Amended in Assembly June 12, 2013

Senate BillNo. 71


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn 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.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 71, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2013. end deletebegin insertState government.end insert

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(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.

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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.

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(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.

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This bill would reduce the amount of bonded indebtedness authorized by the Public Education Facilities Bond Act of 1996 by $12,965,000.

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(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.

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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.

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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.

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This bill would make legislative findings to that effect.

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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.

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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.

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(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.

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This bill would repeal this authority given to the Director of General Services and the State Public Works Board.

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(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.

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This bill would create a fund in the State Treasury to carry out these provisions.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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This bill would remove the limit on the number of people, subject to civil service provisions, that the CEA can employ.

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(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.

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Existing law, for certain of those local agencies, requires that the members be compensated for their services, be reimbursed for their expenses, or both.

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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.

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(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.

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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.

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(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.

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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.

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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.

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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.

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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.

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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.

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(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.

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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.

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(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.

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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.

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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.

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This bill would require that the fees be deposited into the Occupational Safety and Health Fund.

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(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.

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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.

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(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.

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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 14 of 1% of the total public works project costs.

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This bill would delete that limitation on the amount the department may charge an awarding body as reimbursement for those costs.

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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 14 of 1% of the state bond proceeds used for the public works project.

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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 14 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.

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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.

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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.

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By increasing the amount of fees that would be deposited into the fund, this bill would make an appropriation.

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(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.

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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.

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(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.

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This bill would instead provide that a probation officer may include these provisions in his or her probation report.

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(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.

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This bill would instead provide that a law enforcement agency may provide these masks and airway assemblies to the above-specified peace officers.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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This bill would instead provide that the probation officer is encouraged to include the statement in his or her social study.

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(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.

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This bill would increase the exemption amount to apply to those contracts under $150,000.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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This bill would add the Secretary of Business, Consumer Services, and Housing to the council.

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(33) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

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Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P15   1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 94874.8 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

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3

begin insert94874.8.end insert  

(a) An institution exempt from all or part of this
4chapter pursuant to subdivision (i) or (j) of Section 94874 or
5Section 94874.1 may apply to the bureau for an approval to operate
6pursuant to this section, but only subject to all of the following
7provisions:

8(1) The bureau may approve the operation of an institution that
9is exempt from all or part of this chapter as specified above in
10accordance with the authority granted pursuant to Article 6
11(commencing with Section 94885). Upon issuing an approval to
12operate to an institution pursuant to this section, the bureau is
13authorized to regulate that institution through the full set of powers
14granted, and duties imposed, by this chapter, as those powers and
15duties would apply to an institution that is not exempt from this
16chapter.

P16   1(2) Notwithstanding any other law, upon issuance of an approval
2to operate pursuant to this section, the institution is no longer
3eligible for exemption, from the provisions of this chapter pursuant
4to subdivision (i) or (j) of Section 94874 or Section 94874.1, unless
5authorized by subsequent legislation.

6(3) Upon issuance of an approval to operate pursuant to this
7section, an institution is subject to all provisions of this chapter,
8and any regulations adopted pursuant to this chapter, that apply
9to an institution subject to this chapter, except as expressly
10provided in paragraph (4).

11(4) (A) With respect to the placement and salary or wage data
12required to be collected, calculated, and reported by Article 16
13(commencing with Section 94928), an institution issued an
14approval to operate pursuant to this section is not required to
15report on its first School Performance Fact Sheet any data from
16the period prior to the date of the issuance of the approval to
17operate that the institution was not required to collect and does
18not have available to it. An institution shall, however, report
19available data collected and calculated in accordance with this
20chapter and applicable regulations, regardless of the purpose for
21which the data was collected. If the required data is unavailable,
22the institution shall also disclose the unavailability of the data on
23all documents required by this chapter and regulations adopted
24pursuant to this chapter. Upon receiving an approval to operate
25pursuant to this section, an institution shall commence to collect
26and calculate all information necessary to comply with Article 16
27(commencing with Section 94928).

28(B) An institution receiving an approval to operate pursuant to
29 this section shall provide to prospective students the School
30Performance Fact Sheet, file that fact sheet with the bureau, and
31post it on the institution’s Internet Web site no later than the first
32August 1 after the institution is approved to operate and no later
33than August 1 of each year thereafter. These School Performance
34Fact Sheets shall report data for the previous two calendar years
35based upon the number of students who began the program or the
36number of graduates for each reported calendar year. If two
37calendar years have not passed since the issuance of the approval
38to operate by the August 1 deadline for the School Performance
39Fact Sheet, unless data for two years is available, the institution
P17   1shall report the required data for the period subsequent to the date
2of the issuance of the notice of approval.

3(b) An institution exempt from all or part of this chapter
4pursuant to subdivision (i) or (j) of Section 94874 or Section
594874.1 that was approved to operate by the bureau before the
6effective date of this section shall be deemed to have been approved
7pursuant to this section.

end insert
8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 100010 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
9read:end insert

10

100010.  

begin deleteAn amount of up to two end deletebegin insertTwo end insertbillionbegin delete twenty-fiveend deletebegin insert twelveend insert
11 millionbegin insert thirtyend insertbegin insert-five thousandend insert dollarsbegin delete ($2,025,000,000)end delete
12begin insert ($2,012,035,000)end insert of the proceeds of bonds issued and sold pursuant
13to this chapter shall be deposited in the State School Building
14Lease-Purchase Fund.

15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 100115 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
16read:end insert

17

100115.  

begin deleteAn amount of up to nine end deletebegin insertNine end inserthundred seventy-five
18million dollars ($975,000,000) of the proceeds of bonds issued
19and sold pursuant to this chapter shall be deposited in the 1996
20Higher Education Capital Outlay Bond Fund, which is hereby
21created.

22begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 6252.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
23read:end insert

begin insert
24

begin insert6252.8.end insert  

(a) Commencing on the effective date of the act adding
25this section, notwithstanding any other law, any mandates set forth
26in the following provisions shall not apply to a local agency.
27Compliance with these provisions shall be at the discretion of the
28local agency. For local agencies, these provisions represent best
29practices which they are encouraged, but are not required, to
30follow:

31(1) The requirement in subdivision (c) of Section 6253 that:

32(A) Within 10 days from receipt of a request for a copy of
33records, provide to the person making the request verbal or written
34notice of the disclosure determination and the reasons for the
35determination. This activity includes, where applicable:

36(i) Drafting, editing, and reviewing a written notice to the person
37making the request, setting forth the reasons for the determination.

38(ii) Obtaining agency head, or his or her designee, approval
39and signature of a written notice of determination.

40(iii) Sending or transmitting the notice to the requestor.

P18   1(B) If the 10-day time limit to notify the person making the
2records request of the disclosure determination is extended due
3to “unusual circumstances,” as defined by paragraphs (1)through
4(4), inclusive, of subdivision (c) of Section 6253 of the Government
5Code, the agency head, or his or her designee, shall provide written
6notice to the person making the request, setting forth the reasons
7of the extension and the date on which a determination is expected
8to be dispatched. This activity includes, where applicable:

9(i) Drafting, editing, and reviewing a written notice to the person
10making the request, setting forth the reasons for the extension of
11time.

12(ii) Obtaining agency head, or his or her designee, approval
13and signature of the notice of determination or notice of extension.

14(iii) Sending or transmitting the notice to the requestor.

15(2) Section 6253.1.

16(3) Section 6253.9. As on this requirement, the local agency
17may determine the format of electronic data to be provided in
18response to a request for information.

19(4) Section 6254.3.

20(5) Subdivision (b) of Section 6255.

21(b) Beginning on January 1, 2014, a local agency that
22determines that it will not follow these best practices, shall so
23announce orally at its next regularly scheduled public meeting
24and annually thereafter at a regularly scheduled public meeting.

end insert
25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8169.6 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
26

8169.6.  

(a) (1) In furtherance of the Capitol Area Plan, the
27objectives of Resolution Chapter 131 of the Statutes of 1991, and
28the legislative findings and declarations contained in Chapter 193
29of the Statutes of 1996, relative to the findings by the Urban Land
30Institute, the director may purchase, exchange, or otherwise acquire
31real property and construct facilities, including any improvements,
32betterments, and related facilities, within the jurisdiction of the
33Capitol Area Plan in the City of Sacramento pursuant to this
34section. The total authorized scope of the project shall consist of
35approximately 1,400,000 gross square feet of office space on
36state-owned land in the Capitol area in downtown Sacramento on
37Block 204 (bounded by 7th, 8th, O, and P Streets) or Block 203
38(bounded by 7th, 8th, N, and O Streets), or both of those blocks.
39The project shall include associated parking onsite and in a parking
40garage to be constructed on Block 266 (bounded by 8th, 9th, Q,
P19   1and R Streets). The project cost shall include the cost of
2rehabilitation of the Heilbron House currently located on Block
3204, and the project cost may include the cost of relocation of the
4Heilbron House.

5(2) The project may include residential development and
6additional commercial space, subject to all of the following
7conditions:

8(A) The inclusion of the residential development and additional
9commercial space shall not reduce the scope of the approximately
101,400,000 gross square feet of office space described in paragraph
11(1).

12(B) The inclusion of the residential development and additional
13commercial space shall not expand the state’s cost beyond that
14authorized in paragraph (3) of subdivision (b).

15(C) Any cost associated with the residential space shall not be
16funded by any lease-revenue bonds authorized for the project.

17(D)  Notwithstanding subdivision (b) of Section 8169, the
18department may sell, lease, or otherwise transfer a portion of the
19parcel not used to develop the approximately 1,400,000 gross
20square feet of office space described in paragraph (1) to the Capitol
21Area Development Authority created by the joint powers agreement
22executed pursuant to Section 8169.4, a private developer, or both,
23for the residential or additional commercial development.

24(E) The residential and additional commercial development
25may be funded and constructed by the Capitol Area Development
26Authority, a private developer, or both.

27(F) In order to address security concerns, no part of the
28residential development may be included in the same structure as
29the approximately 1,400,000 gross square feet of office space
30described in paragraph (1). This restriction applies to residential
31living quarters, residential parking, and any utilities necessary for
32the residential development.

33(b) (1) The department may contract for the lease,
34lease-purchase, lease with an option to purchase, acquisition,
35design, design-build, construction, deconstruction, construction
36management, and other services related to the design and
37construction of the office and parking facilities. If the director
38selects design-build as the method of delivery, the department shall
39use the method of design-build authorized by clause (i) of
40subparagraph (A) of paragraph (3) of subdivision (d) of Section
P20   114661. The State Public Works Board may issue revenue bonds,
2negotiable notes, or negotiable bond anticipation notes pursuant
3to the State Building Construction Act of 1955 (Part 10b
4(commencing with Section 15800) of Division 3) to finance all
5costs associated with the acquisition, design, and construction of
6office and parking facilities for the purposes of this section. The
7State Public Works Board and the department may borrow funds
8for project costs from the Pooled Money Investment Account
9pursuant to Sections 16312 and 16313. In the event the bonds
10authorized by the project are not sold, the Department of General
11Services shall commit a sufficient amount of its support budget to
12repay any outstanding loans. It is the intent of the Legislature that
13this commitment shall be included in future Budget Acts until all
14outstanding loans are repaid either through the proceeds from the
15sale of bonds or from an appropriation.

16(2) The amount of revenue bonds, negotiable notes, or negotiable
17bond anticipation notes to be sold may equal, but shall not exceed,
18the cost of land, planning, preliminary plans, working drawings
19or concept drawings, performance criteria, construction,
20deconstruction, furnishings, equipment, construction management
21and supervision, other costs relating to the design and construction
22of the facilities, exercising any purchase option, and any additional
23sums necessary to pay interim and permanent financing costs. The
24additional amount may include interest and the establishment of
25a reasonable construction reserve fund to ensure that the funds are
26available in the event future augmentations are needed to complete
27the facilities authorized by this section. If the construction reserve
28funds are not needed to complete construction, they shall be used
29to repay the future debt payments.

30(3) Authorized costs of the facilities for planning, concept
31drawings or preliminary plans, working drawings, demolition,
32construction, and other costs shall not exceed three hundred
33ninety-one million dollars ($391,000,000). Notwithstanding Section
3413332.11, the State Public Works Board may authorize the
35augmentation of the amount authorized under this paragraph by
36up to 10 percent of the amount authorized.

37(4) The net present value of the cost to acquire and operate the
38facilities authorized by subdivision (a) may not exceed the net
39present value of the cost to lease and operate an equivalent amount
40of comparable consolidated office space over the same time period.
P21   1The department shall perform this analysis and shall obtain interest
2rates, discount rates, and Consumer Price Index figures from the
3Treasurer. For purposes of this analysis, the department shall
4compare the cost of acquiring and operating the proposed facilities
5with the amount saved from not having to pay the cost of leasing
6and operating an equivalent amount of comparable consolidated
7office space that would no longer need to be leased.

8(5) The department is authorized and directed to execute and
9deliver any and all leases, contracts, agreements, or other
10documents necessary or advisable to consummate the sale of bonds
11or otherwise effectuate the financing of the project described in
12this section.

13(6) The State Public Works Board shall not itself be deemed a
14lead or responsible agency for purposes of the California
15Environmental Quality Act (Division 13 (commencing with Section
1621000) of the Public Resources Code) for any activities under the
17State Building Construction Act of 1955 (Part 10b (commencing
18with Section 15800) of Division 3). This paragraph does not
19exempt the department from the requirements of the California
20Environmental Quality Act. This paragraph is declarative of
21existing law.

end delete
22begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 8250.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
23read:end insert

begin insert
24

begin insert8250.1.end insert  

The Women and Girls Fund is hereby created as a
25fund in the State Treasury to carry out this chapter in support of
26the commission upon appropriation by the Legislature in the
27annual Budget Act. Subject to the approval of the Department of
28Finance, all moneys collected or received by the commission from
29gifts, bequests, or donations shall be deposited in the State
30Treasury to the credit of the Women and Girls Fund, in accordance
31with the terms of the gift or donation from which the moneys are
32derived and in accordance with Sections 8647, 11005, 11005.1,
33and 16302 of the Government Code. Upon the approval and the
34establishment of the Women and Girls Fund, any funds deposited
35and remaining in the Commission on the Status of Women and
36Girls Fund special deposit fund for the purposes of supporting the
37activities of the Commission on the Status of Women and Girls
38shall be transferred to the Women and Girls Fund.

end insert
39begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 8592.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P22   1

8592.1.  

For purposes of this article, the following terms have
2the following meanings:

3(a) “Backward compatibility” means that the equipment is able
4to function with older, existing equipment.

5(b) “Committee” means the Public Safety Radio Strategic
6Planning Committee, that was established in December 1994 in
7recognition of the need to improve existing public radio systems
8and to develop interoperability among public safety departments
9and between state public safety departments and local or federal
10entities, and that consists of representatives of the following state
11entities:

12(1) Thebegin delete California Emergency Management Agency,end deletebegin insert Office of
13Emergency Services,end insert
who shall serve as chairperson.

14(2) The Department of the California Highway Patrol.

15(3) The Department of Transportation.

16(4) The Department of Corrections and Rehabilitation.

17(5) The Department of Parks and Recreation.

18(6) The Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert.

19(7) The Department of Forestry and Fire Protection.

20(8) The Department of Justice.

21(9) The Department of Water Resources.

22(10) The State Department of Public Health.

23(11) The Emergency Medical Services Authority.

24(12) Thebegin delete California Technology Agency.end deletebegin insert Department of
25Technology.end insert

26(13) The Military Department.

27(14) The Department of Finance.

28(c) “First response agencies” means public agencies that, in the
29early stages of an incident, are responsible for, among other things,
30the protection and preservation of life, property, evidence, and the
31environment, including, but not limited to, state fire agencies, state
32and local emergency medical services agencies, local sheriffs’
33departments, municipal police departments, county and city fire
34departments, and police and fire protection districts.

35(d) “Nonproprietary equipment or systems” means equipment
36or systems that are able to function with another manufacturer’s
37equipment or system regardless of type or design.

38(e) “Open architecture” means a system that can accommodate
39equipment from various vendors because it is not a proprietary
40system.

P23   1(f) “Public safety radio subscriber” means the ultimate end user.
2Subscribers include individuals or organizations, including, for
3example, local police departments, fire departments, and other
4operators of a public safety radio system. Typical subscriber
5equipment includes end instruments, including mobile radios,
6hand-held radios, mobile repeaters, fixed repeaters, transmitters,
7or receivers that are interconnected to utilize assigned public safety
8communications frequencies.

9(g) “Public safety spectrum” means the spectrum allocated by
10the Federal Communications Commission for operation of
11interoperable and general use radio communication systems for
12public safety purposes within the state.

13begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 8592.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

8592.5.  

(a) Except as provided in subdivision (c), a state
16department that purchases public safety radio communication
17equipment shall ensure that the equipment purchased complies
18with applicable provisions of the following:

19(1) The common system standards for digital public safety radio
20communications commonly referred to as the “Project 25
21Standard,” as that standard may be amended, revised, or added to
22in the future jointly by the Association of Public-Safety
23Communications Officials, Inc., National Association of State
24Telecommunications Directors, and agencies of the federal
25government, commonly referred to as “APCO/NASTD/FED.”

26(2) The operational and functional requirements delineated in
27the Statement of Requirements for Public Safety Wireless
28Communications and Interoperability developed by the SAFECOM
29Program under the United States Department of Homeland
30Security.

31(b) Except as provided in subdivision (c), a local first response
32agency that purchases public safety radio communication
33equipment, in whole or in part, with state funds or federal funds
34administered by the state, shall ensure that the equipment purchased
35complies with paragraphs (1) and (2) of subdivision (a).

36(c) Subdivision (a) or (b) shall not apply to either of the
37following:

38(1) Purchases of equipment to operate with existing state or
39local communications systems where the latest applicable standard
P24   1will not be compatible, as verified by the begin delete California Technology
2Agency.end delete
begin insert Office of Emergency Services.end insert

3(2) Purchases of equipment for existing statewide low-band
4public safety communications systems.

