terms, conditions, and prices if the supplier is willing to do so.
The department Department of General Services
may also develop multiple award schedules or agreements for
use by state agencies in the same manner. The department
Department of General Services shall determine
the delegation contracting authority for agencies wishing to use
multiple award schedules.
(d) For contracts related to information technology integration or
development projects that generate revenues or achieve savings over
a quantifiable baseline of existing costs, state agencies shall
consider and may incorporate performance-based or share-in-savings
contract terms to manage risks and create incentives for successful
contract performance. Performance-based or share-in-savings contracts
may have the following characteristics, among others:
(1) Contract terms that specify business outcomes to be achieved,
not the solution to be provided.
(2) Contract terms that structure the contract to maintain maximum
vendor commitment to project success and minimize risk to the state
by sharing risk with the private sector.
(3) Utilization of "best value" evaluation methods, which means to
select the solution that will achieve the best result based on
business performance measures, not necessarily the lowest price.
(4) Contract terms that base payments to the vendor primarily on
achieving predefined performance measures.
SEC. 67. Section 12102 of the Public
Contract Code is amended to read:
12102. (a) The Department of General
Services shall maintain, in the State Administrative Manual, all
policies and procedures governing the acquisition and disposal
of information technology goods and services , including, but
not limited to, the policies and procedures that the Department of
Technology is authorized to establish for the acquisition of
information technology projects. The Department of Technology shall
provide a link to information technology policies and procedures in
the State Administrative Manual on the homepage of the
Internet Web site .
(a) Aquistion
(b) Except as specified in Section
12102.1, acquisition information technology goods and services
shall be conducted through competitive means, except when the
Director of General Services determines that (1) the goods and
services proposed for acquisition are the only goods and services
which can meet the state's need, or (2) the goods and services are
needed in cases of emergency where immediate acquisition is necessary
for the protection of the public health, welfare, or safety. The
acquisition mode to be used and the procedure to be followed shall be
approved by the Director of General Services. The Department of
General Services shall maintain, in the State Administrative Manual,
appropriate criteria and procedures to ensure compliance with the
intent of this chapter. These criteria and procedures shall include
acquisition and contracting guidelines to be followed by state
agencies with respect to the acquisition of information technology
goods and services. These guidelines may be in the form of standard
formats or model formats.
(b) Contract awards for all large-scale systems integration
projects shall be based on the proposal that provides the most
value-effective solution to the state's requirements, as determined
by the evaluation criteria contained in the solicitation document.
Evaluation criteria for the acquisition of information technology
goods and services, including systems integration, shall provide for
the selection of a contractor on an objective basis not limited to
cost alone.
(1) The Department of General Services shall invite active
participation, review, advice, comment, and assistance from the
private sector and state agencies in developing procedures to
streamline and to make the acquisition process more efficient,
including, but not limited to, consideration of comprehensive
statements in the request for proposals of the business needs and
governmental functions, access to studies, planning documents,
feasibility study reports and draft requests for proposals applicable
to solicitations, minimizing the time and cost of the proposal
submittal and selection process, and development of a procedure for
submission and evaluation of a single proposal rather than multiple
proposals.
(2) Solicitations for acquisitions based on evaluation criteria
other than cost alone shall provide that sealed cost proposals shall
be submitted and that they shall be opened at a time and place
designated in the solicitation for bids and proposals. Evaluation of
all criteria, other than cost, shall be completed prior to the time
designated for public opening of cost proposals, and the results of
the completed evaluation shall be published immediately before the
opening of cost proposals. The state's contact person for
administration of the solicitation shall be identified in the
solicitation for bids and proposals, and that person shall execute a
certificate under penalty of perjury, which shall be made a permanent
part of the official contract file, that all cost proposals received
by the state have been maintained sealed and under lock and key
until the time cost proposals are opened.
(c) The acquisition of hardware acquired independently of a system
integration project may be made on the basis of lowest cost meeting
all other specifications.
(d) The 5 percent small business preference provided for in
Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3
of Title 2 of the Government Code and the regulations implementing
that chapter shall be accorded to all qualifying small businesses.
(e) For all transactions formally advertised, evaluation of
bidders' proposals for the purpose of determining contract award for
information technology goods shall provide for consideration of a
bidder's best financing alternatives, including lease or purchase
alternatives, if any bidder so requests, not less than 30 days prior
to the date of final bid submission, unless the acquiring agency can
prove to the satisfaction of the Department of General Services that
a particular financing alternative should not be so considered.
(f) Acquisition authority may be delegated by the Director of
General Services to any state agency that has been determined by the
Department of General Services to be capable of effective use of that
authority. This authority may be limited by the Department of
General Services. Acquisitions conducted under delegated authority
shall be reviewed by the Department of General Services on a
selective basis.
(g) To the extent practical, the solicitation documents shall
provide for a contract to be written to enable acquisition of
additional items to avoid essentially redundant acquisition processes
when it can be determined that it is economical to do so.
Further, it is the intent of the Legislature that, if a state
information technology advisory committee or a state
telecommunications advisory committee is established by the Governor,
or the Director of General Services, the policies and procedures
developed by the Director of General Services in accordance with this
chapter shall be submitted to that committee, including supplier
representatives, for review and comment, and that the comment be
considered by both departments prior to the adoption of any policy or
procedure. It is also the intent of the Legislature that this
section shall apply to the Department of General Services Information
Technology Customer Council.
(h) Protest procedures shall be developed to provide bidders an
opportunity to protest any formal, competitive acquisition conducted
in accordance with this chapter. The procedures shall provide that
protests must be filed no later than five working days after the
issuance of an intent to award. Authority to protest may be limited
to participating bidders. The Director of General Services, or a
person designated by the director, may consider and decide on initial
protests. A decision regarding an initial protest shall be final. If
prior to the last day to protest, any bidder who has submitted an
offer files a protest with the department against the awarding of the
contract on the ground that his or her bid or proposal should have
been selected in accordance with the selection criteria in the
solicitation document, the contract shall not be awarded until either
the protest has been withdrawn or the State Board of Control has
made a final decision as to the action to be taken relating to the
protest. Within 10 calendar days after filing a protest, the
protesting bidder shall file with the State Board of Control a full
and complete written statement specifying in detail the grounds of
the protest and the facts in support thereof.
(i) Information technology goods that have been determined to be
surplus to state needs shall be disposed of in a manner that will
best serve the interests of the state. Procedures governing the
disposal of surplus goods may include auction or transfer to local
governmental entities.
(j) A supplier may be excluded from bid processes if the supplier'
s performance with respect to a previously awarded contract has been
unsatisfactory, as determined by the state in accordance with
established procedures that shall be maintained in the State
Administrative Manual. This exclusion may not exceed 36 months for
any one determination of unsatisfactory performance. Any supplier
excluded in accordance with this section shall be reinstated as a
qualified supplier at any time during this 36-month period, upon
demonstrating to the department's satisfaction that the problems that
resulted in the supplier's exclusion have been corrected.
SEC. 68. Section 12102.1 is added to the
Public Contract Code , to read:
12102.1. (a) The Department of Technology shall establish in the
State Administrative Manual all of the following:
(1) Policies governing the acquisition of information technology
projects.
(2) Procedures governing the acquisition of information technology
projects reportable under Chapter 4800 of the State Administrative
Manual and not delegated under subdivision (e) of Section 12102.2.
(3) Policies and procedures governing the acquisition of
telecommunications goods and services, as authorized under Section
12120.
(b) Acquisition of information technology goods and services that
are subject to subdivision (a) shall be conducted through competitive
means, except when the Director of Technology determines that (1)
the goods and services proposed for acquisition are the only goods
and services that can meet the state's need, or (2) the goods and
services are needed for an emergency and immediate acquisition and
are necessary for the protection of the public health, welfare, or
safety. The acquisition mode to be used and the procedure to be
followed shall be approved by the Director of Technology. The
Department of Technology shall establish, in the State Administrative
Manual, appropriate criteria and procedures to ensure compliance
with the intent of this chapter. These criteria and procedures shall
include acquisition and contracting guidelines to be followed by
state agencies with respect to the acquisition of information
technology projects that are reportable under State Administrative
Manual Section 4800 et seq. These guidelines may be in the form of
standard formats or model formats.
SEC. 69. Section 12102.2 is added to the
Public Contract Code , to read:
12102.2. (a) Contract awards for all large-scale systems
integration projects shall be based on the proposal that provides the
most value-effective solution to the state's requirements, as
determined by the evaluation criteria contained in the solicitation
document. Evaluation criteria for the acquisition of information
technology goods and services, including systems integration, shall
provide for the selection of a contractor on an objective basis not
limited to cost alone.
(1) The Department of Technology shall invite active
participation, review, advice, comment, and assistance from the
private sector and state agencies in developing procedures to
streamline and to make the acquisition process more efficient,
including, but not limited to, consideration of comprehensive
statements in the request for proposals of the business needs and
governmental functions, access to studies, planning documents,
feasibility study reports and draft requests for proposals applicable
to solicitations, minimizing the time and cost of the proposal
submittal and selection process, and development of a procedure for
submission and evaluation of a single proposal rather than multiple
proposals.
(2) Solicitations for acquisitions based on evaluation criteria
other than cost alone shall provide that sealed cost proposals shall
be submitted and that they shall be opened at a time and place
designated in the solicitation for bids and proposals. Evaluation of
all criteria, other than cost, shall be completed prior to the time
designated for public opening of cost proposals, and the results of
the completed evaluation shall be published immediately before the
opening of cost proposals. The state's contact person for
administration of the solicitation shall be identified in the
solicitation for bids and proposals, and that person shall execute a
certificate under penalty of perjury, which shall be made a permanent
part of the official contract file, that all cost proposals received
by the state have been maintained sealed and under lock and key
until the time cost proposals are opened.
(b) The acquisition of hardware acquired independently of a system
integration project may be made on the basis of lowest cost meeting
all other specifications.
(c) The 5 percent small business preference provided for in
Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3
of Title 2 of the Government Code and the regulations implementing
that chapter shall be accorded to all qualifying small businesses.
(d) For all transactions formally advertised, evaluation of
bidders' proposals for the purpose of determining contract award for
information technology goods shall provide for consideration of a
bidder's best financing alternatives, including lease or purchase
alternatives, if any bidder so requests, not less than 30 days prior
to the date of final bid submission, unless the acquiring agency can
prove to the satisfaction of the Department of General Services that
a particular financing alternative should not be so considered.
(e) Acquisition authority may be delegated by the Director of
General Services to any state agency that has been determined by the
Department of General Services to be capable of effective use of that
authority. This authority may be limited by the Department of
General Services. Acquisitions conducted under delegated authority
shall be reviewed by the Department of General Services on a
selective basis.
(f) To the extent practical, the solicitation documents shall
provide for a contract to be written to enable acquisition of
additional items to avoid essentially redundant acquisition processes
when it can be determined that it is economical to do so.
(g) Protest procedures shall be developed to provide bidders an
opportunity to protest any formal, competitive acquisition conducted
in accordance with this chapter. The procedures shall provide that
protests must be filed no later than five working days after the
issuance of an intent to award. Authority to protest may be limited
to participating bidders. The Director of Technology, or a person
designated by the director, may consider and decide on initial
protests of bids for information technology projects conducted by the
Department of Technology and telecommunications procurement made
pursuant to Section 12120. The Director of the Department of General
Services, or a person designated by the director, may consider and
decide on initial protests of all other information technology
acquisitions. A decision regarding an initial protest shall be final.
If prior to the last day to protest, any bidder who has submitted an
offer files a protest with the department against the awarding of
the contract on the ground that his or her bid or proposal should
have been selected in accordance with the selection criteria in the
solicitation document, the contract shall not be awarded until either
the protest has been withdrawn or the California Victim Compensation
and Government Claims Board has made a final decision as to the
action to be taken relating to the protest. Within 10 calendar days
after filing a protest, the protesting bidder shall file with the
Victims Compensation and Government Claims Board a full and complete
written statement specifying in detail the grounds of the protest and
the facts in support thereof.
(h) Consistent with the procedures established and
administered by the Department of General Services, information
technology goods that have been determined to be surplus to state
needs shall be disposed of in a manner that will best serve the
interests of the state. Procedures governing the disposal of surplus
goods may include auction or transfer to local governmental entities.
(i) A supplier may be excluded from bid processes if the supplier'
s performance with respect to a previously awarded contract has been
unsatisfactory, as determined by the state in accordance with
established procedures that shall be maintained in the State
Administrative Manual. This exclusion may not exceed 36 months for
any one determination of unsatisfactory performance. Any supplier
excluded in accordance with this section shall be reinstated as a
qualified supplier at any time during this 36-month period, upon
demonstrating to the Department of General Services' satisfaction
that the problems that resulted in the supplier's exclusion have been
corrected.