5(d) This section may not be construed to require an affected
6state or local governmental agency to compromise its immediate
7mission or ability to function and carry out its existing
8responsibilities.

9begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8592.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert

11

8592.7.  

(a) A budget proposal submitted by a state agency for
12support of a new or modified radio system shall be accompanied
13by a technical project plan that includes all of the following:

14(1) The scope of the project.

15(2) Alternatives considered.

16(3) Justification for the proposed solution.

17(4) A project implementation plan.

18(5) A proposed timeline.

19(6) Estimated costs by fiscal year.

20(b) The committee shall review the plans submitted pursuant to
21subdivision (a) for consistency with the statewide integrated public
22safety communication strategic planbegin delete included in the annual report
23required pursuant to Section 8592.6end delete
.

24(c) Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
25Servicesend insert
shall review the plans submitted pursuant to subdivision
26(a) for consistency with the technical requirements of the statewide
27integrated public safety communication strategic planbegin delete included in
28the annual report required pursuant to Section 8592.6end delete
.

29begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8690.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert

31

8690.6.  

(a) The Disaster Response-Emergency Operations
32Account is hereby established in the Special Fund for Economic
33Uncertainties. Notwithstanding Section 13340, moneys in the
34account are continuously appropriated, subject to the limitations
35specified in subdivisions (c) and (d), without regard to fiscal years,
36for allocation by the Director of Finance to state agencies for
37disaster response operation costs incurred by state agencies as a
38result of a proclamation by the Governor of a state of emergency,
39as defined in subdivision (b) of Section 8558. These allocations
P25   1may be for activities that occur within 120 days after a
2proclamation of emergency by the Governor.

3(b) It is the intent of the Legislature that the Disaster
4 Response-Emergency Operations Account have an unencumbered
5balance of one million dollars ($1,000,000) at the beginning of
6each fiscal year. If this account requires additional moneys to meet
7claims against the account, the Director of Finance may transfer
8moneys from the Special Fund for Economic Uncertainties to the
9account in an amount sufficient to pay the amount of the claims
10that exceed the unencumbered balance in the account.

11(c) Funds shall be allocated from the account subject to the
12conditions of this section and upon notification by the Director of
13Finance to the Chairperson of the Joint Legislative Budget
14Committee and the chairpersons of the fiscal committees in each
15house.

16(d) Notwithstanding any other law, authorizations for
17acquisitions, relocations, and environmental mitigations related to
18activities, as described in subdivision (a), shall be authorized
19pursuant to this section. However, these funds shall be authorized
20only for needs that are a direct consequence of the proclaimed
21emergency if failure to undertake the project may interrupt essential
22state services or jeopardize public health or safety. In addition,
23any acquisition accomplished under this subdivision shall comply
24with any otherwise applicable law, except as provided in the first
25sentence of this subdivision.

26(e) begin deleteNo funds end deletebegin insertFunds end insertallocated under this section shallbegin insert notend insert be
27used to supplant federal funds otherwise available in the absence
28of state financial relief.

29(f) The amount of financial assistance provided to an individual,
30business, or governmental entity under this section, or pursuant to
31any other program of state-funded disaster assistance, shall be
32deducted from sums received in payment of damage claims asserted
33against the state, its agents, or employees, for causing or
34contributing to the effects of the proclaimed disaster.

35(g) begin deleteNo end deletebegin insertAny end insertpublic entity administering disaster assistance to
36individuals shallbegin insert notend insert receive funds under this section unless it
37administers that assistance pursuant to the following criteria:

38(1) All applications, forms, and other written materials presented
39to persons seeking assistance shall be available in English and in
P26   1the same language as that used by the major non-English-speaking
2group within the disaster area.

3(2) Bilingual staff who reflect the demographics of the disaster
4area shall be available to applicants.

5(h) Notwithstanding any otherbegin delete provision ofend delete law,begin delete noend delete funds in the
6Disaster Response-Emergency Operations Account shallbegin insert notend insert be
7expended for conditions in the state’s prisons, medical facilities,
8or youth correctional facilities resulting solely from the action or
9inaction of the Department of Corrections and Rehabilitation in
10administering those facilities.

11(i) This section shall remain in effect only until January 1,begin delete 2014end delete
12begin insert 2019end insert, and as of that date is repealed, unless a later enacted statute,
13that is enacted before January 1,begin delete 2014end deletebegin insert 2019end insert, deletes or extends
14that date.

15begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 11542 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert

17

11542.  

(a) begin delete(1)end deletebegin deleteend deleteThe Stephen P. Teale Data Center and the
18California Health and Human Services Agency Data Center are
19consolidated within, and their functions are transferred to, the
20Office of Technology Services.

begin delete

21(2)

end delete

22begin insert(b)end insert Except as expressly provided otherwise in this chapter, the
23Office of Technology Services is the successor to, and is vested
24with, all of the duties, powers, purposes, responsibilities, and
25jurisdiction of the Stephen P. Teale Data Center, and the California
26Health and Human Services Agency Data Center. Any reference
27in statutes, regulations, or contracts to those entities with respect
28to the transferred functions shall be construed to refer to the Office
29of Technology Services unless the context clearly requires
30otherwise.

begin delete

31(3) No

end delete

32begin insert(c)end insertbegin insertend insertbegin insertAend insert lease, license, or any other agreement to which either the
33Stephen P. Teale Data Center or the California Health and Human
34Services Agency Data Center is a party shallbegin insert notend insert be void or
35voidable by reason of this chapter, but shall continue in full force
36and effect, with the Office of Technology Services assuming all
37of the rights, obligations, and duties of the Stephen P. Teale Data
38Center or the California Health and Human Services Agency Data
39Center, respectively.

begin delete

40(4)

end delete

P27   1begin insert(d)end insert Notwithstanding subdivision (e) of Section 11793 and
2subdivision (e) of Section 11797, on and after the effective date
3of this chapter, the balance of any funds available for expenditure
4by the Stephen P. Teale Data Center and the California Health and
5Human Services Agency Data Center, with respect to business
6telecommunications systems and services functions in carrying
7out any functions transferred to the Office of Technology Services
8by this chapter, shall be transferred to the Technology Services
9Revolving Fund created by Section 11544, and shall be made
10available for the support and maintenance of the Office of
11Technology Services.

begin delete

12(5) All references in statutes, regulations, or contracts

end delete

13begin insert(e)end insertbegin insertend insertbegin insertAny reference in statute regulation, or contract end insertto the former
14Stephen P. Teale Data Center Fund or the California Health and
15Human Services Data Center Revolving Fund shall be construed
16to refer to the Technology Services Revolving Fund unless the
17context clearly requires otherwise.

begin delete

18(6)

end delete

19begin insert(f)end insert All books, documents, records, and property of the Stephen
20P. Teale Data Center and the California Health and Human Services
21Agency Data Center, excluding the Systems Integration Division,
22shall be transferred to the Office of Technology Services.

begin delete

23(7) (A)

end delete

24begin insert(g)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insert All officers and employees of the former Stephen P.
25Teale Data Center and the California Health and Human Services
26Agency Data Center, are transferred to the Office of Technology
27Services.

begin delete

28(B)

end delete

29begin insert(2)end insert The status, position, and rights of any officer or employee
30of the Stephen P. Teale Data Center and the California Health and
31Human Services Agency Data Center, shall not be affected by the
32transfer and consolidation of the functions of that officer or
33employee to the Office of Technology Services.

begin delete

34(b) (1) All duties and functions of the Telecommunications
35Division of the Department of General Services are transferred to
36the California Technology Agency.

37(2) Unless the context clearly requires otherwise, whenever the
38term “Telecommunications Division of the Department of General
39Services” appears in any statute, regulation, or contract, it shall be
40deemed to refer to the California Technology Agency.

P28   1(3) All employees serving in state civil service, other than
2temporary employees, who are engaged in the performance of
3functions transferred to the California Technology Agency, are
4transferred to the California Technology Agency. The status,
5positions, and rights of those persons shall not be affected by their
6transfer and shall continue to be retained by them pursuant to the
7State Civil Service Act (Part 2 (commencing with Section 18500)
8of Division 5), except as to positions the duties of which are vested
9in a position exempt from civil service. The personnel records of
10all transferred employees shall be transferred to the California
11Technology Agency.

12(4) The property of any office, agency, or department related
13to functions transferred to the California Technology Agency, are
14transferred to the California Technology Agency. If any doubt
15arises as to where that property is transferred, the Department of
16General Services shall determine where the property is transferred.

17(5) All unexpended balances of appropriations and other funds
18available for use in connection with any function or the
19administration of any law transferred to the California Technology
20Agency shall be transferred to the California Technology Agency
21for the use and for the purpose for which the appropriation was
22originally made or the funds were originally available. If there is
23any doubt as to where those balances and funds are transferred,
24the Department of Finance shall determine where the balances and
25funds are transferred.

end delete
26begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 11543 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
27read:end insert

begin insert
28

begin insert11543.end insert  

If the Legislature directs or authorizes the Department
29of Technology to maintain, develop, or prescribe processes,
30procedures, or policies in connection with the administration of
31its duties under this chapter, Chapter 5.6 (commencing with Section
3211545), Part 6.5 (commencing with Section 15250), Section 6611
33of the Public Contract Code, or Chapter 3 (commencing with
34Section 12100) or Chapter 3.5 (commencing with Section 12120)
35of Part 2 of Division 2 of the Public Contract Code, the action by
36the department shall be exempt from the rulemaking provisions of
37the Administrative Procedure Act (Chapter 3.5 (commencing with
38Section 11340) of Part 1). This section shall apply to actions taken
39by the department with respect to the State Administrative Manual
40and the State Contracting Manual.

end insert
P29   1begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 13295.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert13295.5.end insert  

(a) Notwithstanding Section 11256, or any other law,
4the department may furnish services to, or provide work for, any
5other state agency, as requested by the state agency, the Governor,
6or the Legislature, or as otherwise needed or directed.

7(b) Prior to the commencement of any service or work, the
8department shall provide to the relevant state agency estimates of
9charges and the scope of work to be performed or services to be
10furnished.

11(c) The department shall charge an amount sufficient to recover
12the costs of furnishing services or the work performed. The
13department shall certify to both the Controller and the relevant
14state agency the actual charges that are due and payable for
15services furnished or the work performed.

16(d) Pursuant to Section 11255, the Controller shall transfer to
17the department the amount of the charges for services rendered
18or the work performed from the agencies’ appropriation to the
19appropriation for the support of the department. The amounts are
20to be transferred to the Department of Finance reimbursement
21account within the General Fund.

end insert
22begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 13963.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
23to read:end insert

begin insert
24

begin insert13963.1.end insert  

(a) The Legislature finds and declares all of the
25following:

26(1) Without treatment, approximately 50 percent of people who
27survive a traumatic, violent injury experience lasting or extended
28psychological or social difficulties. Untreated psychological
29trauma often has severe economic consequences, including overuse
30of costly medical services, loss of income, failure to return to
31gainful employment, loss of medical insurance, and loss of stable
32housing.

33(2) Victims of crime should receive timely and effective mental
34health treatment.

35(3) The board shall administer a program to evaluate
36applications and award grants to trauma recovery centers.

37(b) The board shall award a grant only to a trauma recovery
38center that meets both of the following criteria:

39(1) The trauma recovery center demonstrates that it serves as
40a community resource by providing services, including, but not
P30   1limited to, making presentations and providing training to law
2enforcement, community-based agencies, and other health care
3providers on the identification and effects of violent crime.

4(2) Any other related criteria required by the board.

5(c) Upon appropriation by the Legislature, the board shall
6award grants totaling up to two million dollars ($2,000,000) per
7year. All grants shall be funded only from the Restitution Fund.

8(d) The board may award a grant providing funding for up to
9a maximum period of three years. Any portion of a grant that a
10trauma recovery center does not use within the specified grant
11period shall revert to the Restitution Fund. The board may award
12consecutive grants to a trauma recovery center to prevent a lapse
13in funding. The board shall not award a trauma recovery center
14more than one grant for any period of time.

15(e) The board, when considering grant applications, shall give
16preference to a trauma recovery center that conducts outreach to,
17and serves, both of the following:

18(1) Crime victims who typically are unable to access traditional
19services, including, but not limited to, victims who are homeless,
20chronically mentally ill, of diverse ethnicity, members of immigrant
21and refugee groups, disabled, who have severe trauma-related
22symptoms or complex psychological issues, or juvenile victims,
23including minors who have had contact with the juvenile
24dependency or justice system.

25(2) Victims of a wide range of crimes, including, but not limited
26to, victims of sexual assault, domestic violence, physical assault,
27shooting, stabbing, and vehicular assault, and family members of
28homicide victims.

29(f) The trauma recovery center sites shall be selected by the
30board through a well-defined selection process that takes into
31account the rate of crime and geographic distribution to serve the
32greatest number of victims.

33(g) A trauma recovery center that is awarded a grant shall do
34both of the following:

35(1) Report to the board annually on how grant funds were spent,
36how many clients were served (counting an individual client who
37receives multiple services only once), units of service, staff
38productivity, treatment outcomes, and patient flow throughout
39both the clinical and evaluation components of service.

P31   1(2) In compliance with federal statutes and rules governing
2federal matching funds for victims’ services, each center shall
3submit any forms and data requested by the board to allow the
4board to receive the 60 percent federal matching funds for eligible
5victim services and allowable expenses.

6(h) For purposes of this section, a trauma recovery center
7provides, including, but not limited to, all of the following
8resources, treatments, and recovery services to crime victims:

9(1) Mental health services.

10(2) Assertive community-based outreach and clinical case
11management.

12(3) Coordination of care among medical and mental health care
13providers, law enforcement agencies, and other social services.

14(4) Services to family members and loved ones of homicide
15victims.

16(5) A multidisciplinary staff of clinicians that includes
17psychiatrists, psychologists, and social workers.

end insert
18begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 13964 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert

20

13964.  

(a) Claims under this chapter shall be paid from the
21Restitution Fund.

22(b) Notwithstanding Section 13340,begin insert except for funds to support
23trauma recovery center grants pursuant to Section 13963.1,end insert
the
24proceeds in the Restitution Fund are hereby continuously
25appropriated to the board, without regard to fiscal years, for the
26purposes of this chapter. However, the funds appropriated pursuant
27to this section for administrative costs of the board shall be subject
28to annual review through the State Budget process.

29(c) A sum not to exceed 15 percent of the amount appropriated
30annually to pay claims pursuant to this chapter may be withdrawn
31from the Restitution Fund, to be used as a revolving fund by the
32board for the payment of emergency awards pursuant to Section
3313961.

34begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 14615.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert

36

14615.1.  

(a) Where the Legislature directs or authorizes the
37department to maintain, develop, or prescribe processes,
38procedures, or policies in connection with the administration of
39its duties under this chapter, Chapter 2 (commencing with Section
4014650),begin delete orend deletebegin insert Section 6611 of the Public Contract Code, orend insert Part 2
P32   1(commencing with Section 10100) of Division 2 of the Public
2Contract Code, the action by the department shall be exempt from
3the Administrative Procedure Act (Chapter 3.5 (commencing with
4Section 11340), Chapter 4 (commencing with Section 11370),
5Chapter 4.5 (commencing with Section 11400), and Chapter 5
6(commencing with Section 11500)). This section shall apply to
7actions taken by the department with respect to the State
8Administrative Manual and the State Contracting Manual.

9(b) To the extent permitted by the United States and California
10Constitutions, subdivision (a) also applies to actions taken by the
11department prior to January 1, 1999, with respect to competitive
12procurement in the State Administrative Manual and the State
13Contracting Manual.

14begin insert

begin insertSEC. 17.end insert  

end insert

begin insertChapter 9 (commencing with Section 14930) is added
15to Part 5.5 of Division 3 of Title 2 of the end insert
begin insertGovernment Codeend insertbegin insert, to
16read:end insert

begin insert

17 

18Chapter  begin insert9.end insert Golden State Financial Marketplace
19Program (GS $Mart Program)
20

 

21

begin insert14930.end insert  

This chapter shall be known and may be cited as the
22Golden State Financial Marketplace Program or GS $Mart
23Program.

24

begin insert14932.end insert  

The department is authorized to structure, administer,
25and maintain the GS $Mart Program, the state’s centralized
26financing program available for state agencies to finance certain
27goods and services as set forth in this chapter.

28

begin insert14934.end insert  

(a) Notwithstanding any other law, state agencies that
29are statutorily authorized to acquire assets listed in subdivision
30(b) are hereby eligible to apply to the GS $Mart Program to enter
31into agreements for financing those assets without further
32competitive bidding.

33(b) (1) Assets eligible for financing pursuant to the GS $Mart
34Program include all of the following:

35(A) Energy efficiency measures as described in Section 4217.11
36or energy savings contracts as described in Section 388 of the
37Public Utilities Code.

38(B) Goods as defined in Section 10290 of the Public Contract
39Code.

P33   1(C) Services as described in Section 10335 of the Public
2Contract Code.

3(D) Technology goods or services as described in Section 11532
4or information technology as defined in paragraph (2) that are
5capital assets eligible for tax exempt financing consistent with the
6Internal Revenue Code as confirmed by an opinion of bond counsel,
7as described in paragraph (3) of subdivision (a) of Section 14936.

8(2) Information technology includes, but is not limited to, all
9electronic technology systems and services, automated information
10handling, system design and analysis, conversion of data, computer
11programming, information storage and retrieval,
12telecommunications, including voice, video, and data
13communications, requisite system controls, simulation, electronic
14commerce, and all related interactions between people and
15 machines.

16(c) State agencies may refinance any eligible asset through the
17GS $Mart Program for the purpose of lowering financing costs
18or consolidating payments, or when refinancing will achieve an
19overall benefit and cost savings to the state.

20(d) The department shall annually provide a report by September
211 of each year to the Joint Legislative Budget Committee, the State
22Treasurer’s Office, and the Department of Finance that shall
23include, but not be limited to, the following information for each
24loan entered into during the preceding fiscal year:

25(1) Each agency that entered into a GS Mart loan.