SEC. 70. Section 12103 of the Public
Contract Code is amended to read:
12103. In addition to the mandatory requirements enumerated in
Section Sections 12102, 12102.1,
and 12102.2, the acquisition policies and procedures
developed and maintained by the
California Technology Agency and procedures developed and maintained
by the Department of General Services Department of
Technology and the Department of General Services in accordance
with this chapter may provide for the following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 71. Section 12103.5 of the Public
Contract Code is amended to read:
12103.5. Beginning January 1, 2007, for
For those information technology purchases for which the
department Department of General Services or
the Department of Technology determines that a request for
proposal (RFP) is appropriate, the controlling department
, as specified under Section 12100, shall
identify and document the following, with respect to information
technology procurements, prior to releasing the RFP:
(a) Identify the legislative mandate, state business, or
operational reason for the information technology procurement.
(b) Identify the existing business processes currently used to
accomplish the legislative mandate, state business, or operational
reason.
(c) Identify the most important priorities for the information
technology project to accomplish.
(d) Identify what current technology is being used and how it is
being used.
(e) If the data used in a proposed information technology system
comes from multiple sources, identify the existing business processes
or technical systems that produce and maintain the source data to
ensure interoperability.
(f) Identify how the new information technology project leverages
existing technology investments while accomplishing its business
objectives.
SEC. 72. Section 12104 of the Public
Contract Code is amended to read:
12104. (a) (1) Commencing on or before January 1, 2007,
the The State Contracting Manual shall set forth
all procedures and methods that shall be used by the
department state when seeking to obtain bids for
the acquisition of information technology.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's
Internet Web site homepage of the
Department of General Services. The Department of Technology shall
provide a link to the State Contracting Manual on its Internet Web
site homepage .
(b) The department, in consultation with the California Technology
Agency, shall develop, implement, and maintain standardized methods
for the development of information technology requests for proposals.
(b) The Department of General Services and the Department of
Technology in accordance with this chapter shall develop, implement,
and maintain standardized methods for the development of all
information technology requests for proposals.
(c) All information technology requests for proposals shall be
reviewed by the California Technology Agency and the
Department of General Services Department of
Technology prior to release to the public.
SEC. 73. Section 12104.5 of the Public
Contract Code is amended to read:
12104.5. (a) All rules and requirements governing an information
technology acquisition, for which the department
Department of General Services or the Department of Technology
determines that a request for proposal (RFP) is appropriate,
shall be communicated in writing to all vendors that have expressed
an intent to bid and shall be posted in a public location. Any
changes to the rules and requirements governing that RFP shall be
communicated in writing to all vendors that have expressed an intent
to bid and shall be posted in a public location. No
requirements Requirements other than those
provided by law or outside of the published RFP and posted addendums
shall not be used by the department to
score bids.
(b) (1) All requests for proposals shall contain the following
statement:
"It is unlawful for any person engaged in business within this
state to sell or use any article or product as a "loss leader" as
defined in Section 17030 of the Business and Professions Code."
(2) On and after March 31, 2010, and until December 31, 2011, if a
request for proposal does not contain the statement required by
paragraph (1), the awarding agency shall report this error to the
department within 30 days of the date the awarding agency discovers
this error.
(3)
(2) The department Department
of General Services shall post in the State Contracting Manual
instructions for including the statement required by paragraph (1) in
all affected contracts.
(4)
(3) The statement required by paragraph (1) shall be
deemed to be part of a request for proposal even if the statement is
inadvertently omitted from the request for proposal.
(c) The requirements of this section shall be in addition to any
other requirement provided by law.
SEC. 74. Section 12105 of the Public
Contract Code is amended to read:
12105. The Department of General Services and the
California Technology Agency Department of Technology
shall coordinate in the development of policies and procedures
that implement the intent of this chapter. The California
Technology Agency shall have the final authority in the determination
of any general policy and the Department of General Services shall
have the final authority in the determination of any procedures.
SEC. 75. Section 12106 of the Public
Contract Code is amended to read:
12106. The Department of General Services and the Department
of Technology may, in addition to fulfilling the mandatory
requirements enumerated in Section Sections
12102, 12102.1, and 12102.2, adopt such rules and
regulations as are necessary for the purposes of this chapter.
SEC. 76. Section 12108 of the Public
Contract Code is amended to read:
12108. Until the time that the Department of General Services
has and the Department of Technology have
published in the State Administrative Manual the procedures
required in accordance with Section 12102, acquisitions of
information technology goods and services shall be accomplished in
accordance with either existing State Administrative Manual
procedures for the acquisition of information technology goods and
services, or Article 2 (commencing with Section 14790) of Chapter 6
of Part 5.5 of Division 3 of Title 2 of the Government Code, as
determined by the Department of General Services.
SEC. 77. Section 12109 of the Public
Contract Code is amended to read:
12109. The Director of General Services and the Director of
Technology may make the services of the department
their respective departments under this chapter
available, upon the terms and conditions that may be deemed
satisfactory, to any tax-supported public agency in the state,
including a school district, for assisting the agency in the
acquisition of information technology goods or services.
SEC. 78. Section 12112 of the Public
Contract Code is amended to read:
12112. (a) Any contract for information technology goods or
services, to be manufactured or performed by the contractor
especially for the state and not suitable for sale to others in the
ordinary course of the contractor's business may provide, on the
terms and conditions that the controlling department ,
as specified in Section 12100, deems necessary to protect the
state's interests, for progress payments for work performed and costs
incurred at the contractor's shop or plant, provided that not less
than 10 percent of the contract price is required to be withheld
until final delivery and acceptance of the goods or services.
Notwithstanding this subdivision, if the department determines that
lesser withholding levels are appropriate based upon an evaluation of
risk determined under subdivision (b) and the contract price is ten
million dollars ($10,000,000) or more, the department shall withhold
no less than 5 percent of the contract price until final delivery and
acceptance of the goods or services. If the department determines
that lesser withholding levels are appropriate based on an evaluation
of risk determined under subdivision (b) and the contract price is
less than ten million dollars ($10,000,000), the department shall
withhold no less than 3 percent of the contract price until final
delivery and acceptance of the goods or services.
(b) The department, Department of General
Services, in consultation with the Department of Finance, shall
develop and maintain criteria for the evaluation of risk to the
state that results from the acquisition of information technology.