26(2) The amount financed by each loan.

27(3) The term of each loan.

28(4) A description of the item, good, or service financed by each
29loan.

30(5) The total amount of outstanding GS $Mart loans.

31

begin insert14936.end insert  

(a) The department shall develop a financing process
32that requires, but shall not be limited to, all of the following:

33(1) Confirmation that the term of financing shall be limited to
34the average expected economic life of the asset or assets.

35(2) Certification that the asset or assets to be financed are
36eligible under Section 14934.

37(3) A submission of an opinion of counsel from an independent
38law firm of recognized standing in the field of law relating to the
39exemption from federal income taxation on state or local bonds
P34   1confirming that the assets subject to the financing qualify for tax
2exempt financing consistent with the Internal Revenue Code.

3(4) The preparation and submission of payment schedules to
4the Controller for use by the Controller in transferring funds
5appropriated in the annual Budget Act to the state agency for
6payments due under the financing program.

7(5) Prior approval by the Department of Finance and prior
8approval of the terms and conditions of the financing by the
9Treasurer for each financing over $10,000,000.

10(b) The Controller may direct the transfer of funds according
11to the schedule or schedules submitted by the department pursuant
12to the GS $Mart Program.

13(c) The department, in consultation with the Department of
14Finance, shall be responsible for the continued development and
15administration of, at a minimum, financing applications,
16instructions, and application approval pursuant to the GS $Mart
17Program.

18

begin insert14938.end insert  

As used in this chapter, “state agency” or “state
19agencies” means every state office, officer, department, division,
20bureau, board, and commission and the California State University
21and the Regents of the University of California.

end insert
22begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 15251 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert

24

15251.  

Unless the context requires otherwise, as used in this
25part, the following terms shall have the following meanings:

begin delete

26(a) “Agency” means the California Technology Agency.

end delete
begin delete

27(b)

end delete

28begin insert(a)end insert “Division” means the Public Safety Communications
29Division established by this part.

begin insert

30(b) “Office” means the Office of Emergency Services.

end insert
31begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 15253 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert

33

15253.  

This part shall apply only to those communications
34facilities which are owned and operated by public agencies in
35connection with official business of law enforcement services, fire
36services, natural resources services, agricultural services, and
37highway maintenance and control of the state or of cities, counties,
38and other political subdivisions in this state. This part shall not be
39construed as conferring upon thebegin delete agencyend deletebegin insert officeend insert control of programs
40or broadcasts intended for the general public.

P35   1begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 15254 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

15254.  

Radio and other communications facilities owned or
4operated by the state and subject to the jurisdiction of thebegin delete agencyend delete
5begin insert officeend insert shall not be used for political, sectarian, or propaganda
6purposes. The facilities shall not be used for the purpose of
7broadcasts intended for the general public, except for fire, flood,
8frost, storm, catastrophe, and other warnings and information for
9the protection of the public safety as thebegin delete agencyend deletebegin insert officeend insert may
10 prescribe.

11begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 15275 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert

13

15275.  

Thebegin delete agencyend deletebegin insert officeend insert may do all of the following:

14(a) Provide adequate representation of local and state
15governmental bodies and agencies before the Federal
16Communications Commission in matters affecting the state and
17its cities, counties, and other public agencies regarding public
18safety communications issues.

19(b) Provide, upon request, adequate advice to state and local
20agencies in the state concerning existing or proposed public safety
21communications facilities between any and all of the following:
22cities, counties, other political subdivisions of the state, state
23departments, agencies, boards, and commissions, and departments,
24agencies, boards, and commissions of other states and federal
25agencies.

26(c) Recommend to the appropriate state and local agencies rules,
27regulations, procedures, and methods of operation that it deems
28necessary to effectuate the most efficient and economical use of
29publicly owned and operated public safety communications
30facilities within this state.

31(d) Provide, upon request, information and data concerning the
32public safety communications facilities that are owned and operated
33by public agencies in connection with official business of public
34safety services.

35(e) Carry out the policy of this part.

36begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 15277 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert

38

15277.  

The Public Safety Communications Division is
39established within thebegin delete agencyend deletebegin insert officeend insert. The duties of the division
40shall include, but not be limited to, all of the following:

P36   1(a) Assessing the overall long-range public safety
2communications needs and requirements of the state considering
3emergency operations, performance, cost, state-of-the-art
4technology, multiuser availability, security, reliability, and other
5factors deemed to be important to state needs and requirements.

6(b) Developing strategic and tactical policies and plans for public
7safety communications with consideration for the systems and
8requirements of the state and all public agencies in this state, and
9preparing an annual strategic communications plan that includes
10the feasibility of interfaces with federal and other state
11telecommunications networks and services.

12(c) Recommending industry standards for public safety
13communications systems to ensure multiuser availability and
14compatibility.

15(d) Providing advice and assistance in the selection of
16communications equipment to ensure that the public safety
17communications needs of state agencies are met and that
18procurements are compatible throughout state agencies and are
19consistent with the state’s strategic and tactical plans for public
20safety communications.

21(e) Providing management oversight of statewide public safety
22 communications systems developments.

23(f) Providing for coordination of, and comment on, plans,
24policies, and operational requirements from departments that utilize
25public safety communications in support of their principal function,
26such as thebegin delete California Emergency Management Agency,end delete National
27Guard, health and safety agencies, and others with primary public
28safety communications programs.

29(g) Monitoring and participating on behalf of the state in the
30proceedings of federal and state regulatory agencies and in
31congressional and state legislative deliberations that have an impact
32on state government public safety communications activities.

33(h) Developing plans regarding teleconferencing as an
34alternative to state travel during emergency situations.

35(i) Ensuring that all radio transmitting devices owned or operated
36by state agencies and departments are licensed, installed, and
37maintained in accordance with the requirements of federal law. A
38request for a federally required license for a state-owned radio
39transmitting device shall be sought only in the name of the “State
40of California.”

P37   1(j) Acquiring, installing, equipping, maintaining, and operating
2new or existing public safety communications systems and facilities
3for public safety agencies. To accomplish that purpose, the division
4is authorized to enter into contracts, obtain licenses, acquire
5property, install necessary equipment and facilities, and do other
6necessary acts to provide adequate and efficient public safety
7communications systems. Any systems established shall be
8available to all public agencies in the state on terms that may be
9agreed upon by the public agency and the division.

10(k) Acquiring, installing, equipping, maintaining, and operating
11all new or replacement microwave communications systems
12operated by the state, except microwave equipment used
13exclusively for traffic signal and signing control, traffic metering,
14and roadway surveillance systems. To accomplish that purpose,
15the division is authorized to enter into contracts, obtain licenses,
16acquire property, install necessary equipment and facilities, and
17do other necessary acts to provide adequate and efficient
18microwave communications systems. Any system established shall
19be available to all public safety agencies in the state on terms that
20may be agreed upon by the public agency and the division.

21(l) This chapter shall not apply to Department of Justice
22communications operated pursuant to Chapter 2.5 (commencing
23with Section 15150) of Part 6.

24begin insert

begin insertSEC. 23.end insert  

end insert

begin insertChapter 3 (commencing with Section 15278) is added
25to Part 6.5 of Division 3 of Title 2 of the end insert
begin insertGovernment Codeend insertbegin insert, to
26read:end insert

begin insert

27 

28Chapter  begin insert3.end insert Public Safety Communications
29

 

30

begin insert15278.end insert  

This chapter shall be known, and may be cited, as the
31Public Safety Communications Act of 2013.

32

begin insert15279.end insert  

For purposes of this chapter, unless the context requires
33otherwise, “director” means the Director of the Office of
34Emergency Services.

35

begin insert15280.end insert  

(a) There is in state government, within the Office of
36Emergency Services, the Public Safety Communications Division.

37(b) The Public Safety Communications Division is under the
38supervision of a chief.

39(c) The purpose of this chapter is to transfer the services and
40responsibilities previously held by the Public Safety
P38   1Communications Division within the California Technology Agency
2to the Office of Emergency Services.

3(d) Unless the context clearly requires otherwise, the Office of
4Emergency Services and the Director of the Office of Emergency
5Services succeed to and are vested with all the duties, powers,
6 purposes, responsibilities, and jurisdiction vested in the former
7Public Safety Communications Division within the California
8Technology Agency.

9(e) Unless the context clearly requires otherwise, whenever the
10“Public Safety Communications Division within the California
11Technology Agency” or the “Public Safety Communications
12Division of the California Technology Agency” is referenced in
13any statute, regulation, or contract, it shall be construed to refer
14to the Public Safety Communications Division within the Office
15of Emergency Services.

16(f) All employees serving in state civil service, other than
17temporary employees, who are engaged in the performance of
18functions transferred to the Office of Emergency Services, are
19transferred to the Office of Emergency Services. The status,
20positions, and rights of those persons shall not be affected by their
21transfer and shall continue to be retained by them pursuant to the
22State Civil Service Act (Part 2 (commencing with Section 18500)
23of Division 5), except as to positions the duties of which are vested
24in a position exempt from civil service. The personnel records of
25all transferred employees shall be transferred to the Office of
26Emergency Services.

27(g) The property of any office, agency, or department related
28to functions transferred to the Office of Emergency Services is
29transferred to the Office of Emergency Services. If any doubt arises
30as to where that property is transferred, the Department of General
31Services shall determine where the property is transferred.

32

begin insert15281.end insert  

The Chief of the Public Safety Communications Division
33shall be responsible for managing the affairs of the Public Safety
34Communications Division and shall perform all duties, exercise
35all powers and jurisdiction, and assume and discharge all
36responsibilities necessary to carry out the responsibilities of the
37Public Safety Communications Division. The Office of Emergency
38Services shall employ professional, clerical, technical, and
39administrative personnel as necessary to carry out this chapter.

P39   1

begin insert15282.end insert  

The Director of the Office of Emergency Services shall
2establish rates for the Office of Emergency Services’ Public Safety
3Communications Division’s services based on a formal rate
4methodology.

end insert
5begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 18662 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
6

18662.  

The board shall recover from an audited department
7the entire cost of any audit or investigation conducted under this
8article.

end delete
9begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 18662 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
10read:end insert

begin insert
11

begin insert18662.end insert  

(a) The board shall determine the total annual cost
12associated with the board’s audit authority. The board shall
13recover costs by billing appointing authorities in accordance with
14subdivision (b).

15(b) (1) Except as specified in paragraph (2), an appointing
16authority shall be charged annually a proportional share of audit
17costs, based on criteria determined by the board.

18(2) An appointing authority may elect to be charged for costs
19in arrears incurred by the board for auditing the appointing
20authority’s personnel practices. Charges in arrears shall be on a
21basis as determined by the board. An election pursuant to this
22paragraph shall be made only within a period determined by the
23board.

24(c) The board shall also determine the costs associated with
25any special investigations conducted by the board. The board shall
26recover those costs by charging an appointing authority in arrears,
27on a basis as determined by the board, for any special investigation
28conducted by the board.

29(d) Pursuant to Section 11255, the Controller shall transfer to
30the board any moneys owed to the board by any appointing
31authority for charges due under this section.

32(e) On or before October 1, 2014, and every October 1
33thereafter, the board shall report to the Chairperson of the Joint
34Legislative Budget Committee the audit and special investigation
35activities of the board pursuant to this article from the preceding
36fiscal year. The board shall include in the report the following
37information:

38(1) A summary of each audit and special investigation, including
39findings.

P40   1(2) The number and total cost of audits and special
2investigations, by department.

end insert
3begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 18671.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert

5

18671.2.  

(a) Thebegin insert board shall determine theend insert total cost to the
6state of maintaining and operating the hearing office of thebegin delete board
7shall be determined by theend delete
board, in advance or upon any other
8basis as it may determine, utilizing information from the state
9agencies for which services are provided by the hearing office.

10(b) The board shall be reimbursed for the entire cost of hearings
11conducted by the hearing office pursuant to statutes administered
12by the board, or by interagency agreement. The board may bill the
13appropriate state agencies for the costs incurred in conducting
14hearings involving employees of those state agencies, and
15employees of the California State University pursuant to Sections
1689535 to 89542, inclusive, of the Education Code, and may bill
17the state departments having responsibility for the overall
18administration of grant-in-aid programs for the costs incurred in
19conducting hearings involving employees not administering their
20own merit systems pursuant to Chapter 1 (commencing with
21Section 19800) of Part 2.5. All costs collected by the board
22pursuant to this section shallbegin delete onlyend delete be usedbegin insert onlyend insert for purposes of
23maintaining and operating the hearing office of the board.

begin insert

24(c) Pursuant to Section 11255, the Controller shall transfer to
25the board, pursuant to Section 18675, any moneys owed to the
26board by any state agency or department for charges determined
27by the board as specified in subdivisions (a) and (b).

end insert
28begin insert

begin insertSEC. 27.end insert  

end insert

begin insertArticle 8 (commencing with Section 19210) is added
29to Chapter 5 of Part 2 of Division 5 of Title 2 of the end insert
begin insertGovernment
30Code
end insert
begin insert, to read:end insert

begin insert

31 

32Article begin insert8.end insert  Additional Appointments
33

 

34

begin insert19210.end insert  

(a) The department shall submit two reports to the
35Joint Legislative Budget Committee and the fiscal committees of
36the Legislature that review the use of additional appointments by
37state agencies, excluding state universities, for managers and
38supervisors by November 30, 2013, and for rank and file employees
39by November 30, 2014. At a minimum, the reports shall specify
40all of the following:

P41   1(1) The number of additional appointments held by state
2employees at any time during 2013 who were exempt under the
3federal Fair Labor Standards Act.

4(2) The actions the department took to verify whether these
5additionally appointed employees’ duties were consistent with
6their exempt status, if applicable.

7(3) The total number of additional appointments that the
8department found as a result of its 2013 review, and, of this total,
9the number of additional appointments that were terminated or
10are otherwise no longer in use and the reasons for these decisions.

11(4) The number of additional appointments held by state
12employees whose primary appointment is or was in the same
13agency as the additional appointment and in the same division of
14the same agency as the additional appointment.

15(5) For each agency, the number of additional appointments
16held by its employees, the highest number of hours worked by an
17employee holding an additional appointment, and the average
18number of hours worked per month per additional appointee.

19(b) As part of the 2015-16 budget proposal submitted to the
20Legislature in January 2015, the department shall propose
21legislation to establish the state’s policy regarding the use of
22additional appointments.

23(c) The report required under this section shall be submitted
24pursuant to Section 9795.

25

begin insert19212.end insert  

By November 30, 2013, the State Personnel Board shall
26submit a report to the Joint Legislative Budget Committee and the
27fiscal committees of the Legislature that review the policies and
28practices included in the Personnel Management Policy and
29Procedures Manual (PMPPM). At a minimum, the report shall
30include a summary of existing policies included in the PMPPM,
31the date of each policy’s adoption, the agency responsible for
32enforcement of the policy, and, if a policy is no longer in use, the
33date of and reasons for discontinuing that policy. The report
34required under this section shall be submitted pursuant to Section
359795.

36

begin insert19214.end insert  

This article shall remain in effect only until November
3730, 2017, and as of that date is repealed, unless a later enacted
38statute, that is enacted before November 30, 2017, deletes or
39extends that date.

end insert
P42   1begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 23025 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

23025.  

begin deleteA end deletebegin insertIn order to comply with the Americans with
4Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and other applicable
5federal provisions, a end insert
county, whether general law or chartered,
6which provides any emergency services,begin delete shallend deletebegin insert is encouraged toend insert
7 provide deaf teletype equipment at a central location within the
8county to relay requests for such emergency services.

9begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 25008 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert

11

25008.  

Membersbegin delete shallend deletebegin insert mayend insert be allowed their actual expenses
12in going to, attendance upon, and returning from state association
13meetings and their actual and necessary traveling expenses when
14traveling outside their counties on official business. Reimbursement
15for these expenses is subject to Sections 53232.2 and 53232.3.

16begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 50021 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
17read:end insert

begin insert
18

begin insert50021.end insert  

Notwithstanding any other law, any statute enacted
19prior to the effective date of the act that added this section, that
20requires that a governing board member of a local agency receive
21compensation or be reimbursed for expenses for services as a
22board member, shall, instead be construed to confer upon the local
23agency the discretion to authorize, by ordinance or resolution,
24compensation or reimbursement as otherwise set forth in the
25statute.

end insert
26begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 53108.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert

28

53108.5.  

“Division,” as used in this article, means thebegin delete Public
29Safety Communications Division within the California Technology
30Agency.end delete
begin insert Office of Emergency Services.end insert

31begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 53114.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert

33

53114.1.  

To accomplish the responsibilities specified in this
34article, the division is directed to consult at regular intervals with
35the State Fire Marshal, the State Department of Public Health, the
36Office of Traffic Safety,begin delete the California Emergency Management
37Agency,end delete
a local representative from a city, a local representative
38from a county, the public utilities in this state providing telephone
39service, the Association of Public-Safety Communications
40Officials, the Emergency Medical Services Authority, the
P43   1Department of the California Highway Patrol, and the Department
2of Forestry and Fire Protection. These agencies shall provide all
3necessary assistance and consultation to the division to enable it
4to perform its duties specified in this article.

5begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 53115.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

53115.1.  

(a) There is in state government the State 911
8Advisory Board.

9(b) The advisory board shall be comprised of the following
10members appointed by the Governor who shall serve at the pleasure
11of the Governor.

12(1) The Chief of thebegin delete California 911 Emergency Communications
13Officeend delete
begin insert Public Safety Communications Divisionend insert shall serve as the
14nonvoting chair of the board.

15(2) One representative from the Department of the California
16Highway Patrol.

17(3) Two representatives on the recommendation of the California
18Police Chiefs Association.

19(4) Two representatives on the recommendation of the California
20State Sheriffs’ Association.

21(5) Two representatives on the recommendation of the California
22Fire Chiefs Association.

23(6) Two representatives on the recommendation of the CalNENA
24Executive Board.

25(7) One representative on the joint recommendation of the
26executive boards of the state chapters of the Association of
27Public-Safety Communications Officials-International, Inc.

28(c) Recommending authorities shall give great weight and
29consideration to the knowledge, training, and expertise of the
30appointee with respect to their experience within the California
31911 system. Board members should have at least two years of
32experience as a Public Safety Answering Point (PSAP) manager
33or county coordinator, except where a specific person is designated
34as a member.

35(d) Members of the advisory board shall serve at the pleasure
36of the Governor, but may not serve more than two consecutive
37two-year terms, except as follows:

38(1) The presiding Chief of thebegin delete California 911 Emergency
39Communications Officeend delete
begin insert Public Safety Communications Divisionend insert
40 shall serve for the duration of his or her tenure.

P44   1(2) Four of the members shall serve an initial term of three years.

2(e) Advisory board members shall not receive compensation
3for their service on the board, but may be reimbursed for travel
4and per diem for time spent in attending meetings of the board.

5(f) The advisory board shall meet quarterly in public sessions
6in accordance with the Bagley-Keene Open Meeting Act (Article
79 (commencing with Section 11120) of Chapter 2 of Part 1 of
8Division 3 of Title 2). The division shall provide administrative
9support to the State 911 Advisory Board. The State 911 Advisory
10Board, at its first meeting, shall adopt bylaws and operating
11procedures consistent with this article and establish committees
12as necessary.

13(g) Notwithstanding any other provision of law, any member
14of the advisory board may designate a person to act as that member
15in his or her place and stead for all purposes, as though the member
16were personally present.

17begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 53126.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert

19

53126.5.  

For purposes of this article, the following definitions
20apply:

21(a) “Local public agency” means a city, county, city and county,
22and joint powers authority that provides a public safety answering
23point (PSAP).

24(b) “Nonemergency telephone system” means a system
25structured to provide access to only public safety agencies such
26as police and fire, or a system structured to provide access to public
27safety agencies and to all other services provided by a local public
28agency such as street maintenance and animal control.

29(c) “Public Safety Communications Division” means the Public
30Safety Communications Division within thebegin delete California Technology
31Agency.end delete
begin insert Office of Emergency Services.end insert

32begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 6060 of the end insertbegin insertHarbors and Navigation Codeend insertbegin insert is
33amended to read:end insert

34

6060.  

The commissioners shall serve without salary until the
35yearly gross income of the district, exclusive of taxes levied by
36the district, exceeds twenty thousand dollars ($20,000) per year,
37when the board may, by ordinance, fix their salaries, which shall
38not exceed the sum of six hundred dollars ($600) per month each.

39In addition to any salary received pursuant to this section, the
40commissionersbegin delete shallend deletebegin insert mayend insert be allowed any actual and necessary
P45   1expenses incurred in the performance of their duties.
2Reimbursement for these expenses is subject to Sections 53232.2
3and 53232.3 of the Government Code.

4begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 7047 of the end insertbegin insertHarbors and Navigation Codeend insertbegin insert is
5amended to read:end insert

6

7047.  

Each directorbegin delete shallend deletebegin insert mayend insert receive a sum as may be fixed
7by the board, not exceeding fifty dollars ($50) for each meeting
8of the board attended by him or her, for not exceeding four
9meetings in any calendar month. A director may also receive
10traveling and other expenses incurred by him or her when
11performing duties for the district other than attending board
12meetings. For purposes of this section, the determination of whether
13a director’s activities on any specific day are compensable shall
14be made pursuant to Article 2.3 (commencing with Section 53232)
15of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
16 Code. Reimbursement for these expenses is subject to Sections
1753232.2 and 53232.3 of the Government Code.

18begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 2851 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
19amended to read:end insert

20

2851.  

The members of the district board shall hold office at
21the pleasure of the board of supervisors. They shall serve without
22compensation, butbegin delete shallend deletebegin insert mayend insert be allowed their necessary traveling
23and other expenses incurred in performance of their official duties.
24In lieu of expenses, the district board may, by resolution, provide
25for the allowance and payment to each member of the board of a
26sum not exceeding one hundred dollars ($100) as expenses incurred
27in attending each business meeting of the board. Reimbursement
28for these expenses is subject to Sections 53232.2 and 53232.3 of
29the Government Code.

30begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 4733 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert

32

4733.  

(a) The district board may fix the amount of
33compensation per meeting to be paid each member of the board
34for services for each meeting attended by the member. Subject to
35subdivision (b), the compensation shall not exceed one hundred
36dollars ($100) for each meeting of the district board attended by
37the member or for each day’s service rendered as a member by
38request of the board, not exceeding a total of six days in any
39calendarbegin delete month, together withend deletebegin insert month. The board may also authorize
40reimbursement forend insert
any expenses incident thereto.

P46   1(b) The district board, by ordinance adopted pursuant to Chapter
22 (commencing with Section 20200) of Division 10 of the Water
3Code, may increase the compensation received by the district board
4members above the amount of one hundred dollars ($100) per day.

5(c) For purposes of this section, the determination of whether
6a director’s activities on any specific day are compensable shall
7be made pursuant to Article 2.3 (commencing with Section 53232)
8of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
9Code.

10(d) Reimbursement for these expenses is subject to Sections
1153232.2 and 53232.3 of the Government Code.

12begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 6489 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert

14

6489.  

(a) Subject to subdivision (b), each of the members of
15the boardbegin delete shallend deletebegin insert mayend insert receive compensation in an amount not to
16exceed one hundred dollars ($100) per day for each day’s
17attendance at meetings of the board or for each day’s service
18rendered as a director by request of the board, not exceeding a
19total of six days in any calendarbegin delete month, together withend deletebegin insert month. The
20board may also authorize reimbursement forend insert
any expenses incident
21thereto.

22(b) The district board, by ordinance adopted pursuant to Chapter
232 (commencing with Section 20200) of Division 10 of the Water
24Code, may increase the compensation received by board members
25above the amount of one hundred dollars ($100) per day.

26(c) The secretary of the sanitary board shall receive
27compensation to be set by the sanitary district board, which
28compensation shall be in lieu of any other compensation to which
29he or she may be entitled by reason of attendance at the meeting
30or meetings of the sanitary board.

31(d) For purposes of this section, the determination of whether
32a director’s activities on any specific day are compensable shall
33be made pursuant to Article 2.3 (commencing with Section 53232)
34of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
35Code.

36(e) Reimbursement for these expenses is subject to Sections
3753232.2 and 53232.3 of the Government Code.

38begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 32103 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert

P47   1

32103.  

The board of directors shall serve without compensation
2except that the board of directors, by a resolution adopted by a
3majority vote of the members of the board, may authorize the
4payment of not to exceed one hundred dollars ($100) per meeting
5not to exceed five meetings a month as compensation to each
6member of the board of directors.

7Each member of the board of directorsbegin delete shallend deletebegin insert mayend insert be allowed his
8or her actual necessary traveling and incidental expenses incurred
9in the performance of official business of the district as approved
10by the board. For purposes of this section, the determination of
11whether a director’s activities on any specific day are compensable
12shall be made pursuant to Article 2.3 (commencing with Section
1353232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
14Government Code. Reimbursement for these expenses is subject
15to Sections 53232.2 and 53232.3 of the Government Code.

16begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 10089.7 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
17to read:end insert

18

10089.7.  

(a) The authority shall be governed by a
19three-member governing board consisting of the Governor, the
20Treasurer, and the Insurance Commissioner, each of whom may
21name designees to serve as board members in their place. The
22Speaker of the Assembly and the Chairperson of the Senate
23Committee on Rules shall serve as nonvoting, ex officio members
24of the board, and may name designees to serve in their place.

25(b) The board shall be advised by an advisory panel whose
26members shall be appointed by the Governor, except as provided
27in this subdivision. The advisory panel shall consist of four
28members who represent insurance companies that are licensed to
29transact fire insurance in the state, two of whom shall be appointed
30by the commissioner, two licensed insurance agents, one of whom
31shall be appointed by the commissioner, and three members of the
32public not connected with the insurance industry, at least one of
33whom shall be a consumer representative. In addition, the Speaker
34of the Assembly, and the Chairperson of the Senate Committee
35on Rules may each appoint one member of the public not connected
36with the insurance industry. Panel members shall serve for
37four-year terms, which may be staggered for administrative
38convenience, and panel members may be reappointed. The
39commissioner shall be a nonvoting, ex officio member of the panel
P48   1and shall be entitled to attend all panel meetings, either in person
2or by representative.

3(c) The board shall have the power to conduct the affairs of the
4authority and may perform all acts necessary or convenient in the
5exercise of that power. Without limitation, the board may: (1)
6employ or contract with officers and employees to administer the
7authority; (2) retain outside actuarial, geological, and other
8professionals; (3) enter into other obligations relating to the
9operation of the authority; (4) invest the moneys in the California
10Earthquake Authority Fund; (5) obtain reinsurance and financing
11for the authority as authorized by this chapter; (6) contract with
12participating insurers to service the policies of basic residential
13earthquake insurance issued by the authority; (7) issue bonds
14payable from and secured by a pledge of the authority of all or any
15part of the revenues of the authority to finance the activities
16authorized by this chapter and sell those bonds at public or private
17sale in the form and on those terms and conditions as the Treasurer
18shall approve; (8) pledge all or any part of the revenues of the
19authority to secure bonds and any repayment or reimbursement
20obligations of the authority to any provider of insurance or a
21guarantee of liquidity or credit facility entered into to provide for
22the payment of debt service on any bond of the authority; (9)
23 employ and compensate bond counsel, financial consultants, and
24other advisers determined necessary by the Treasurer in connection
25with the issuance and sale of any bonds; (10) issue or obtain from
26any department or agency of the United States or of this state, or
27any private company, any insurance or guarantee of liquidity or
28credit facility determined to be appropriate by the Treasurer to
29provide for the payment of debt service on any bond of the
30authority; (11) engage the commissioner to collect revenues of the
31authority; (12) issue bonds to refund or purchase or otherwise
32acquire bonds on terms and conditions as the Treasurer shall
33approve; and (13) perform all acts that relate to the function and
34purpose of the authority, whether or not specifically designated in
35this chapter.

36(d) The authority shall reimburse board and panel members for
37their reasonable expenses incurred in attending meetings and
38conducting the business of the authority.

39(e) (1) There shall be a limited civil immunity and no criminal
40liability in a private capacity, on account of any act performed or
P49   1omitted or obligation entered into an official capacity, when done
2or omitted in good faith and without intent to defraud, on the part
3of the board, the panel, or any member of either, or on the part of
4any officer, employee, or agent of the authority. This provision
5shall not eliminate or reduce the responsibility of the authority
6under the covenant of good faith and fair dealing.

7(2) In any claim against the authority based upon an earthquake
8policy issued by the authority, the authority shall be liable for any
9damages, including damages under Section 3294 of the Civil Code,
10for a breach of the covenant of good faith and fair dealing by the
11authority or its agents.

12(3) In any claim based upon an earthquake policy issued by the
13authority, the participating carrier shall be liable for any damages
14for a breach of a common law, regulatory, or statutory duty as if
15it were a contracting insurer. The authority shall indemnify the
16participating carrier from any liability resulting from the authority’s
17actions or directives. The board shall not indemnify a participating
18carrier for any loss resulting from failure to comply with directives
19of the authority or from violating statutory, regulatory, or common
20law governing claims handling practices.

21(4) begin deleteNo end deletebegin insertA end insertlicensed insurer, its officers, directors, employees, or
22agents, shallbegin insert notend insert have any antitrust civil or criminal liability under
23the Cartwright Act (Part 2 (commencing with Section 16600) of
24Division 7 of the Business and Professions Code) by reason of its
25activities conducted in compliance with this chapter. Further, the
26California Earthquake Authority shall be deemed a joint
27arrangement established by statute to ensure the availability of
28insurance pursuant to subdivision (b) of Section 1861.03.

29(5) Subject tobegin delete the provisions ofend delete Section 10089.21,begin delete nothing inend delete
30 this chapter shallbegin insert notend insert be construed to limit any exercise of the
31commissioner’s power, including enforcement and disciplinary
32actions, or the imposition of fines and orders to ensure compliance
33with this chapter, the rules and guidelines of the authority, or any
34other law or rule applicable to the business of insurance.

35(6) Except as provided in paragraph (3) and by any other
36provision of this chapter,begin delete there shall be noend delete liability on the part of,
37andbegin delete noend deletebegin insert aend insert cause ofbegin delete actionend deletebegin insert action,end insert shallbegin insert notend insert be permitted in law or
38equity against, any participating insurer for any earthquake loss
39to property for which the authority has issued a policy unless the
40loss is covered by an insurance policy issued by the participating
P50   1insurer. A policy issued by the authority shall not be deemed to
2be a policy issued by a participating insurer.

3(f) The Attorney General, in his or her discretion, shall provide
4a representative of his or her office to attend and act as antitrust
5counsel at all meetings of the panel. The Attorney General shall
6be compensated for legal service rendered in the manner specified
7in Section 11044 of the Government Code.

8(g) The authority may sue or be sued and may employ or
9contract with that staff and those professionals the board deems
10necessary for its efficient administration.

11(h) (1) The authority may contract for the services of a chief
12 executive officer, a chief financial officer, a chief mitigation
13officer, and an operations manager, and may contract for the
14services of reinsurance intermediaries, financial market
15underwriters, modeling firms, a computer firm, an actuary, an
16insurance claims consultant, counsel, and private money managers.
17These contracts shall not be subject to otherwise applicable
18provisions of the Government Code and the Public Contract Code,
19and for those purposes, the authority shall not be considered a state
20agency or other public entity. Other employees of the authority
21shall be subject to civil service provisions.begin delete The total number of
22authority employees subject to civil service provisions shall not
23exceed 25.end delete

24(2) When the authority hires multiple private money managers
25to manage the assets of the California Earthquake Authority Fund,
26other than the primary custodian of the securities, the authority
27shall consider small California-based firms who are qualified to
28manage the money in the fund. The purpose of this provision is to
29prevent the exclusion of small qualified investment firms solely
30because of their size.

31(i) Members of the board and panel, and their designees, and
32the chief executive officer, the chief financial officer, the chief
33mitigation officer, and the operations manager of the authority
34shall be required to file financial disclosure statements with the
35Fair Political Practices Commission. The appointing authorities
36for members and designees of the board and panel shall, when
37making appointments, avoid appointing persons with conflicts of
38interest. Section 87406 of the Government Code, the Milton Marks
39Postgovernment Employment Restrictions Act of 1990, shall apply
40to the authority. Members of the board, the chief financial officer,
P51   1the chief executive officer, the chief operations manager, the chief
2counsel, and any other person designated by the authority shall be
3deemed to be designated employees for the purpose of that act. In
4addition, no member of the board, nor the chief financial officer,
5the chief executive officer, the chief operations manager, and the
6chief counsel, shall, upon leaving the employment of the authority,
7seek, accept, or enter into employment or a consulting or other
8contractual arrangement for the period of one year with any
9employer or entity that entered into a participating agreement, or
10a reinsurance, bonding, letter of credit, or private capital markets
11contract with the authority during the time the employee was
12employed by the authority, which that member or employee had
13negotiated or approved, or participated in negotiating. A violation
14of these provisions shall be subject to enforcement pursuant to
15Chapter 11 (commencing with Section 91000) of Title 9 of the
16Government Code.

17(j) The board shall establish the duties of, and give direction to,
18the chief mitigation officer, to support and enhance the authority’s
19appropriate efforts to create and maintain all of the following:

20(1) Program activities that mitigate against seismic risks, for
21the benefit of homeowners, other property owners, including
22landlords with smaller holdings, and the general public of the state.

23(2) Collaboration with academic institutions, nonprofit entities,
24and commercial business entities in joint efforts to conduct
25mitigation-related research and educational activities, and conduct
26program activities to mitigate against seismic risk.

27(3) Programs to provide financial assistance in the form of loans,
28grants, credits, rebates, or other financial incentives to further
29efforts to mitigate against seismic risk, including, but not limited
30 to, structural and contents retrofitting of residential structures.

31(4) Collaborations and joint programs with subdivisions and
32programs of local, state, and federal governments and with other
33national programs that may further California’s disaster
34preparedness, protection, and mitigation goals.

35(5) Other programs, support efforts, and activities deemed
36appropriate by the board to further the authority’s appropriate
37mitigation and mitigation-related goals.

38(k) The authority may accept grants and gifts of property, real
39or personal, tangible and intangible, and services for the Earthquake
40Loss Mitigation Fund, created pursuant to Section 10089.37, or
P52   1the related residential retrofit program from federal, state, and local
2government sources and private sources.

3(l) The Bagley-Keene Open Meeting Act (Article 9
4(commencing with Section 11120) of Chapter 1 of Part 1 of
5Division 3 of Title 2 of the Government Code) applies to meetings
6of the board and the panel.

7begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 62.5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

8

62.5.  

(a) (1) The Workers’ Compensation Administration
9Revolving Fund is hereby created as a special account in the State
10Treasury. Money in the fund may be expended by the department,
11upon appropriation by the Legislature, for all of the following
12purposes, and may not be used or borrowed for any other purpose:

13(A) For the administration of the workers’ compensation
14program set forth in this division and Division 4 (commencing
15with Section 3200), other than the activities financed pursuant to
16paragraph (2) of subdivision (a) of Section 3702.5.

17(B) For the Return-to-Work Program set forth in Section 139.48.

18(C) For the enforcement of the insurance coverage program
19established and maintained by the Labor Commissioner pursuant
20to Section 90.3.

21(2) The fund shall consist of surcharges made pursuant to
22paragraph (1) of subdivision (f).