This risk analysis shall determine the need for financial protection
that is in the best interest of the state, including, but not limited
to, any of the following:
(1) An acceptable performance bond as described in Chapter 2
(commencing with Section 995.010) of Title 14 of Part 2 of the Code
of Civil Procedure.
(2) Any surety as defined in Section 2787 of the Civil Code.
(3) A letter of credit as described in Division 5 (commencing with
Section 5101) of the Commercial Code.
(4) Protection in the form of contract terms.
(5) Any other form of security or guaranty of performance in an
amount sufficient to protect the state in the case of default by the
contractor providing information technology, or any other breach or
malfunction of the goods or services, or both.
(c) The department shall, on or before June 1, 2008, submit the
criteria developed and maintained pursuant to subdivision (b) to the
Joint Legislative Budget Committee and to the State Chief Information
Officer.
(d) The State Chief Information Officer shall, on or before July
1, 2012, do both of the following:
(1) Review and report to the Legislature on all contracts approved
pursuant to this section on and after January 1, 2008.
(2) Report to the Legislature any recommendations for changes to
this section or changes to the criteria developed and maintained by
the department pursuant to subdivision (b).
(e)
(c) For purposes of this section, "information
technology" means information technology goods or services, or both,
as appropriate.
SEC. 79. Section 12120 of the Public
Contract Code is amended to read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
All contracts Any contract for the
acquisition of telecommunications services and all contracts
any contract for the acquisition of
telecommunications goods, whether by lease or purchase, shall be made
by, or under the supervision of, the California Technology
Agency Department of Technology . All
acquisitions Any acquisition shall be
accomplished in accordance with Chapter 3 (commencing with Section
12100), relating to the acquisition of information technology goods
and services, except to the extent any directive or provision is
uniquely applicable to information technology acquisitions. The
agency Department of Technology shall
have responsibility for the establishment of policy and procedures
for telecommunications. The agency shall have responsibility
for the establishment of tactical policy and procedures for
information technology and telecommunications acquisitions consistent
with statewide strategic policy. The Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
agency with regard to acquisition of telecommunications goods and
services by the California State University and the California
Community Colleges, respectively. The trustees and the board shall
each grant to the agency an opportunity to bid whenever the
university or the college system solicits bids for telecommunications
goods and services.
SEC. 80. Section 12121 of the Public
Contract Code is repealed.
12121. As used in this chapter:
(a) "Agency" means the California Technology Agency.
(b) "Tactical policy" means the policies of an organization
necessary to direct operational staff in carrying out their
day-to-day activities.
(c) "Strategic policy" means policy which defines the goals and
objectives for an organization.
SEC. 81. Section 12125 of the Public
Contract Code is amended to read:
12125. There is hereby established the Alternative Protest
Process to be administered by the Department of General Services
and the Department of Technology in accordance with Chapter 3
(commencing with Section 12100) of Part 2 of Division 2 and this
chapter .
SEC. 82. Section 12126 of the Public
Contract Code is amended to read:
12126. (a) Notwithstanding any other provision of
law, any department or agency may use the solicitation and
alternative protest procedures outlined in this chapter for
solicitations authorized under Chapter 2 (commencing with Section
10290) or Chapter 3 (commencing with Section 12100). The Department
of General Services shall develop procedures and guidelines for the
implementation of this alternative protest process.
(b) To be eligible for this alternative protest process, the
contracting department shall agree to participate in the Alternative
Protest Process and the Department of General Services or the
Department of Technology, as appropriate, shall indicate that
the proposed solicitation shall be conducted as part of the
Alternative Protest Process prior to release of the solicitation.
Submission of a bid constitutes consent for participation in the
Alternative Protest Process. Any protests filed in relation to the
proposed contract award shall be conducted under the procedures set
forth by the Department of General Services for the Alternative
Protest Process.
(c) Notwithstanding any other provision of law
to the contrary, any bid protest conducted under this chapter shall
include one or more of the following alternative procedures:
(1) The Alternative Protest Process shall not prevent the
commencement of work in accordance with the terms of any other
contract awarded pursuant to this chapter. A contract may be entered
into pending a final decision on the protest.
(2) The Department of General Services , in bid protests for
procurements it conducts or supervises, shall review the protest
within seven days of the filing date to determine if the protest is
frivolous. If determined to be frivolous, the protest shall not
proceed under this chapter until the bidder posts a protest bond in
an amount not less than 10 percent of the estimated contract value,
as determined by the Department of General Services in the
solicitation.
(3) The Department of Technology, in bid protests for procurements
it conducts or supervises pursuant to paragraph (1) of subdivision
(b) of Section 12100 and telecommunications procurements made
pursuant to Section 12120, shall review the protest within seven days
of the filing date to determine if the protest is frivolous. If
determined to be frivolous, the protest shall not proceed under this
chapter until the bidder posts a protest bond in an amount not less
than 10 percent of the estimated contract value, as determined by the
Department of Technology in the solicitation.
(3)
(4) The Director of General Services or the
Director of Technology, as appropriate under paragraphs (2) and (3),
shall issue a decision within a period not to exceed 45 days
from the date the protest is filed.
(4)
(5) Arbitration, as defined and established by the
Department of General Services, shall be the resolution tool.
(d) Authority to protest under this chapter shall be limited to
participating bidders.
(1) Grounds for major information technology acquisition protests
shall be limited to violations of the solicitation procedures and
that the protestant should have been selected.
(2) Any other acquisition protest filed pursuant to this chapter
shall be based on the ground that the bid or proposal should have
been selected in accordance with selection criteria in the
solicitation document.
SEC. 83. Section 12128 of the Public
Contract Code is amended to read:
12128. The Department of General Services and the Department
of Technology in accordance with Chapter 3 (commencing with Section
12100) of Part 2 of Division 2 and this chapter shall apply
this chapter to the following categories:
(a) Information technology and ancillary services.
(b) Material, supplies, equipment, and ancillary services.
SEC. 84. Section 9303 of the Public
Resources Code is amended to read:
9303. The directors shall receive no compensation for their
services as such, but each shall may be
allowed reasonable and necessary expenses incurred in attendance at
meetings of the directors or when otherwise engaged in the work of
the district at the direction of the board of directors. The
directors shall fix the amount allowed for necessary expenses, but no
director shall be appointed to any position for which he or she
would receive compensation as a salaried officer or employee of the
district. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 85. Section 75121 of the Public
Resources Code is amended to read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency, the
Secretary for Environmental Protection, the Secretary of Business,
Transportation and Housing, the Secretary of California Health and
Human Services, the Secretary of Business, Consumer Services,
and Housing, and one member of the public to be appointed by
the Governor. The public member shall have a background in land use
planning, local government, resource protection and management, or
community development or revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
SEC. 86. Section 2872.5 of the Public
Utilities Code is amended to read:
2872.5. (a) The commission, in consultation with the
California Emergency Management Agency and the California Technology
Agency Office of Emergency Services , shall open
an investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities that
are authorized to use automatic dialing-announcing devices pursuant
to subdivision (e) of Section 2872, to facilitate notification of
affected members of the public of local emergencies. The commission
shall not establish standards for notification systems or standard
notification protocol unless it determines that the benefits of the
standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 87. Section 2892 of the Public
Utilities Code is amended to read:
2892. (a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code). "911" shall be the primary access number for those
emergency systems. A provider of commercial mobile radio service, in
accordance with all applicable Federal Communication Commission
orders, shall transmit all "911" calls from technologically
compatible commercial mobile radio service communication devices
without requiring user validation or any similar procedure. A
provider of commercial mobile radio service may not charge any
airtime, access, or similar usage charge for any "911" call placed
from a commercial mobile radio service telecommunications device to a
local emergency telephone system.
(b) A "911" call from a commercial mobile radio service
telecommunications device may be routed to a public safety answering
point other than the Department of the California Highway Patrol only
if the alternate routing meets all of the following requirements:
(1) The "911" call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways Code,
under the jurisdiction of the Department of the California Highway
Patrol.
(2) The alternate routing is economically and technologically
feasible.
(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California Highway
Patrol.
(4) The Department of the California Highway Patrol, the
California Technology Agency, Office of Emergency
Services, and the proposed alternate public safety answering
point, in consultation with the wireless industry, providers of "911"
selective routing service, and local law enforcement officials,
determine that it is in the best interest of the public and will
provide more effective emergency service to the public to route "911"
calls that do not originate from a freeway, as defined in Section
23.5 of the Streets and Highways Code, under the jurisdiction of the
Department of the California Highway Patrol to another public safety
answering point.
SEC. 88. Section 2892.1 of the Public
Utilities Code is amended to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the California
Emergency Management Agency and the California Technology Agency,
Office of Emergency Services, shall open an
investigative or other appropriate proceeding to identify the need
for telecommunications service systems not on the customer's premises
to have backup electricity to enable telecommunications networks to
function and to enable the customer to contact a public safety
answering point operator during an electrical outage, to determine
performance criteria for backup systems, and to determine whether the
best practices recommended by the Network Reliability and
Interoperability Council in December 2005, for backup systems have
been implemented by telecommunications service providers operating in
California. If the commission determines it is in the public
interest, the commission shall, consistent with subdivisions (c) and
(d), develop and implement performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 89.
Section 11908.1 of the Public Utilities Code is
amended to read:
11908.1. (a) Notwithstanding Section 11908, a district with a
board having seven directors may provide, by resolution or ordinance,
that each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance
at public meetings of the board or for each day's service rendered as
a director by request of the board, not exceeding a total of six
days in any calendar month, or, in lieu of that compensation, a
salary of not to exceed six hundred dollars ($600) per month subject
to annual adjustments pursuant to subdivision (b), together
with subdivision (b). The resolution or
ordinance may also authorize reimbursement for any
expenses incurred in the performance of his or her
a director's duties required or authorized by
the board. No resolution or ordinance establishing compensation
pursuant to this subdivision shall provide for any automatic increase
in that compensation.
(b) Any district which adopts salaries for directors pursuant to
subdivision (a) may increase those salaries by not more than 5
percent for each calendar year following the operative date of the
last adjustment, commencing with the calendar year following adoption
of the salary or increase.
(c) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 90. Section 11908.2 of the Public
Utilities Code is amended to read:
11908.2. Notwithstanding Section 11908, the board of a district
which has owned and operated an electric distribution system for at
least eight years and has a population of 250,000 or more may
provide, by ordinance or resolution, that each director shall receive
compensation in an amount not to exceed one hundred dollars ($100)
per day for each day's attendance at public meetings of the board or
for each day's service rendered as a director by request of the
board, not exceeding a total of 10 days in any calendar
month, together with month. The ordinance or
resolution may also authorize reimbursement for any expenses
incurred in the performance of his or her the
director's duties required or authorized by the board. The
board may, by resolution or ordinance, increase the compensation per
day by not more than 5 percent for each calendar year following the
operative date of the last adjustment, commencing with the 1988
calendar year. No resolution or ordinance establishing compensation
pursuant to this subdivision shall provide for any automatic increase
in that compensation. For purposes of this section, the
determination of whether a director's activities on any specific day
are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5
of the Government Code. Reimbursement for these expenses is subject
to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 91. Section 22407 of the Public
Utilities Code is amended to read:
22407. Each member of the board of directors shall
may receive compensation in an amount not to
exceed one hundred dollars ($100) for each attendance at the meeting
of the board held within the district, which amount shall be fixed
from time to time by the board. No director, however, shall receive
pay for more than four meetings in any calendar month.
Each director shall may be allowed,
with the approval of the board, all traveling
travel and other expenses necessarily incurred by the member
in the performance of the member's duties. For purposes of this
section, the determination of whether a director's activities on any
specific day are compensable shall be made pursuant to Article 2.3
(commencing with Section 53232) of Chapter 2 of Part 1 of Division 2
of Title 5 of the Government Code. Reimbursement for these expenses
is subject to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 92. Section 41030 of the Revenue
and Taxation Code is amended to read:
41030. The California Technology Agency
Office of Emergency Services shall determine annually, on or
before October 1, a surcharge rate that it estimates will produce
sufficient revenue to fund the current fiscal year's 911 costs. The
surcharge rate shall be determined by dividing the costs (including
incremental costs) the California Technology Agency
Office of Emergency Services estimates for the
current fiscal year of 911 plans approved pursuant to Section 53115
of the Government Code, less the available balance in the State
Emergency Telephone Number Account in the General Fund, by its
estimate of the charges for intrastate telephone communications
services and VoIP service to which the surcharge will apply for the
period of January 1 to December 31, inclusive, of the next succeeding
calendar year, but in no event shall such surcharge rate in any year
be greater than three-quarters of 1 percent nor less than one-half
of 1 percent.