23(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
24created as a special trust fund account in the State Treasury, of
25which the director is trustee, and its sources of funds are as
26provided in paragraph (1) of subdivision (f). Notwithstanding
27Section 13340 of the Government Code, the fund is continuously
28appropriated for the payment of nonadministrative expenses of the
29workers’ compensation program for workers injured while
30employed by uninsured employers in accordance with Article 2
31(commencing with Section 3710) of Chapter 4 of Part 1 of Division
324, and shall not be used for any other purpose. All moneys collected
33shall be retained in the trust fund until paid as benefits to workers
34injured while employed by uninsured employers.
35Nonadministrative expenses include audits and reports of services
36prepared pursuant to subdivision (b) of Section 3716.1. The
37surcharge amount for this fund shall be stated separately.

38(2) Notwithstanding any other provision of law, all references
39to the Uninsured Employers Fund shall mean the Uninsured
40Employers Benefits Trust Fund.

P53   1(3) Notwithstanding paragraph (1), in the event that budgetary
2restrictions or impasse prevent the timely payment of administrative
3expenses from the Workers’ Compensation Administration
4Revolving Fund, those expenses shall be advanced from the
5Uninsured Employers Benefits Trust Fund. Expense advances
6made pursuant to this paragraph shall be reimbursed in full to the
7Uninsured Employers Benefits Trust Fund upon enactment of the
8annual Budget Act.

9(4) Any moneys from penalties collected pursuant to Section
103722 as a result of the insurance coverage program established
11under Section 90.3 shall be deposited in the State Treasury to the
12credit of the Workers’ Compensation Administration Revolving
13Fund created under this section, to cover expenses incurred by the
14director under the insurance coverage program. The amount of
15any penalties in excess of payment of administrative expenses
16incurred by the director for the insurance coverage program
17established under Section 90.3 shall be deposited in the State
18Treasury to the credit of the Uninsured Employers Benefits Trust
19Fund for nonadministrative expenses, as prescribed in paragraph
20(1), and notwithstanding paragraph (1), shall only be available
21upon appropriation by the Legislature.

22(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
23created as a special trust fund account in the State Treasury, of
24which the director is trustee, and its sources of funds are as
25provided in paragraph (1) of subdivision (f). Notwithstanding
26Section 13340 of the Government Code, the fund is continuously
27appropriated for the nonadministrative expenses of the workers’
28compensation program for workers who have suffered serious
29injury and who are suffering from previous and serious permanent
30disabilities or physical impairments, in accordance with Article 5
31(commencing with Section 4751) of Chapter 2 of Part 2 of Division
324, and Section 4 of Article XIV of the California Constitution, and
33shall not be used for any other purpose. All moneys collected shall
34be retained in the trust fund until paid as benefits to workers who
35have suffered serious injury and who are suffering from previous
36and serious permanent disabilities or physical impairments.
37Nonadministrative expenses include audits and reports of services
38pursuant to subdivision (c) of Section 4755. The surcharge amount
39 for this fund shall be stated separately.

P54   1(2) Notwithstanding any other law, all references to the
2Subsequent Injuries Fund shall mean the Subsequent Injuries
3Benefits Trust Fund.

4(3) Notwithstanding paragraph (1), in the event that budgetary
5restrictions or impasse prevent the timely payment of administrative
6expenses from the Workers’ Compensation Administration
7Revolving Fund, those expenses shall be advanced from the
8Subsequent Injuries Benefits Trust Fund. Expense advances made
9pursuant to this paragraph shall be reimbursed in full to the
10Subsequent Injuries Benefits Trust Fund upon enactment of the
11annual Budget Act.

12(d) begin insert(1)end insertbegin insertend insert The Occupational Safety and Health Fund is hereby
13created as a special account in the State Treasury. Moneys in the
14account may be expended by the department, upon appropriation
15by the Legislature, for support of the Division of Occupational
16Safety and Health, the Occupational Safety and Health Standards
17Board, and the Occupational Safety and Health Appeals Board,
18and the activities these entities perform as set forth in this division,
19and Division 5 (commencing with Section 6300).

20begin insert(2)end insertbegin insertend insertbegin insertOn and after the effective date of the act amending this
21section to add this paragraph in the 2013-14 Regular Session of
22the Legislature, any moneys in the Cal-OSHA Targeted Inspection
23and Consultation Fund and any assets, liabilities, revenues,
24expenditures, and encumbrances of that fund, less five million
25dollars ($5,000,000), shall be transferred to the Occupational
26Safety and Health Fund. On June 30, 2014, the remaining five
27million dollars ($5,000,000) in the Cal-OSHA Targeted Inspection
28and Consultation Fund, or any remaining balance in that fund,
29shall be transferred to, and become part of, the Occupational
30Safety and Health Fund.end insert

31(e) The Labor Enforcement and Compliance Fund is hereby
32created as a special account in the State Treasury. Moneys in the
33fund may be expended by the department, upon appropriation by
34the Legislature, for the support of the activities that the Division
35of Labor Standards Enforcement performs pursuant to this division
36and Division 2 (commencing with Section 200), Division 3
37(commencing with Section 2700), and Division 4 (commencing
38with Section 3200). The fund shall consist of surcharges imposed
39pursuant to paragraph (3) of subdivision (f).

P55   1(f) (1) Separate surcharges shall be levied by the director upon
2all employers, as defined in Section 3300, for purposes of deposit
3in the Workers’ Compensation Administration Revolving Fund,
4the Uninsured Employers Benefits Trust Fund, the Subsequent
5Injuries Benefits Trust Fund, and the Occupational Safety and
6Health Fund. The total amount of the surcharges shall be allocated
7between self-insured employers and insured employers in
8proportion to payroll respectively paid in the most recent year for
9which payroll information is available. The director shall adopt
10reasonable regulations governing the manner of collection of the
11surcharges. The regulations shall require the surcharges to be paid
12by self-insurers to be expressed as a percentage of indemnity paid
13during the most recent year for which information is available,
14and the surcharges to be paid by insured employers to be expressed
15as a percentage of premium. In no event shall the surcharges paid
16by insured employers be considered a premium for computation
17of a gross premium tax or agents’ commission. In no event shall
18the total amount of the surcharges paid by insured and self-insured
19employers exceed the amounts reasonably necessary to carry out
20the purposes of this section.

21(2) The surcharge levied by the director for the Occupational
22Safety and Health Fund, pursuant to paragraph (1), shall not
23generate revenues in excess ofbegin delete fifty-twoend deletebegin insert fifty-sevenend insert million dollars
24begin delete ($52,000,000)end deletebegin insert ($57,000,000)end insert on and after thebegin delete 2009-10end deletebegin insert 2013end insertbegin insert-14end insert
25 fiscal year, adjusted for each fiscal year as appropriate tobegin insert fund any
26increases in the appropriation as approved by the Legislature,
27and toend insert
reconcile any over/under assessments from previous fiscal
28years pursuant to Sections 15606 and 15609 of Title 8 of the
29California Code of begin delete Regulations, and may increase by not more
30than the state-local government deflator each year thereafter
31through July 1, 2013, and, as appropriate, to reconcile any
32over/under assessments from previous fiscal years. For the 2013-14
33fiscal year, the surcharge level shall return to the level in place on
34June 30, 2009, adjusted for inflation based on the state-local
35government deflatorend delete
begin insert Regulationsend insertbegin insert. For the 2013-14 fiscal year
36only, the revenue cap established in this paragraph shall be
37reduced by an amount equivalent to the balance transferred from
38the Cal-OSHA Targeted Inspection and Consultation Fund
39established in Section 62.7, less any amount of that balance loaned
P56   1to the State Public Works Enforcement Fund, to the Occupational
2Safety and Health Fund pursuant to subdivision (d)end insert
.

3(3) A separate surcharge shall be levied by the director upon all
4employers, as defined in Section 3300, for purposes of deposit in
5the Labor Enforcement and Compliance Fund. The total amount
6of the surcharges shall be allocated between employers in
7proportion to payroll respectively paid in the most recent year for
8which payroll information is available. The director shall adopt
9reasonable regulations governing the manner of collection of the
10surcharges. In no event shall the total amount of the surcharges
11paid by employers exceed the amounts reasonably necessary to
12carry out the purposes of this section.

13(4) The surcharge levied by the director for the Labor
14Enforcement and Compliance Fund shall not exceedbegin delete thirty-sevenend delete
15begin insert forty-sixend insert million dollarsbegin delete ($37,000,000)end deletebegin insert ($46,000,000)end insert in the
16begin delete 2009-10end deletebegin insert 2013end insertbegin insert-14end insert fiscal year, adjusted as appropriate tobegin insert fund any
17increases in the appropriation as approved by the Legislature,
18and toend insert
reconcile any over/under assessments from previous fiscal
19years begin delete, and shall not be adjusted each year thereafter by more than
20the state-local government deflator, and, as appropriate, to reconcile
21any over/under assessments from previous fiscal yearsend delete
pursuant
22to Sections 15606 and 15609 of Title 8 of the California Code of
23Regulations.

24(5) The regulations adopted pursuant to paragraph (1) to (4),
25inclusive, shall be exempt from the rulemaking provisions of the
26Administrative Procedure Act (Chapter 3.5 (commencing with
27Section 11340) of Part 1 of Division 3 of Title 2 of the Government
28Code).

begin delete

29(g) On and after July 1, 2013, subdivision (e) and paragraphs
30(2) to (4), inclusive, of subdivision (f) are inoperative, unless a
31later enacted statute, that is enacted before July 1, 2013, deletes
32or extends that date.

end delete
33begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 62.7 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

34

62.7.  

(a) The Cal-OSHA Targeted Inspection and Consultation
35Fund is hereby created as a special account in the State Treasury.
36Proceeds of the fund may be expended by the department, upon
37appropriation by the Legislature, for the costs of the Cal-OSHA
38targeted inspection program provided by Section 6314.1 and the
39costs of the Cal-OSHA targeted consultation program provided
P57   1by subdivision (a) of Section 6354, and for costs related to
2assessments levied and collected pursuant to Section 62.9.

3(b) The fund shall consist of the assessments made pursuant to
4Section 62.9 and other moneys transferred to the fund.

begin insert

5(c) This section shall become inoperative on June 30, 2014,
6and, as of January 1, 2015, is repealed, unless a later enacted
7statute, that becomes operative on or before January 1, 2015,
8deletes or extends the dates on which it becomes inoperative and
9is repealed.

end insert
10begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 62.8 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert62.8.end insert  

Five million dollars ($5,000,000) is hereby appropriated
12for transfer by the State Controller upon order of the Director of
13Finance from the Cal OSHA Targeted Inspection and Consultation
14Fund as a loan to the State Public Works Enforcement Fund. This
15loan shall be repaid to the Occupational Safety and Health Fund
16by June 30, 2015. This loan shall be repaid with interest calculated
17at the rate earned by the Pooled Money Investment Account at the
18time of the transfer.

end insert
19begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 62.9 of the end insertbegin insertLabor Codeend insertbegin insert is repealed.end insert

begin delete
20

62.9.  

(a) (1) The director shall levy and collect assessments
21from employers in accordance with this section. The total amount
22of the assessment collected shall be the amount determined by the
23director to be necessary to produce the revenue sufficient to fund
24the programs specified by Section 62.7, except that the amount
25assessed in any year for those purposes shall not exceed 50 percent
26of the amounts appropriated from the General Fund for the support
27of the occupational safety and health program for the 1993-94
28fiscal year, adjusted for inflation. The director also shall include
29in the total assessment amount the department’s costs for
30administering the assessment, including the collections process
31and the cost of reimbursing the Employment Development
32Department or another agency or department for its cost of
33collection activities pursuant to subdivision (c).

34(2) The insured employers and private sector self-insured
35employers that, pursuant to subdivision (b), are subject to
36assessment shall be assessed, respectively, on the basis of their
37annual payroll subject to premium charges or their annual payroll
38that would be subject to premium charges if the employer were
39insured, as follows:

P58   1(A) An employer with a payroll of less than two hundred fifty
2thousand dollars ($250,000) shall be assessed one hundred dollars
3($100).

4(B) An employer with a payroll of two hundred fifty thousand
5dollars ($250,000) or more, but not more than five hundred
6thousand dollars ($500,000), shall be assessed two hundred dollars
7($200).

8(C) An employer with a payroll of more than five hundred
9thousand dollars ($500,000), but not more than seven hundred fifty
10thousand dollars ($750,000), shall be assessed four hundred dollars
11($400).

12(D) An employer with a payroll of more than seven hundred
13fifty thousand dollars ($750,000), but not more than one million
14dollars ($1,000,000), shall be assessed six hundred dollars ($600).

15(E) An employer with a payroll of more than one million dollars
16($1,000,000), but not more than one million five hundred thousand
17dollars ($1,500,000), shall be assessed eight hundred dollars ($800).

18(F) An employer with a payroll of more than one million five
19hundred thousand dollars ($1,500,000), but not more than two
20million dollars ($2,000,000), shall be assessed one thousand dollars
21($1,000).

22(G) An employer with a payroll of more than two million dollars
23($2,000,000), but not more than two million five hundred thousand
24dollars ($2,500,000), shall be assessed one thousand five hundred
25dollars ($1,500).

26(H) An employer with a payroll of more than two million five
27hundred thousand dollars ($2,500,000), but not more than three
28million five hundred thousand dollars ($3,500,000), shall be
29assessed two thousand dollars ($2,000).

30(I) An employer with a payroll of more than three million five
31hundred thousand dollars ($3,500,000), but not more than four
32million five hundred thousand dollars ($4,500,000), shall be
33assessed two thousand five hundred dollars ($2,500).

34(J) An employer with a payroll of more than four million five
35hundred thousand dollars ($4,500,000), but not more than five
36million five hundred thousand dollars ($5,500,000), shall be
37assessed three thousand dollars ($3,000).

38(K) An employer with a payroll of more than five million five
39hundred thousand dollars ($5,500,000), but not more than seven
P59   1million dollars ($7,000,000), shall be assessed three thousand five
2hundred dollars ($3,500).

3(L) An employer with a payroll of more than seven million
4dollars ($7,000,000), but not more than twenty million dollars
5($20,000,000), shall be assessed six thousand seven hundred dollars
6($6,700).

7(M) An employer with a payroll of more than twenty million
8dollars ($20,000,000) shall be assessed ten thousand dollars
9($10,000).

10(b) (1) In the manner as specified by this section, the director
11shall identify those insured employers having a workers’
12compensation experience modification rating of 1.25 or more, and
13private sector self-insured employers having an equivalent
14experience modification rating of 1.25 or more as determined
15pursuant to subdivision (e).

16(2) The assessment required by this section shall be levied
17annually, on a calendar year basis, on those insured employers and
18private sector self-insured employers, as identified pursuant to
19paragraph (1), having the highest workers’ compensation
20experience modification ratings or equivalent experience
21modification ratings, that the director determines to be required
22numerically to produce the total amount of the assessment to be
23collected pursuant to subdivision (a).

24(c) The director shall collect the assessment from insured
25employers as follows:

26(1) Upon the request of the director, the Department of Insurance
27shall direct the licensed rating organization designated as the
28department’s statistical agent to provide to the director, for
29purposes of subdivision (b), a list of all insured employers having
30a workers’ compensation experience rating modification of 1.25
31or more, according to the organization’s records at the time the
32list is requested, for policies commencing the year preceding the
33year in which the assessment is to be collected.

34(2) The director shall determine the annual payroll of each
35insured employer subject to assessment from the payroll that was
36reported to the licensed rating organization identified in paragraph
37(1) for the most recent period for which one full year of payroll
38information is available for all insured employers.

39(3) On or before September 1 of each year, the director shall
40determine each of the current insured employers subject to
P60   1assessment, and the amount of the total assessment for which each
2insured employer is liable. The director immediately shall notify
3each insured employer, in a format chosen by the insurer, of the
4insured’s obligation to submit payment of the assessment to the
5director within 30 days after the date the billing was mailed, and
6warn the insured of the penalties for failure to make timely and
7full payment as provided by this subdivision.

8(4) The director shall identify any insured employers that, within
930 days after the mailing of the billing notice, fail to pay, or object
10to, their assessments. The director shall mail to each of these
11employers a notice of delinquency and a notice of the intention to
12assess penalties, advising that, if the assessment is not paid in full
13within 15 days after the mailing of the notices, the director will
14levy against the employer a penalty equal to 25 percent of the
15employer’s assessment, and will refer the assessment and penalty
16to another agency or department for collection. The notices required
17by this paragraph shall be sent by United States first-class mail.

18(5) If an assessment is not paid by an insured employer within
1915 days after the mailing of the notices required by paragraph (4),
20the director shall refer the delinquent assessment and the penalty
21to the Employment Development Department, or another agency
22or department, as deemed appropriate by the director, for collection
23pursuant to Section 1900 of the Unemployment Insurance Code.

24(d) The director shall collect the assessment directly from private
25sector self-insured employers. The failure of any private sector
26self-insured employer to pay the assessment as billed constitutes
27grounds for the suspension or termination of the employer’s
28certificate to self-insure.

29(e) The director shall adopt regulations implementing this section
30that include provision for a method of determining experience
31modification ratings for private sector self-insured employers that
32is generally equivalent to the modification ratings that apply to
33insured employers and is weighted by both severity and frequency.

34(f) The director shall determine whether the amount collected
35pursuant to any assessment exceeds expenditures, as described in
36subdivision (a), for the current year and shall credit the amount of
37any excess to any deficiency in the prior year’s assessment or, if
38there is no deficiency, against the assessment for the subsequent
39year.

end delete
40begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 139.48 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

P61   1

139.48.  

begin insert(a)end insertbegin insertend insertTherebegin delete shall beend deletebegin insert isend insert in the department a return-to-work
2program administered by the director, funded by one hundred
3twenty million dollars ($120,000,000) annually derived from
4non-General Funds of the Workers’ Compensation Administration
5Revolving Fund, for the purpose of making supplemental payments
6to workers whose permanent disability benefits are
7disproportionately low in comparison to their earnings loss.
8begin delete Eligibilityend deletebegin insert Moneys shall remain available for use by the
9return-to-work program without respect to the fiscal year.end insert

10begin insert(b)end insertbegin insertend insertbegin insertEligibilityend insert for payments and the amount of payments shall
11be determined by regulations adopted by the director, based on
12findings from studies conducted by the director in consultation
13with the Commission on Health and Safety and Workers’
14Compensation. Determinations of the director shall be subject to
15review at the trial level of the appeals board upon the same grounds
16as prescribed for petitions for reconsideration.

begin insert

17(c) This section shall apply only to injuries sustained on or after
18January 1, 2013.

end insert
19begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 1024 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

begin delete
20

1024.  