SEC. 93. Section 41031 of the Revenue
and Taxation Code is amended to read:
41031. The California Technology Agency
Office of Emergency Services shall make its determination of
the surcharge rate each year no later than October 1 and shall notify
the board of the new rate, which shall be fixed by the board to be
effective with respect to charges made for intrastate telephone
communication services and VoIP service on or after January 1 of the
next succeeding calendar year.
SEC. 94. Section 41032 of the Revenue
and Taxation Code is amended to read:
41032. Immediately upon notification by the California
Technology Agency Office of Emergency Services
and fixing the surcharge rate, the board shall each year no later
than November 15 publish in its minutes the new rate, and it shall
notify by mail every service supplier registered with it of the new
rate.
SEC. 95. Section 41136 of the Revenue
and Taxation Code is amended to read:
41136. Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes:
(a) A minimum of one-half of 1 percent of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies, as follows:
(1) To pay refunds authorized by this part.
(2) To pay the State Board of Equalization for the cost of the
administration of this part.
(3) To pay the office of the State Chief Information
Officer Office of Emergency Services for its
costs in administration of the "911" emergency telephone number
system.
(4) To pay bills submitted to the office of the State
Chief Information Officer Office of Emergency Services
by service suppliers or communications equipment companies for
the installation of, and ongoing expenses for, the following
communications services supplied to local agencies in connection with
the "911" emergency phone number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs.
(5) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
(6) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency telephone
number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the office of
the State Chief Information Officer. Office of
Emergency Services.
(b) (1) For the purposes of paragraph (5) of subdivision (a), the
term incremental costs shall include a maximum of one-quarter of 1
percent of the charges for intrastate telephone communications
services and VoIP service to which the surcharge applies for a
one-time payment to Primary Public Safety Answering Points for the
cost necessary to recruit and train additional personnel necessary to
accept wireless enhanced "911" calls from within their jurisdiction
routed directly to their call centers.
(2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these services.
(3) This subdivision shall remain in effect only until December
31, 2011.
SEC. 96. Section 41136.1 of the Revenue
and Taxation Code is amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the California Technology Agency,
Office of Emergency Services, even if the
projects have not yet commenced.
SEC. 97. Section 41137 of the Revenue
and Taxation Code is amended to read:
41137. The California Technology Agency
Office of Emergency Services shall pay, from funds appropriated
from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by service
suppliers or communications equipment companies for the installation
and ongoing costs of the following communication services provided
local agencies by service suppliers in connection with the "911"
emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
California Technology Agency. Office of
Emergency Services.
SEC. 98. Section 41137.1 of the Revenue
and Taxation Code is amended to read:
41137.1. The California Technology Agency
Office of Emergency Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the California
Technology Agency Office of Emergency Services
for approval on or before October 1, 1978, as provided in Section
53115 of the Government Code.
SEC. 99. Section 41138 of the Revenue
and Taxation Code is amended to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the California Technology Agency.
Office of Emergency Services. The
California Technology Agency Office of
Emergency Services shall negotiate supplier pricing to ensure
cost effectiveness and the best value for the "911" emergency
telephone number system. The California Technology Agency
Office of Emergency Services shall
pay those bills as provided in Section 41137 only under the following
conditions:
(1) The California Technology Agency
Office of Emergency Services shall have received the local
agency's "911" emergency telephone number system plan by July 1 of
the prior fiscal year and approved the plan by October 1 of the prior
fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The California Technology Agency
Office of Emergency Services has reviewed and approved each
line item of a request for funding to ensure the necessity of the
proposed equipment or services and the eligibility for reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the California Technology
Agency. Office of Emergency Services.
Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the California
Technology Agency. Office of Emergency Services.
In determining the reimbursement rate, the California
Technology Agency Office of Emergency
Services shall utilize the approved pricing submitted by the
supplier providing the equipment or service.
(b) Nothing in this This section
shall not be construed to limit an agency's ability to
select a supplier or procure telecommunications equipment as long as
the supplier's pricing is preapproved by the California
Technology Agency. Office of Emergency Services.
Agencies shall be encouraged to procure equipment on a competitive
basis. Any amount in excess of the pricing approved by the
California Technology Agency Office of
Emergency Services shall not be reimbursed.
SEC. 100. Section 41139 of the Revenue
and Taxation Code is amended to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the California
Technology Agency Office of Emergency
Services shall begin paying bills as provided in Sections
41137, 41137.1, and 41138 in the 1977-78 fiscal year for plans
submitted by local agencies by July 1, 1976, to the
California Technology Agency Office
of Emergency Services which the California
Technology Agency Office of Emergency
Services has approved.
SEC. 101. Section 41140 of the Revenue
and Taxation Code is amended to read:
41140. The California Technology Agency
Office of Emergency Services shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by agencies
for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency telephone
number, provided local agency plans had been approved by the
California Technology Agency: Office of Emergency
Services:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
SEC. 102. Section 41141 of the Revenue
and Taxation Code is amended to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the California Technology Agency,
Office of Emergency Services, which shall determine payment
eligibility and shall reduce the claim for charges that exceed the
approved incremental costs, approved contract amounts, or the
established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.
SEC. 103. Section 41142 of the Revenue
and Taxation Code is amended to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the California Technology Agency
Office of Emergency Services by
service suppliers or communications equipment companies for the
installation and ongoing communications services supplied local
agencies in connection with the "911" emergency telephone number
system, and to pay claims of local agencies which, prior to the
effective date of this part, paid amounts to service suppliers or
communications equipment companies for the installation and ongoing
expenses in connection with the "911" emergency telephone number
system, the obligation of service suppliers and local agencies to
provide "911" emergency telephone service shall terminate and service
shall not again be required until the Legislature has appropriated
an amount sufficient to pay those bills or claims. Nothing
in this This part shall not preclude
local agencies from purchasing or acquiring any communication
equipment from companies other than the telephone service suppliers.
SEC. 104. Section 5066 of the Vehicle
Code is amended to read:
5066. (a) The department, in conjunction with the California
Highway Patrol, shall design and make available for issuance pursuant
to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license plate
may be issued in a combination of numbers or letters, or both, as
requested by the applicant for the plates. A person described in
Section 5101, upon payment of the additional fees set forth in
subdivision (b), may apply for and be issued a set of California
memorial license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees required
pursuant to Sections 5106 and 5108 shall be deposited proportionately
in the funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the
California Emergency Management Agency Office of
Emergency Services to be used solely for antiterrorism
activities. The agency office shall not
use more than 5 percent of the money appropriated to it
for local antiterrorism efforts for
administrative purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Money deposited in
this fund shall be administered by the Scholarshare Investment Board,
and shall be available, upon appropriation in the annual Budget Act
or in another statute, for distribution or encumbrance by the board
pursuant to Article 21.5 (commencing with Section 70010) of Chapter 2
of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) For the purposes of this section, "antiterrorism activities"
means activities related to the prevention, detection, and emergency
response to terrorism that are undertaken by state and local law
enforcement, fire protection, and public health agencies. The funds
provided for these activities, to the extent that funds are
available, shall be used exclusively for purposes directly related to
fighting terrorism. Eligible activities include, but are not limited
to, hiring support staff to perform administrative tasks, hiring and
training additional law enforcement, fire protection, and public
health personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and
hazardous materials and other equipment expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less than
7,500 in any year, then the department shall no longer issue or
replace those plates.
SEC. 105. Section 21166 of the Water
Code is amended to read:
21166. Notwithstanding any other provision of law, a director,
for sitting on the board or acting under its orders, shall
may receive either or both of the
following:
(a) (1) Except as specified in paragraphs (2) and (3),
compensation not to exceed one hundred dollars ($100) per day, not
exceeding six days in any calendar month.
(2) In districts that produce or distribute electric power, one of
the following methods of compensation:
(A) Compensation not to exceed one hundred dollars ($100) per day.
(B) A monthly salary of not to exceed six hundred dollars ($600)
per month.
(C) Annual compensation not to exceed fifteen thousand dollars
($15,000). Any annual compensation pursuant to this subparagraph
shall be fixed by the adoption of an ordinance pursuant to Sections
20203 to 20207, inclusive.
(3) Districts containing 500,000 acres or more are governed by
Section 22840.
(b) Actual and necessary expenses when acting under the orders of
the board.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 106. Section 30507 of the Water
Code is amended to read:
30507. Each director shall may
receive compensation in an amount not to exceed one hundred dollars
($100) per day for each day's attendance at meetings of the board or
for each day's service rendered as a director by request of the
board, not exceeding a total of six days in any calendar
month, together with month. Each director may also
receive reimbursement for any expenses incurred in the
performance of his or her duties required or authorized by the board.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 107. Section 30507.1 of the Water
Code is amended to read:
30507.1. Each director of the Contra Costa Water District
shall may receive compensation in an
amount not to exceed one hundred dollars ($100) per day for each day'
s attendance at meetings of the board and for each day's service
rendered as a director by request of the board, not exceeding a total
of 10 days in any calendar month, together with
month. Each director may also receive reimbursement for
any expenses incurred in the performance of duties required or
authorized by the board. For purposes of this section, the
determination of whether a director's activities on any specific day
are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5
of the Government Code. Reimbursement for these expenses is subject
to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 108. Section 34741 of the Water
Code is amended to read:
34741. Until their compensation is fixed by the adoption of
bylaws, the officers shall may receive
the following compensation for their services:
(a) The secretary, tax collector, treasurer, and assessor, such
sums as shall be fixed by the board.
(b) Each director shall may receive
compensation in an amount not to exceed one hundred dollars ($100)
per day for each day's attendance at meetings of the board or for
each day's service rendered as a director by request of the board,
not exceeding a total of six days in any calendar month,
together with month. Each director may also receive
reimbursement for any expenses incurred in the performance of
his or her duties required or authorized by the board. For purposes
of this section, the determination of whether a director's activities
on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 109. Section 40355 of the Water
Code is amended to read:
40355. (a) A director, when sitting on the board or acting under
its orders, shall may receive not
exceeding:
(1) One hundred dollars ($100) per day, not exceeding six days in
any calendar month.
(2) Actual and necessary expenses while engaged in official
business under the order of the board.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(c) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
SEC. 110. Section 50605 of the Water
Code is amended to read:
50605. (a) Each member of the board shall
may receive such compensation for services actually and
necessarily performed as the board determines to be just and
reasonable, and shall may be reimbursed
for expenses necessarily incurred in the performance of his duties
as trustee.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government
Code.
SEC. 111. Section 56031 of the Water
Code is amended to read:
56031. The district board shall have power to
may fix the amount of compensation per meeting to be paid
each member of the board for his or her services for each meeting
attended by him or her; provided, that the compensation shall not
exceed ten dollars ($10) for each meeting of the district board
attended by him or her, together with her.
The board may also authorize a member to be reimbursed for
expenses necessarily incurred by him or her in traveling between his
or her place of residence and the place of meeting. However, no
member shall receive compensation for attending more than three
meetings of the board during any calendar month. This compensation
shall be in addition to any other fees or compensation allowed by law
for the other official positions specified in Section 56030 that are
occupied by members of the district board. For purposes of this
section, the determination of whether a director's activities on any
specific day are compensable shall be made pursuant to Article 2.3
(commencing with Section 53232) of Chapter 2 of Part 1 of Division 2
of Title 5 of the Government Code. Reimbursement for these expenses
is subject to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 112. Section 60143 of the Water
Code is amended to read:
60143. Each director shall may
receive compensation in an amount not exceeding one hundred dollars
($100) for each day's attendance at meetings of the board or for each
day's service rendered as a director by request of the board, not
exceeding a total of six days in any calendar month,
together with month. Each director may also receive
reimbursement for any expenses incurred in the performance of
his or her duties required or authorized by the board. For purposes
of this section, the determination of whether a director's activities
on any specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
SEC. 113. Section 70078 of the Water
Code is amended to read:
70078. Each member of the board shall may
receive compensation for services actually and necessarily
performed, as the board determines to be just and reasonable, and
shall may be reimbursed for expenses
necessarily incurred in the performance of his or her duties as
director. The salaries of all officers and employees of the district
shall be fixed and determined by the directors. The board of
directors shall fix the compensation that the election officers shall
receive for district elections. For purposes of this section, the
determination of whether a director's activities on any specific day
are compensable shall be made pursuant to Article 2.3 (commencing
with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5
of the Government Code. Reimbursement for these expenses is subject
to Sections 53232.2 and 53232.3 of the Government Code.