All civil penalties collected pursuant to this chapter shall
21be deposited in the Industrial Relations Construction Industry
22Enforcement Fund, which is hereby created. All moneys in the
23fund shall be used for the purpose of enforcing the provisions of
24this chapter, as appropriated by the Legislature.

25 It

end delete
26begin insert

begin insert1024.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertItend insert is the intent of the Legislature in enacting this
27section to provide for the prompt and effective enforcement of
28labor laws relating to the construction industry.

begin insert

29(b) Before July 1, 2013, all civil penalties collected pursuant
30to this chapter shall be deposited in the Industrial Relations
31Construction Industry Enforcement Fund. All moneys in the fund
32shall be used for the purpose of enforcing this chapter, as
33appropriated by the Legislature.

end insert
begin insert

34(c) On or after July 1, 2013, all civil penalties collected pursuant
35to this chapter shall be deposited in the Labor Enforcement and
36Compliance Fund.

end insert
37begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 1063.5 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert

begin insert
38

begin insert1063.5.end insert  

(a) This chapter shall apply to every contractor that
39provides food and beverage services at a publicly owned
40entertainment venue.

P62   1(b) For purposes of this chapter, and in addition to the
2definitions specified in Section 1060, the following terms shall
3also have the following meanings:

4(1) “Awarding authority” means any person that awards or
5otherwise enters into contracts for food and beverage services at
6a publicly owned entertainment venue.

7(2) “Contractor” means any person that employs an individual
8to provide food and beverage services at a publicly owned
9entertainment venue

10(3) “Employee” means any person employed to provide food
11and beverage services at a publicly owned entertainment venue.

12(4) “Publicly owned entertainment venue” means a venue that
13meets all of the following:

14(A) Has been in operation for 15 years or more.

15(B) Is located in a zone designated under Chapter 12.8
16(commencing with Section 7070) of Division 7 of Title 1 of the
17Government Code.

18(C) Hosts concerts, shows, or sporting events on a non
19continuous basis.

20(c) This section shall remain in effect only until December 31,
212014, and as of that date is repealed.

end insert
22begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 1771.3 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

23

1771.3.  

(a) (1) The Department of Industrial Relations shall
24monitor and enforce compliance with applicable prevailing wage
25requirements for any public works project paid for in whole or
26part out of public funds, within the meaning of subdivision (b) of
27Section 1720, that are derived from bonds issued by the state, and
28shall charge each awarding body for the reasonable and directly
29related costs of monitoring and enforcing compliance with the
30prevailing wage requirements on each project.

31(2) (A) The State Public Works Enforcement Fund is hereby
32created as a special fund in the State Treasury. All moneys received
33by the department pursuant to this section shall be deposited in
34the fund. Notwithstanding Section 13340 of the Government Code,
35all moneys in the fund shall be continuously appropriated to the
36Department of Industrial Relations, to monitor and enforce
37compliance with the applicable prevailing wage requirements on
38public works projects paid for in whole or part out of public funds,
39within the meaning of subdivision (b) of Section 1720, that are
40derived from bonds issued by the state and other projects for which
P63   1the department provides prevailing wage monitoring and
2enforcement activities and for which it is to be reimbursed by the
3awarding body, and shall not be used or borrowed for any other
4purpose.

5(B) Notwithstanding any other law, upon order of the Director
6of Finance, a loan in the amount of four million three hundred
7thousand dollars ($4,300,000) shall be provided from the Uninsured
8Employers Benefit Trust Fund to the State Public Works
9Enforcement Fund to meet the startup needs of the Labor
10Compliance Monitoring Unit.

11(3) The Director of Industrial Relations shall adopt regulations
12implementing this section, specifying the activities, including, but
13not limited to, monthly review, and audit if appropriate, of payroll
14records, which the department will undertake to monitor and
15enforce compliance with applicable prevailing wage requirements
16on public works projects paid for in whole or part out of public
17funds, within the meaning of subdivision (b) of Section 1720, that
18are derived from bonds issued by the state. The department, with
19the approval of the Director of Finance, shall determine the rate
20begin delete or ratesend delete, which the department may from time to time amend, that
21the department will charge to recover the reasonable and directly
22related costs of performing the monitoring and enforcement
23services for public worksbegin delete projectsend deletebegin delete; provided, however, that theend delete
24begin insert projectsend insertbegin insert. Theend insert amountbegin delete charged by the departmentend deletebegin insert of bond funds
25utilized by an awarding body to pay the department’s feeend insert
shall not
26exceed one-fourth of 1 percent of the state bond proceeds used for
27the public works projectsbegin insert, with any other remaining costs of
28monitoring and enforcing compliance to be paid by the awarding
29body from other funds authorized to be used to finance the projectend insert
.

30(4) The reasonable and directly related costs of monitoring and
31enforcing compliance with the prevailing wage requirements on
32a public works project incurred by the department in accordance
33with this section are payable by the awarding body of the public
34works project as a cost of construction. Notwithstanding any other
35provision of law, but subject to any limitations or restrictions of
36the bond act, the board, commission, department, agency, or official
37 responsible for the allocation of bond proceeds from the bond
38funds shall consider and provide for amounts in support of the
39costs when allocating or approving expenditures of bond proceeds
40for the construction of the authorized project. The awarding body
P64   1may elect not to receive or expend amounts from bond proceeds
2to pay the costs of the project; however,begin delete suchend deletebegin insert thatend insert election does
3not relieve the awarding body from reimbursing the Department
4of Industrial Relationsbegin insert from other funding sourcesend insert for monitoring
5and enforcing prevailing wage requirements on the project pursuant
6tobegin delete Section 1771.3end deletebegin insert this sectionend insert or any other applicable provision of
7law.begin insert The department shall annually provide information, as
8specified in regulations, to assist an awarding body to reasonably
9estimate the annual cost of monitoring and enforcing compliance.end insert

10(b) Paragraph (1) of subdivision (a) shall not apply to any
11contract for a public works project paid for in whole or part out of
12public funds, within the meaning of subdivision (b) of Section
131720, that are derived from bonds issued by the state if the contract
14was awarded under any of the following conditions:

15(1) The contract was awarded prior to the effective date of
16implementing regulations adopted by the department pursuant to
17paragraph (3) of subdivision (a).

18(2) The contract was awarded on or after the effective date of
19the regulations described in paragraph (1), if the awarding body
20had previously initiated a labor compliance program approved by
21the department for some or all of its public works projects and had
22not contracted with a third party to conduct such program, and
23requests and receives approval from the department to continue
24to operate its existing labor compliance program for its public
25works projects paid for in whole or part out of public funds, within
26the meaning of subdivision (b) of Section 1720, that are derived
27from bonds issued by the state, in place of the department
28monitoring and enforcing compliance on projects pursuant to
29subdivision (a).

30(3) The contract is awarded on or after the effective date of the
31regulations described in paragraph (1), if the awarding body has
32entered into a collective bargaining agreement that binds all of the
33contractors performing work on the project and that includes a
34mechanism for resolving disputes about the payment of wages.

35(c) This section shall not apply to public works projects subject
36to Section 75075 of the Public Resources Code.

37begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 1771.5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

38

1771.5.  

(a) Notwithstanding Section 1771, an awarding body
39may choose not to require the payment of the general prevailing
40rate of per diem wages or the general prevailing rate of per diem
P65   1wages for holiday and overtime work for any public works project
2of twenty-five thousand dollars ($25,000) or less when the project
3is for construction work, or for any public works project of fifteen
4thousand dollars ($15,000) or less when the project is for alteration,
5demolition, repair, or maintenance work, if the awarding body
6elects to either:

7(1) Initiate and enforce a labor compliance program pursuant
8to subdivision (b) for every public works project under the authority
9of the awarding body as described in subdivision (e).

10(2) Reimburse the Department of Industrial Relations for the
11cost of monitoring and enforcing compliance with prevailing wage
12requirements for every public works project of the awarding body
13as described in subdivision (f).

14(b) For purposes of this section, a labor compliance program
15shall include, but not be limited to, the following requirements:

16(1) All bid invitations and public works contracts shall contain
17appropriate language concerning the requirements of this chapter.

18(2) A prejob conference shall be conducted with the contractor
19and subcontractors to discuss federal and state labor law
20requirements applicable to the contract.

21(3) Project contractors and subcontractors shall maintain and
22furnish, at a designated time, a certified copy of each weekly
23payroll containing a statement of compliance signed under penalty
24of perjury.

25(4) The awarding body shall review, and, if appropriate, audit
26payroll records to verify compliance with this chapter.

27(5) The awarding body shall withhold contract payments when
28payroll records are delinquent or inadequate.

29(6) The awarding body shall withhold contract payments equal
30to the amount of underpayment and applicable penalties when,
31after investigation, it is established that underpayment has occurred.

32(7) The awarding body shall comply with any other prevailing
33wage monitoring and enforcement activities that are required to
34be conducted by labor compliance programs by the Department
35of Industrial Relations.

36(c) For purposes of this chapter, “labor compliance program”
37means a labor compliance program that is approved, as specified
38in state regulations, by the Director of Industrial Relations.

P66   1(d) For purposes of this chapter, the Director of Industrial
2Relations may revoke the approval of a labor compliance program
3in the manner specified in state regulations.

4(e) An awarding body that elects to use a labor compliance
5program pursuant to subdivision (a)begin delete mustend deletebegin insert shallend insert use the labor
6compliance program for all contracts for public works projects
7awarded prior to the effective date of the regulations adopted by
8the department as specified in subdivision (g). For contracts for
9public works projects awarded on or after the effective date of
10regulations adopted by the department as specified in subdivision
11(g), the awarding body may also elect to continue operating an
12existing previously approved labor compliance program in lieu of
13reimbursing the Department of Industrial Relations for the cost of
14monitoring and enforcing compliance with prevailing wage
15requirements on the awarding body’s public works projects if it
16has not contracted with a third party to conduct its labor compliance
17program and if it requests and receives approval from the
18department to continue its existing program.

19(f) An awarding body that elects to reimburse the department
20for the cost of monitoring and enforcing compliance with prevailing
21wage requirements for public works projects of the awarding body,
22pursuant to subdivision (a),begin delete mustend deletebegin insert shallend insert, for all of its contracts for
23public works projects awarded on or after the effective date of the
24regulations adopted by the department as specified in subdivision
25(g)begin insert do all of the followingend insert:

26(1) Ensure that all bid invitations and public works contracts
27contain appropriate language concerning the requirements of this
28chapter.

29(2) Conduct a prejob conference with the contractor and
30subcontractor to discuss federal and state labor law requirements
31applicable to the contract.

32(3) Enter into an agreement with the department to reimburse
33the department for its costs of performing the service of monitoring
34and enforcing compliance with applicable prevailing wage
35 requirements on the awardingbegin delete bodies’end deletebegin insert body’send insert projects.

36(g) The Department of Industrial Relations shall adopt
37regulations implementing this section specifying the activities
38begin delete whichend deletebegin insert thatend insert the department shall undertake to monitor and enforce
39compliance with the prevailing wage requirements on the public
P67   1works projects, including, but not limited to, monthly review, and
2audit if appropriate, of payroll records.

3(h) (1) The Department of Industrial Relations shallbegin insert, in
4accordance with paragraphs (3) and (4) of subdivision (a) of
5Section 1771.3,end insert
determine the ratebegin delete or ratesend delete, which the department
6may from time to time amend, that the department will chargebegin delete in
7obtainingend delete
begin insert forend insert reimbursement frombegin delete awarding bodiesend deletebegin insert an awarding
8bodyend insert
for the reasonable and directly related costs of performing
9the specified monitoring and enforcementbegin delete services, provided the
10amount charged by the department shall not exceed one-fourth of
111 percent of the total public works project costsend delete
begin insert services for public
12works projectsend insert
.

13(2) Notwithstanding paragraph (1), for public works projects
14paid for in whole or part out of public funds, within the meaning
15of subdivision (b) of Section 1720, that are derived from bonds
16issued by the state, the amount charged by the department shall
17not exceed one-fourth of 1 percent of the state bond proceeds used
18for the public works projectbegin insert, with any other remaining costs of
19monitoring and enforcing compliance to be paid by the awarding
20body from other funds authorized to be used to finance the projectend insert
.

21(i) All amounts collected by the Department of Industrial
22Relations for its services pursuant to this section shall be deposited
23in the State Public Works Enforcement Fund.

24begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 7852 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

25

7852.  

(a) It is the intent of the Legislature, in enacting this
26part, that the Occupational Safety and Health Standards Board and
27the Division of Occupational Health and Safety (OSHA) promote
28worker safety through implementation of training and process
29safety management practices in petroleum refineries and chemical
30plants and other facilities deemed appropriate.

31(b) To the maximum extent practicable, the board and the
32division shall minimize duplications with other state statutory
33programs and business reporting requirements when developing
34standards pursuant to Chapter 2 (commencing with Section 7855).

35(c) It is further the intent of the Legislature, in enacting this
36part, that in the interest of promoting worker safety, standards be
37adoptedbegin delete at the earliest reasonably possible date, but in no case later
38than July 1, 1992end delete
begin insert by March 31, 2014end insert.

39begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 7856 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

P68   1

7856.  

begin deleteNo later than July 1, 1992, end deletebegin insertBy March 31, 2014, end insertthe board
2shall adopt process safety management standards for refineries,
3chemical plants, and other manufacturing facilities, as specified
4in Codes 28 (Chemical and Allied Products) and 29 (Petroleum
5Refining and Related Industries) of the Manual of Standard
6Industrial Classification Codes, published by the United States
7Office of Management and Budget, 1987 Edition, that handle
8acutely hazardous material as defined in subdivision (a) of Section
925532 and subdivision (a) of Section 25536 of the Health and
10Safety Code and pose a significant likelihood of accident risk, as
11 determined by the board. Alternately, upon making a finding that
12there is a significant likelihood of risk to employees at a facility
13not included in Codes 28 and 29 resulting from the presence of
14acutely hazardous materials or explosives as identified in Part 172
15(commencing with Section 172.1) of Title 49 of the Code of
16Federal Regulations, the board may require that these facilities be
17subject to the jurisdiction of the standards provided for in this
18section. When adopting these standards, the board shall give
19priority to facilities and areas of facilities where the potential is
20greatest for preventing severe or catastrophic accidents because
21of the size or nature of the process or business. The standards
22adopted pursuant to this section shall require that injury prevention
23programs of employers subject to this part and implemented
24pursuant to Section 6401.7 include the requirements of this part.

25begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 7870 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

26

7870.  

Notwithstanding the availability of federal funds to carry
27out the purposes of this part, the divisionbegin delete mayend deletebegin insert shall annuallyend insert fix
28and collect reasonable fees for consultation, inspection, adoption
29of standards, and other duties conducted pursuant to this part.begin insert The
30fees shall be adopted by March 31, 2014. All revenue collected
31from these fees shall be deposited into the Occupational Safety
32and Health Fund. The fees shall be sufficient to support, at a
33minimum, the annual cost of 15 positions.end insert
The expenditure of these
34 funds shall be subject to appropriation by the Legislature in the
35annual Budget Actbegin insert or other measureend insert.

36begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 1197 of the end insertbegin insertMilitary and Veterans Codeend insertbegin insert is
37amended to read:end insert

38

1197.  

The board shall consist of five members who shall be
39registered electors residing within the district or proposed district
40at the time of their election and shall be elected by the qualified
P69   1electors of the district. A majority of the seats on the board shall
2be designated for veterans, as defined in Section 940. Any board
3seat that is so designated, but is not currently filled by a qualifying
4individual, shall be filled by a qualified individual at the next
5election at which that seat is to be filled. Members shall serve
6without compensation, butbegin delete shall be entitled toend deletebegin insert may receive
7reimbursement forend insert
actual and necessary expenses incurred in the
8performance of duties. Reimbursement for these expenses is subject
9to Sections 53232.2 and 53232.3 of the Government Code.

10begin insert

begin insertSEC. 55.end insert  

end insert

begin insertSection 1203 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

1203.  

(a) As used in this code, “probation” means the
12suspension of the imposition or execution of a sentence and the
13order of conditional and revocable release in the community under
14the supervision of a probation officer. As used in this code,
15“conditional sentence” means the suspension of the imposition or
16execution of a sentence and the order of revocable release in the
17community subject to conditions established by the court without
18the supervision of a probation officer. It is the intent of the
19Legislature that both conditional sentence and probation are
20authorized whenever probation is authorized in any code as a
21sentencing option for infractions or misdemeanors.

22(b) (1) Except as provided in subdivision (j), if a person is
23convicted of a felony and is eligible for probation, before judgment
24is pronounced, the court shall immediately refer the matter to a
25probation officer to investigate and report to the court, at a specified
26time, upon the circumstances surrounding the crime and the prior
27history and record of the person, which may be considered either
28in aggravation or mitigation of the punishment.

29(2) (A) The probation officer shall immediately investigate and
30make a written report to the court of his or her findings and
31recommendations, including his or her recommendations as to the
32granting or denying of probation and the conditions of probation,
33if granted.

34(B) Pursuant to Section 828 of the Welfare and Institutions
35Code, the probation officer shall include in his or her report any
36information gathered by a law enforcement agency relating to the
37taking of the defendant into custody as a minor, which shall be
38considered for purposes of determining whether adjudications of
39commissions of crimes as a juvenile warrant a finding that there
P70   1are circumstances in aggravation pursuant to Section 1170 or to
2deny probation.

3(C) If the person was convicted of an offense that requires him
4or her to register as a sex offender pursuant to Sections 290 to
5290.023, inclusive, or if the probation report recommends that
6registration be ordered at sentencing pursuant to Section 290.006,
7the probation officer’s report shall include the results of the
8State-Authorized Risk Assessment Tool for Sex Offenders
9(SARATSO) administered pursuant to Sections 290.04 to 290.06,
10inclusive, if applicable.

11(D) The probation officerbegin delete shallend deletebegin insert mayend insert also include in the report
12his or her recommendation of both of the following:

13(i) The amount the defendant should be required to pay as a
14restitution fine pursuant to subdivision (b) of Section 1202.4.

15(ii) Whether the court shall require, as a condition of probation,
16restitution to the victim or to the Restitution Fund and the amount
17thereof.

18(E) The report shall be made available to the court and the
19prosecuting and defense attorneys at least five days, or upon request
20of the defendant or prosecuting attorney nine days, prior to the
21time fixed by the court for the hearing and determination of the
22report, and shall be filed with the clerk of the court as a record in
23the case at the time of the hearing. The time within which the report
24shall be made available and filed may be waived by written
25stipulation of the prosecuting and defense attorneys that is filed
26with the court or an oral stipulation in open court that is made and
27entered upon the minutes of the court.

28(3) At a time fixed by the court, the court shall hear and
29determine the application, if one has been made, or, in any case,
30the suitability of probation in the particular case. At the hearing,
31the court shall consider any report of the probation officer,
32including the results of the SARATSO, if applicable, and shall
33make a statement that it has considered the report, which shall be
34filed with the clerk of the court as a record in the case. If the court
35determines that there are circumstances in mitigation of the
36punishment prescribed by law or that the ends of justice would be
37served by granting probation to the person, it may place the person
38on probation. If probation is denied, the clerk of the court shall
39immediately send a copy of the report to the Department of
P71   1Corrections and Rehabilitation at the prison or other institution to
2which the person is delivered.

3(4) The preparation of the report or the consideration of the
4report by the court may be waived only by a written stipulation of
5the prosecuting and defense attorneys that is filed with the court
6or an oral stipulation in open court that is made and entered upon
7the minutes of the court, except thatbegin delete there shall be noend deletebegin insert aend insert waiver
8begin insert shall not be allowedend insert unless the court consents thereto. However,
9if the defendant is ultimately sentenced and committed to the state
10prison, a probation report shall be completed pursuant to Section
111203c.

12(c) If a defendant is not represented by an attorney, the court
13shall order the probation officer who makes the probation report
14to discuss its contents with the defendant.

15(d) If a person is convicted of a misdemeanor, the court may
16either refer the matter to the probation officer for an investigation
17and a report or summarily pronounce a conditional sentence. If
18the person was convicted of an offense that requires him or her to
19register as a sex offender pursuant to Sections 290 to 290.023,
20inclusive, or if the probation officer recommends that the court,
21at sentencing, order the offender to register as a sex offender
22pursuant to Section 290.006, the court shall refer the matter to the
23probation officer for the purpose of obtaining a report on the results
24of the State-Authorized Risk Assessment Tool for Sex Offenders
25administered pursuant to Sections 290.04 to 290.06, inclusive, if
26 applicable, which the court shall consider. If the case is not referred
27to the probation officer, in sentencing the person, the court may
28consider any information concerning the person that could have
29been included in a probation report. The court shall inform the
30person of the information to be considered and permit him or her
31to answer or controvert the information. For this purpose, upon
32the request of the person, the court shall grant a continuance before
33the judgment is pronounced.

34(e) Except in unusual cases where the interests of justice would
35best be served if the person is granted probation, probation shall
36not be granted to any of the following persons:

37(1) Unless the person had a lawful right to carry a deadly
38weapon, other than a firearm, at the time of the perpetration of the
39crime or his or her arrest, any person who has been convicted of
40arson, robbery, carjacking, burglary, burglary with explosives,
P72   1rape with force or violence, torture, aggravated mayhem, murder,
2attempt to commit murder, trainwrecking, kidnapping, escape from
3the state prison, or a conspiracy to commit one or more of those
4crimes and who was armed with the weapon at either of those
5times.

6(2) Any person who used, or attempted to use, a deadly weapon
7upon a human being in connection with the perpetration of the
8crime of which he or she has been convicted.

9(3) Any person who willfully inflicted great bodily injury or
10torture in the perpetration of the crime of which he or she has been
11convicted.

12(4) Any person who has been previously convicted twice in this
13state of a felony or in any other place of a public offense which,
14if committed in this state, would have been punishable as a felony.

15(5) Unless the person has never been previously convicted once
16in this state of a felony or in any other place of a public offense
17which, if committed in this state, would have been punishable as
18a felony, any person who has been convicted of burglary with
19explosives, rape with force or violence, torture, aggravated
20mayhem, murder, attempt to commit murder, trainwrecking,
21extortion, kidnapping, escape from the state prison, a violation of
22Section 286, 288, 288a, or 288.5, or a conspiracy to commit one
23or more of those crimes.

24(6) Any person who has been previously convicted once in this
25state of a felony or in any other place of a public offense which,
26if committed in this state, would have been punishable as a felony,
27if he or she committed any of the following acts:

28(A) Unless the person had a lawful right to carry a deadly
29weapon at the time of the perpetration of the previous crime or his
30or her arrest for the previous crime, he or she was armed with a
31weapon at either of those times.

32(B) The person used, or attempted to use, a deadly weapon upon
33a human being in connection with the perpetration of the previous
34crime.

35(C) The person willfully inflicted great bodily injury or torture
36in the perpetration of the previous crime.

37(7) Any public official or peace officer of this state or any city,
38county, or other political subdivision who, in the discharge of the
39duties of his or her public office or employment, accepted or gave
P73   1or offered to accept or give any bribe, embezzled public money,
2or was guilty of extortion.

3(8) Any person who knowingly furnishes or gives away
4phencyclidine.

5(9) Any person who intentionally inflicted great bodily injury
6in the commission of arson under subdivision (a) of Section 451
7or who intentionally set fire to, burned, or caused the burning of,
8an inhabited structure or inhabited property in violation of
9subdivision (b) of Section 451.

10(10) Any person who, in the commission of a felony, inflicts
11great bodily injury or causes the death of a human being by the
12discharge of a firearm from or at an occupied motor vehicle
13proceeding on a public street or highway.

14(11) Any person who possesses a short-barreled rifle or a
15short-barreled shotgun under Section 33215, a machinegun under
16Section 32625, or a silencer under Section 33410.

17(12) Any person who is convicted of violating Section 8101 of
18the Welfare and Institutions Code.

19(13) Any person who is described in subdivision (b) or (c) of
20Section 27590.

21(f) When probation is granted in a case which comes within
22subdivision (e), the court shall specify on the record and shall enter
23on the minutes the circumstances indicating that the interests of
24justice would best be served by that disposition.

25(g) If a person is not eligible for probation, the judge shall refer
26the matter to the probation officer for an investigation of the facts
27relevant to determination of the amount of a restitution fine
28pursuant to subdivision (b) of Section 1202.4 in all cases where
29the determination is applicable. The judge, in his or her discretion,
30may direct the probation officer to investigate all facts relevant to
31the sentencing of the person. Upon that referral, the probation
32officer shall immediately investigate the circumstances surrounding
33the crime and the prior record and history of the person and make
34a written report to the court of his or her findings. The findings
35shall include a recommendation of the amount of the restitution
36fine as provided in subdivision (b) of Section 1202.4.

37(h) If a defendant is convicted of a felony and a probation report
38is prepared pursuant to subdivision (b) or (g), the probation officer
39may obtain and include in the report a statement of the comments
40of the victim concerning the offense. The court may direct the
P74   1probation officer not to obtain a statement if the victim has in fact
2testified at any of the court proceedings concerning the offense.

3(i) begin deleteNo end deletebegin insertA end insertprobationer shallbegin insert notend insert be released to enter another state
4unless his or her case has been referred to the Administrator of the
5Interstate Probation and Parole Compacts, pursuant to the Uniform
6Act for Out-of-State Probationer or Parolee Supervision (Article
73 (commencing with Section 11175) of Chapter 2 of Title 1 of Part
84) and the probationer has reimbursed the county that has
9jurisdiction over his or her probation case the reasonable costs of
10processing his or her request for interstate compact supervision.
11The amount and method of reimbursement shall be in accordance
12with Section 1203.1b.

13(j) In any court where a county financial evaluation officer is
14available, in addition to referring the matter to the probation officer,
15the court may order the defendant to appear before the county
16financial evaluation officer for a financial evaluation of the
17defendant’s ability to pay restitution, in which case the county
18financial evaluation officer shall report his or her findings regarding
19restitution and other court-related costs to the probation officer on
20the question of the defendant’s ability to pay those costs.

21Any order made pursuant to this subdivision may be enforced
22as a violation of the terms and conditions of probation upon willful
23failure to pay and at the discretion of the court, may be enforced
24in the same manner as a judgment in a civil action, if any balance
25remains unpaid at the end of the defendant’s probationary period.

26(k) Probation shall not be granted to, nor shall the execution of,
27or imposition of sentence be suspended for, any person who is
28convicted of a violent felony, as defined in subdivision (c) of
29Section 667.5, or a serious felony, as defined in subdivision (c) of
30Section 1192.7, and who was on probation for a felony offense at
31the time of the commission of the new felony offense.

32begin insert

begin insertSEC. 56.end insert  

end insert

begin insertSection 13518.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
33read:end insert

34

13518.1.  

In order to prevent the spread of communicable
35disease,begin delete everyend deletebegin insert aend insert law enforcement agency employing peace officers
36described in subdivision (a) of Section 13518begin delete shallend deletebegin insert mayend insert provide
37to each of these peace officers an appropriate portable manual
38mask and airway assembly for use when applying cardiopulmonary
39resuscitation.

40begin insert

begin insertSEC. 57.end insert  

end insert

begin insertSection 13701 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P75   1

13701.  

(a) begin deleteEvery end deletebegin insertAs a best practice, every end insertlaw enforcement
2agency in this statebegin delete shallend deletebegin insert mayend insert develop, adopt, and implement
3written policies and standards for officers’ responses to domestic
4violence calls by January 1, 1986. These policiesbegin delete shallend deletebegin insert mayend insert reflect
5that domestic violence is alleged criminal conduct. Further, they
6begin delete shallend deletebegin insert mayend insert reflect existing policy that a request for assistance in a
7situation involving domestic violence is the same as any other
8request for assistance where violence has occurred.

9(b) begin deleteThe end deletebegin insertAs a best practice, the end insertwritten policiesbegin delete shallend deletebegin insert mayend insert
10 encourage the arrest of domestic violence offenders if there is
11probable cause that an offense has been committed. These policies
12alsobegin delete shallend deletebegin insert mayend insert require the arrest of an offender, absent exigent
13circumstances, if there is probable cause that a protective order
14issued under Chapter 4 (commencing with Section 2040) of Part
151 of Division 6, Division 10 (commencing with Section 6200), or
16Chapter 6 (commencing with Section 7700) of Part 3 of Division
1712, of the Family Code, or Section 136.2 of this code, or by a court
18of any other state, a commonwealth, territory, or insular possession
19subject to the jurisdiction of the United States, a military tribunal,
20or a tribe has been violated. These policiesbegin delete shallend deletebegin insert mayend insert discourage,
21when appropriate, but not prohibit, dual arrests. Peace officers
22begin delete shallend deletebegin insert mayend insert make reasonable efforts to identify the dominant
23aggressor in any incident. The dominant aggressor is the person
24determined to be the most significant, rather than the first,
25aggressor. In identifying the dominant aggressor, an officerbegin delete shallend delete
26begin insert mayend insert consider the intent of the law to protect victims of domestic
27violence from continuing abuse, the threats creating fear of physical
28injury, the history of domestic violence between the persons
29involved, and whether either person acted in self-defense. These
30arrest policiesbegin delete shallend deletebegin insert mayend insert be developed, adopted, and implemented
31by July 1, 1996. Notwithstanding subdivision (d), law enforcement
32agenciesbegin delete shallend deletebegin insert mayend insert develop these policies with the input of local
33domestic violence agencies.

34(c) begin deleteThese end deletebegin insertAs a best practice, these end insertexisting local policies and
35those developedbegin delete shallend deletebegin insert mayend insert be in writing andbegin insert, if developed,end insert shall
36be available to the public upon request andbegin delete shallend deletebegin insert mayend insert include
37specific standards for the following:

38(1) Felony arrests.

39(2) Misdemeanor arrests.

40(3) Use of citizen arrests.

P76   1(4) Verification and enforcement of temporary restraining orders
2when (A) the suspect is present and (B) the suspect has fled.

3(5) Verification and enforcement of stay-away orders.

4(6) Cite and release policies.

5(7) Emergency assistance to victims, such as medical care,
6transportation to a shelter, or a hospital for treatment when
7necessary, and police standbys for removing personal property
8and assistance in safe passage out of the victim’s residence.

9(8) Assisting victims in pursuing criminal options, such as giving
10the victim the report number and directing the victim to the proper
11investigation unit.

12(9) Furnishing written notice to victims at the scene, including,
13but not limited to, all of the following information:

14(A) A statement informing the victim that despite official
15restraint of the person alleged to have committed domestic
16violence, the restrained person may be released at any time.

17(B) A statement that, “For further information about a shelter
18you may contact ____.”

19(C) A statement that, “For information about other services in
20the community, where available, you may contact ____.”

21(D) A statement that, “For information about the California
22victims’ compensation program, you may contact 1-800-777-9229.”

23(E) A statement informing the victim of domestic violence that
24he or she may ask the district attorney to file a criminal complaint.

25(F) A statement informing the victim of the right to go to the
26superior court and file a petition requesting any of the following
27orders for relief:

28(i) An order restraining the attacker from abusing the victim
29and other family members.

30(ii) An order directing the attacker to leave the household.

31(iii) An order preventing the attacker from entering the
32residence, school, business, or place of employment of the victim.

33(iv) An order awarding the victim or the other parent custody
34of or visitation with a minor child or children.

35(v) An order restraining the attacker from molesting or
36interfering with minor children in the custody of the victim.

37(vi) An order directing the party not granted custody to pay
38support of minor children, if that party has a legal obligation to do
39so.

P77   1(vii) An order directing the defendant to make specified debit
2 payments coming due while the order is in effect.

3(viii) An order directing that either or both parties participate
4in counseling.

5(G) A statement informing the victim of the right to file a civil
6suit for losses suffered as a result of the abuse, including medical
7expenses, loss of earnings, and other expenses for injuries sustained
8and damage to property, and any other related expenses incurred
9by the victim or any agency that shelters the victim.

10(H) In the case of an alleged violation of subdivision (e) of
11Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,
12a “Victims of Domestic Violence” card which shall include, but
13is not limited to, the following information:

14(i) The names and phone numbers of or local county hotlines
15for, or both the phone numbers of and local county hotlines for,
16local shelters for battered women and rape victim counseling
17centers within the county, including those centers specified in
18Section 13837, and their 24-hour counseling service telephone
19numbers.

20(ii) A simple statement on the proper procedures for a victim
21to follow after a sexual assault.

22(iii) A statement that sexual assault by a person who is known
23to the victim, including sexual assault by a person who is the
24spouse of the victim, is a crime.

25(iv) A statement that domestic violence or assault by a person
26who is known to the victim, including domestic violence or assault
27by a person who is the spouse of the victim, is a crime.

28(10) Writing of reports.

29(d) In the development of these policies and standards, each
30local department is encouraged to consult with domestic violence
31experts, such as the staff of the local shelter for battered women
32and their children. Departments may utilize the response guidelines
33developed by the commission in developing local policies.

34begin insert

begin insertSEC. 58.end insert  

end insert

begin insertSection 13710 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

35

13710.  

(a) (1) begin deleteLaw end deletebegin insertAs a best practice, law end insertenforcement
36agenciesbegin delete shallend deletebegin insert mayend insert maintain a complete and systematic record of
37all protection orders with respect to domestic violence incidents,
38including orders which have not yet been served, issued pursuant
39to Section 136.2, restraining orders, and proofs of service in effect.
40Thisbegin delete shallend deletebegin insert mayend insert be used to inform law enforcement officers
P78   1responding to domestic violence calls of the existence, terms, and
2effective dates of protection orders in effect.

3(2) The police department of a community college or school
4district described in subdivision (a) or (b) of Section 830.32 shall
5notify the sheriff or police chief of the city in whose jurisdiction
6the department is located of any protection order served by the
7department pursuant to this section.

8(b) The terms and conditions of the protection order remain
9enforceable, notwithstanding the acts of the parties, and may be
10changed only by order of the court.

11(c) Upon request, law enforcement agencies shall serve the party
12to be restrained at the scene of a domestic violence incident or at
13any time the party is in custody.

14begin insert

begin insertSEC. 59.end insert  

end insert

begin insertSection 13730 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

15

13730.  

(a) begin deleteEach end deletebegin insertAs a best practice, each end insertlaw enforcement
16agencybegin delete shallend deletebegin insert mayend insert develop a system, by January 1, 1986, for
17recording all domestic violence-related calls for assistance made
18to the department including whether weapons are involved. All
19domestic violence-related calls for assistancebegin delete shallend deletebegin insert mayend insert be
20supported with a written incident report, as described in subdivision
21(c), identifying the domestic violence incident. Monthly, the total
22number of domestic violence calls received and the numbers of
23those cases involving weaponsbegin delete shallend deletebegin insert mayend insert be compiled by each law
24enforcement agency and submitted to the Attorney General.

25(b) The Attorney General shall report annually to the Governor,
26the Legislature, and the public the total number of domestic
27violence-related calls received by California law enforcement
28agencies, the number of cases involving weapons, and a breakdown
29of calls received by agency, city, and county.