SEC. 114. Section 71255 of the Water
Code is amended to read:
71255. Each director shall may
receive compensation in an amount not to exceed one hundred dollars
($100) per day for each day's attendance at meetings of the board or
for each day's service rendered as a director by request of the
board, not exceeding a total of six days in any calendar
month, together with month. Each director may also
receive reimbursement for any expenses incurred in the
performance of his or her duties required or authorized by the board.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 115. Section 74208 of the Water
Code is amended to read:
74208. Each director shall may
receive compensation in an amount not to exceed one hundred dollars
($100) per day for each day's attendance at meetings of the board or
for each day's service rendered as a director by request of the
board, not exceeding a total of six days in any calendar
month, together with month. Each director may also
receive reimbursement for any expenses incurred in the
performance of his or her duties required or authorized by the board.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 116. Section 656.2 of the Welfare
and Institutions Code is amended to read:
656.2. (a) (1) Notwithstanding any other
provision of law, a victim shall have the right to
present a victim impact statement in all juvenile court hearings
concerning petitions filed pursuant to Section 602 alleging the
commission of any criminal offense. In any case in which a minor is
alleged to have committed a criminal offense, the probation officer
shall inform the victim of the rights of victims to submit a victim
impact statement. If the victim exercises the right to submit a
victim impact statement to the probation officer, the probation
officer shall is encouraged to include
the statement in his or her social study submitted to the court
pursuant to Section 706 and, if applicable, in his or her report
submitted to the court pursuant to Section 707. The probation officer
also shall advise those persons as to the time and place of the
disposition hearing to be conducted pursuant to Sections 702 and 706;
any fitness hearing to be conducted pursuant to Section 707, and any
other judicial proceeding concerning the case.
The
(2) The officer shall also
provide the victim with information concerning the victim's right to
an action for civil damages against the minor and his or her parents
and the victim's opportunity to be compensated from the restitution
fund. The information shall be in the form of written material
prepared by the Judicial Council and shall be provided to each victim
for whom the probation officer has a current mailing address.
(b) Notwithstanding any other provision of law,
the persons from whom the probation officer is required to solicit a
statement pursuant to subdivision (a) shall have the right to attend
the disposition hearing conducted pursuant to Section 702 and to
express their views concerning the offense and disposition of the
case pursuant to Section 706, to attend any fitness hearing conducted
pursuant to Section 707, and to be present during juvenile
proceedings as provided in Section 676.5.
(c) (1) Notwithstanding any other
provision of law, in any case in which a minor is alleged
to have committed an act subject to a fitness hearing under Section
707, the victim shall have the right to be informed of all court
dates and continuances pertaining to the case, and shall further have
the right to obtain copies of the charging petition, the minutes of
the proceedings, and orders of adjudications and disposition of the
court that are contained in the court file. The arresting agency
shall notify the victim in a timely manner of the address and
telephone number of the juvenile branch of the district attorney's
office that will be responsible for the case and for informing the
victim of the victim's right to attend hearings and obtain documents
as provided in this section. The district attorney shall, upon
request, inform the victim of the date of the fitness hearing, the
date of the disposition hearing, and the dates for any continuances
of those hearings, and shall inform the court if the victim seeks to
exercise his or her right to obtain copies of the documents described
in this subdivision.
Where
(2) Where the proceeding against
the minor is based on a felony that is not listed in Section 676, a
victim who obtains information about the minor under this subdivision
shall not disclose or disseminate this information beyond his or her
immediate family or support persons authorized by Section 676,
unless authorized to do so by a judge of the juvenile court, and the
judge may suspend or terminate the right of the victim to access to
information under this subdivision if the information is improperly
disclosed or disseminated by the victim or any members of his or her
immediate family. The intentional dissemination of documents in
violation of this subdivision is a misdemeanor and shall be punished
by a fine of not more than five hundred dollars ($500). Documents
released by the court to a victim pursuant to this section shall be
stamped as confidential and with a statement that the unlawful
dissemination of the documents is a misdemeanor punishable by a fine
of not more than five hundred dollars ($500).
(d) Upon application of the district attorney for good cause and a
showing of potential danger to the public, the court may redact any
information contained in any documents released by the court to a
victim pursuant to this section.
(e) For purposes of this section, "victim" means the victim, the
parent or guardian of the victim if the victim is a minor, or, if the
victim has died, the victim's next of kin.
SEC. 117. On July 1, 2013, the remaining balance,
assets, liabilities, revenue, and expenditures of the Industrial
Relations Construction Industry Enforcement Fund shall be transferred
to the Labor Enforcement and Compliance Fund.
SEC. 118. The Legislature finds and declares that
Section 4 of this act, which adds Section 6252.8 to the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
The interest being protected is the strong interest of the
Legislature in allowing, to the extent possible, local agencies to
control the manner in which they perform their public duties,
including, but not limited to, the manner in which they comply with
the spirit and purpose of the California Public Records Act.
SEC. 119. The amendments made by this act to
Sections 8592.1, 8592.5, 8592.7, 11542, 14615.1, 15251, 15253, 15254,
15275, 15277, 53108.5, 53114.1, 53115.1, and 53126.5 of the
Government Code, Sections 12100, 12100.5, 12100.7, 12101, 12101.2,
12101.5, 12102, 12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108,
12109, 12112, 12120, 12125, 12126, and 12128 of the Public Contract
Code, Sections 2872.5, 2892, and 2892.1 of the Public Utilities Code,
Sections 41030, 41031, 41032, 41136, 41136.1, 41137, 41137.1, 41138,
41139, 41140, 41141, and 41142 of the Revenue and Taxation Code, and
the addition by this act of Section 11543 of, and Chapter 3
(commencing with Section 15278) to Part 6.5 of Division 3 of Title 2
of, the Government Code, and Sections 12102.1 and 12102.2 to the
Public Contract Code, and the repeal by this act of Section 12121 of
the Public Contract Code shall be operative on July 1, 2013.
SEC. 120. It is the intent of the Legislature in
enacting the amendments made by this act to Section 23025 of the
Government Code, Sections 1203, 13518.1, 13701, 13710, and 13730 of
the Penal Code, and Section 656.2 of the Welfare and Institutions
Code to relieve local entities of the duty to perform reimbursable
activities, as determined by the Commission on State Mandates or
other authorized entity, included in the following state-mandated
local programs:
(a) Deaf Teletype Equipment (04-LM-11).
(b) Adult Felony Restitution (04-LM-08).
(c) Pocket Masks (CSM-4291).
(d) Domestic Violence Information (CSM-4442).
(e) Victims' Statements-Minors (04-LM-14).
SEC. 121. 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.
SEC. 122. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.