30(c) begin deleteEach end deletebegin insertAs a best practice, each end insertlaw enforcement agencybegin delete shallend delete
31begin insert mayend insert develop an incident report form that includes a domestic
32violence identification code by January 1, 1986. In all incidents
33of domestic violence, a reportbegin delete shallend deletebegin insert mayend insert be written andbegin delete shallend deletebegin insert mayend insert
34 be identified on the face of the report as a domestic violence
35incident. The reportbegin delete shallend deletebegin insert mayend insert include at least all of the following:

36(1) A notation of whether the officer or officers who responded
37to the domestic violence call observed any signs that the alleged
38abuser was under the influence of alcohol or a controlled substance.

39(2) A notation of whether the officer or officers who responded
40to the domestic violence call determined if any law enforcement
P79   1agency had previously responded to a domestic violence call at
2the same address involving the same alleged abuser or victim.

3(3) A notation of whether the officer or officers who responded
4to the domestic violence call found it necessary, for the protection
5of the peace officer or other persons present, to inquire of the
6victim, the alleged abuser, or both, whether a firearm or other
7deadly weapon was present at the location, and, if there is an
8inquiry, whether that inquiry disclosed the presence of a firearm
9 or other deadly weapon. Any firearm or other deadly weapon
10discovered by an officer at the scene of a domestic violence
11incident shall be subject to confiscation pursuant to Division 4
12(commencing with Section 18250) of Title 2 of Part 6.

13begin insert

begin insertSEC. 60.end insert  

end insert

begin insertSection 10351 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
14to read:end insert

15

10351.  

(a) The department shall exempt from its approval
16contracts underbegin delete seventy-five thousand dollars ($75,000)end deletebegin insert one
17hundred fifty thousand dollars ($150,000)end insert
that any state agency
18awards if the state agency does all of the following:

19(1) Designates an agency officer as responsible and directly
20accountable for the agency’s contracting program.

21(2) Establishes written policies and procedures and a
22management system that will ensure the state agency’s contracting
23activities comply with applicable provisions of law and regulations
24and that it has demonstrated the ability to carry out these policies
25and procedures and to implement the management system.

26(3) Establishes a plan for ensuring that contracting personnel
27are adequately trained in contract administration and contract
28management.

29(4) Conducts an audit every two years of the contracting program
30and reports to the department as it may require.

31(5) Establishes procedures for reporting to the department and
32the Legislature on such contracts as the Legislature may require
33in the Budget Act.

34(b) Any state agency may request the department to exempt
35from its approval classes or types of contracts under this section.
36When the department receives a request but refuses to grant the
37exemption, it shall state in writing the reasons for the refusal. It is
38the intent of the Legislature that the department shall actively
39implement the provisions of this section and shall exempt from its
40approval as wide a range of classes or types of contracts as is
P80   1consistent with proper administrative controls and the best interests
2of the state.

3begin insert

begin insertSEC. 61.end insert  

end insert

begin insertSection 12100 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
4to read:end insert

5

12100.  

begin insert(a)end insertbegin insertend insertThe Legislature finds that the unique aspects of
6informationbegin delete technology, as defined in Section 11702 of the
7Government Code,end delete
begin insert technology projects, as defined in Chapter
84800 of the State Administrative Manual and not delegated under
9subdivision (e) of Section 12102.2, and their importance to state
10programs warrantend insert
a separate acquisition authority. The Legislature
11further finds that this separate authority should enable the timely
12acquisition of information technology goods and servicesbegin delete in orderend delete
13 to meet the state’s needs in the most value-effective manner.

begin delete

14All contracts for the acquisition of information technology goods
15or services, whether by lease or purchase, shall be made by or
16under the supervision of the Department of General Services.

end delete
begin insert

17(b) (1) All contracts for the acquisition of information
18technology projects, reportable under Chapter 4800 of the State
19Administrative Manual and not delegated under subdivision (e)
20of Section 12102.2, shall be made by or under the supervision of
21the Department of Technology consistent with the requirements
22of this chapter.

end insert
begin insert

23(2) The Department of Technology shall have the authority
24necessary for the acquisition of information technology projects
25as prescribed in this chapter.

end insert
begin insert

26(c) The Department of Technology shall have the final authority
27in the determination of information technology procurement policy.

end insert
begin insert

28(d) The Department of Technology shall have the final authority
29in the determination of information technology procurement
30procedures applicable to acquisitions of information technology
31projects reportable under Chapter 4800 of the State Administrative
32Manual and not delegated under subdivision (e) of Section 12102.2
33and telecommunications procurements made pursuant to Section
3412120.

end insert
begin insert

35(e) The Department of Technology shall have the final authority
36in the determination of procurement policy in telecommunications
37procurements made pursuant to Section 12120.

end insert
begin insert

38(f) Unless otherwise expressly provided, all contracts for the
39acquisition of information technology goods or services, whether
P81   1by lease or purchase, shall be made by or under the supervision
2of the Department of General Services.

end insert
begin insert

3(g) Unless otherwise expressly provided, the Department of
4General Services shall have the final authority in the determination
5of information technology procurement procedures.

end insert
6begin insert

begin insertSEC. 62.end insert  

end insert

begin insertSection 12100.5 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
7amended to read:end insert

8

12100.5.  

The Regents of the University of California, the
9Trustees of the California State University, and the Board of
10Governors of the California Community Colleges shall not be
11subject to this chapter except that the trustees shall develop policies
12and procedures maintained in its state university administrative
13manual and the board shall adopt policies and procedures
14maintained in its administrative manual that further the legislative
15policies for contracting expressed in this chapter but without the
16involvement of the Director of Financebegin delete andend deletebegin insert,end insert the Director of General
17Servicesbegin delete orend deletebegin insert,end insert the Department of Financebegin delete andend deletebegin insert,end insert the Department of
18General Servicesbegin insert, the Director of Technology, or the Department
19of Technologyend insert
.

20begin insert

begin insertSEC. 63.end insert  

end insert

begin insertSection 12100.7 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
21amended to read:end insert

22

12100.7.  

As used in this chapter:

begin delete

23(a) “Department” means the Department of General Services.

end delete
begin delete

24(b) “Director” means the Director of General Services.

end delete
begin delete

25(c) “Information technology” shall have the same definition as
26set forth in Section 11702 of the Government Code.

end delete
begin delete

27(d)

end delete

28begin insert(a)end insert “Multiple award schedule” (MAS) is an agreement
29established between the General Services Administration of the
30United States and certain suppliers to do business under specific
31prices, terms, and conditions for specified goods, information
32technology, and services.

begin delete

33(e)

end delete

34begin insert(b)end insert “Multiple award” means a contract of indefinite quantity
35for one or more similar goods, information technology, or services
36to more than one supplier.

begin delete

37(f) “Office” means the office in the department, by whatever
38name it may be called, which is responsible for contracting for
39goods and information technology, and is headed by the state
40procurement officer.

end delete
begin delete

P82   1(g)

end delete

2begin insert(c)end insert “Procedures” means thebegin delete specific methods or courses of action
3to implement policies forend delete
begin insert rules, methods, and practices to be
4followed in conductingend insert
information technologybegin delete procurement.end delete
5begin insert procurements.end insert

begin delete

6(h) For purposes of this chapter, “policies” may be defined as
7setting general principles and standards for the acquisition of
8information technology.

end delete
begin insert

9(d) “Policies” means determining what information technology
10goods or services are to be purchased and by whom.

end insert
begin delete

11(i)

end delete

12begin insert(e)end insert For purposes of this chapter, “value-effective acquisition”
13may be defined to include, but not be limited to, the following:

14(1) The operational cost that the state would incur if the bid or
15proposal is accepted.

16(2) Quality of the product or service, or its technical competency.

17(3) Reliability of delivery and implementation schedules.

18(4) The maximum facilitation of data exchange and systems
19integration.

20(5) Warranties, guarantees, and return policy.

21(6) Supplier financial stability.

22(7) Consistency of the proposed solution with the state’s
23planning documents and announced strategic program direction.

24(8) Quality and effectiveness of business solution and approach.

25(9) Industry and program experience.

26(10) Prior record of supplier performance.

27(11) Supplier expertise with engagements of similar scope and
28complexity.

29(12) Extent and quality of the proposed participation and
30acceptance by all user groups.

31(13) Proven development methodologies and tools.

32(14) Innovative use of current technologies and quality results.

33begin insert

begin insertSEC. 64.end insert  

end insert

begin insertSection 12101 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
34to read:end insert

35

12101.  

It is the intent of the Legislature that policiesbegin insert and
36proceduresend insert
developed by thebegin delete California Technology Agency and
37procedures developed byend delete
begin insert Department of Technology andend insert the
38Department of General Services in accordance withbegin delete Section 12102end delete
39begin insert this chapterend insert provide for the following:

P83   1(a) The expeditious and value-effective acquisition of
2information technology goods and services to satisfy state
3requirements.

4(b) The acquisition of information technology goods and services
5within a competitive framework.

6(c) The delegation of authority by the Department of General
7Services to each state agency that has demonstrated to the
8department’s satisfaction the ability to conduct value-effective
9information technology goods and services acquisitions.

10(d) The exclusion from state bid processes, at the state’s option,
11of any supplier having failed to meet prior contractual requirements
12related to information technology goods and services.

13(e) The review and resolution of protests submitted by any
14bidders with respect to any information technology goods and
15services acquisitions.

16begin insert

begin insertSEC. 65.end insert  

end insert

begin insertSection 12101.2 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
17amended to read:end insert

18

12101.2.  

begin deleteCommencing on January 1, 1994, the department end deletebegin insertThe
19Department of General Services end insert
shall prenegotiate the repetitively
20used terms and conditions in the state’s model contract with each
21interested vendor who bids or proposes on electronic data
22processing or telecommunications procurements. The contract
23language shall be kept on file, as a matter of public record, and
24shall remain operational until either the state or the vendor provides
2530 days’ notice to the other party that new negotiations are deemed
26appropriate.

27If, for a particular procurement, the state seeks to make any
28 further changes to either the negotiated or the standard contract
29language, or both, it shall identify those changes to each bidder or
30proposer prior to the due date for the bid or proposal. If for a
31particular procurement, a bidder or proposer seeks to propose a
32negotiated change or standard contract language change, it shall
33make this identification within the timeframe identified in the
34solicitation document.

35begin insert

begin insertSEC. 66.end insert  

end insert

begin insertSection 12101.5 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
36amended to read:end insert

37

12101.5.  

(a) It is the intent of the Legislature that agencies of
38the state use an acquisition method that is compatible with their
39short- and long-term fiscal needs in contracts relating to
40commodities and information technology goods and services. State
P84   1agencies should be able to specify their anticipated life cycle
2requirements that would become one of the criteria for contractor
3selection. These agencies should be given the choice of suppliers
4to meet statewide standardization needs, unique service
5requirements, application requirements, and long-term satisfaction
6criteria. There is a need for the state to enter into long-term
7contracts with annual cancellation and fund-out clauses, as
8required, to protect the state’s interests as well as provide the option
9for multiyear renewals to encourage suppliers to develop higher
10levels of service and support throughout the contracts.

11(b) The state may utilize multiple awards, including federal
12General Service Administration Multiple Awards Schedules and
13master agreements or contracts for goods, information technology,
14services, or consulting services. For purposes of this subdivision,
15a multiple award is an award of an indefinite quantity contract for
16one or more similar goods, information technology, or services to
17more than one supplier. Except for possible multiple awards as
18permitted by this subdivision, and except as described in
19subdivision (d), all the requirements of this chapter pertaining to
20other types of information technology acquisitions shall be
21followed. Thebegin delete departmentend deletebegin insert Department of General Servicesend insert shall
22begin insert administer this section andend insert ensure that multiple award schedules
23are in compliance with all other applicable statutes.

24(c) Notwithstanding any other provision of law, state agencies,
25in exercising their contracting authority delegated by the
26begin delete department,end deletebegin insert Department of General Services,end insert may contract with
27suppliers who have multiple award schedules with the General
28Services Administration of the United States on the same terms,
29conditions, and prices if the supplier is willing to do so. The
30begin delete departmentend deletebegin insert Department of General Servicesend insert may also develop
31multiple award schedules or agreements for use by state agencies
32in the same manner. Thebegin delete departmentend deletebegin insert Department of General
33Servicesend insert
shall determine the delegation contracting authority for
34agencies wishing to use multiple award schedules.

35(d) For contracts related to information technology integration
36or development projects that generate revenues or achieve savings
37over a quantifiable baseline of existing costs, state agencies shall
38consider and may incorporate performance-based or
39share-in-savings contract terms to manage risks and create
40incentives for successful contract performance. Performance-based
P85   1or share-in-savings contracts may have the following
2 characteristics, among others:

3(1) Contract terms that specify business outcomes to be
4achieved, not the solution to be provided.

5(2) Contract terms that structure the contract to maintain
6maximum vendor commitment to project success and minimize
7risk to the state by sharing risk with the private sector.

8(3) Utilization of “best value” evaluation methods, which means
9to select the solution that will achieve the best result based on
10business performance measures, not necessarily the lowest price.

11(4) Contract terms that base payments to the vendor primarily
12on achieving predefined performance measures.

13begin insert

begin insertSEC. 67.end insert  

end insert

begin insertSection 12102 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
14to read:end insert

15

12102.  

begin insert(a)end insertbegin insertend insertThe Department of General Services shall maintain,
16in the State Administrative Manual,begin insert allend insert policies and procedures
17governing the acquisition and disposal of information technology
18goods and servicesbegin insert, including, but not limited to, the policies and
19procedures that the Department of Technology is authorized to
20establish for the acquisition of information technology projects.
21The Department of Technology shall provide a link to information
22technology policies and procedures in the State Administrative
23Manual on the homepage of the Internet Web siteend insert
.

begin delete

24(a) Aquistion

end delete

25begin insert(b)end insertbegin insertend insertbegin insertExcept as specified in Section 12102.1, acquisitionend insert of
26information technology goods and services shall be conducted
27through competitive means, except when the Director of General
28Services determines that (1) the goods and services proposed for
29acquisition are the only goods and services which can meet the
30state’s need, or (2) the goods and services are needed in cases of
31emergency where immediate acquisition is necessary for the
32protection of the public health, welfare, or safety. The acquisition
33mode to be used and the procedure to be followed shall be approved
34by the Director of General Services. The Department of General
35Services shall maintain, in the State Administrative Manual,
36appropriate criteria and procedures to ensure compliance with the
37intent of this chapter. These criteria and procedures shall include
38acquisition and contracting guidelines to be followed by state
39agencies with respect to the acquisition of information technology
P86   1goods and services. These guidelines may be in the form of
2standard formats or model formats.

begin delete

3(b) Contract awards for all large-scale systems integration
4projects shall be based on the proposal that provides the most
5value-effective solution to the state’s requirements, as determined
6by the evaluation criteria contained in the solicitation document.
7Evaluation criteria for the acquisition of information technology
8goods and services, including systems integration, shall provide
9for the selection of a contractor on an objective basis not limited
10to cost alone.

end delete
begin delete

11(1) The Department of General Services shall invite active
12participation, review, advice, comment, and assistance from the
13private sector and state agencies in developing procedures to
14streamline and to make the acquisition process more efficient,
15including, but not limited to, consideration of comprehensive
16statements in the request for proposals of the business needs and
17governmental functions, access to studies, planning documents,
18feasibility study reports and draft requests for proposals applicable
19to solicitations, minimizing the time and cost of the proposal
20submittal and selection process, and development of a procedure
21for submission and evaluation of a single proposal rather than
22multiple proposals.

end delete
begin delete

23(2) Solicitations for acquisitions based on evaluation criteria
24other than cost alone shall provide that sealed cost proposals shall
25be submitted and that they shall be opened at a time and place
26designated in the solicitation for bids and proposals. Evaluation
27of all criteria, other than cost, shall be completed prior to the time
28designated for public opening of cost proposals, and the results of
29the completed evaluation shall be published immediately before
30the opening of cost proposals. The state’s contact person for
31administration of the solicitation shall be identified in the
32solicitation for bids and proposals, and that person shall execute
33a certificate under penalty of perjury, which shall be made a
34permanent part of the official contract file, that all cost proposals
35received by the state have been maintained sealed and under lock
36and key until the time cost proposals are opened.

end delete
begin delete

37(c) The acquisition of hardware acquired independently of a
38system integration project may be made on the basis of lowest cost
39meeting all other specifications.

end delete
begin delete

P87   1(d) The 5 percent small business preference provided for in
2Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
3Division 3 of Title 2 of the Government Code and the regulations
4implementing that chapter shall be accorded to all qualifying small
5businesses.

end delete
begin delete

6(e) For all transactions formally advertised, evaluation of
7bidders’ proposals for the purpose of determining contract award
8for information technology goods shall provide for consideration
9of a bidder’s best financing alternatives, including lease or purchase
10alternatives, if any bidder so requests, not less than 30 days prior
11to the date of final bid submission, unless the acquiring agency
12can prove to the satisfaction of the Department of General Services
13that a particular financing alternative should not be so considered.

end delete
begin delete

14(f) Acquisition authority may be delegated by the Director of
15General Services to any state agency that has been determined by
16the Department of General Services to be capable of effective use
17of that authority. This authority may be limited by the Department
18of General Services. Acquisitions conducted under delegated
19authority shall be reviewed by the Department of General Services
20on a selective basis.

end delete
begin delete

21(g) To the extent practical, the solicitation documents shall
22provide for a contract to be written to enable acquisition of
23additional items to avoid essentially redundant acquisition
24processes when it can be determined that it is economical to do
25so.

end delete
begin delete

26Further, it is the intent of the Legislature that, if a state
27information technology advisory committee or a state
28telecommunications advisory committee is established by the
29Governor, or the Director of General Services, the policies and
30procedures developed by the Director of General Services in
31accordance with this chapter shall be submitted to that committee,
32including supplier representatives, for review and comment, and
33that the comment be considered by both departments prior to the
34adoption of any policy or procedure. It is also the intent of the
35Legislature that this section shall apply to the Department of
36General Services Information Technology Customer Council.

end delete
begin delete

37(h) Protest procedures shall be developed to provide bidders an
38opportunity to protest any formal, competitive acquisition
39conducted in accordance with this chapter. The procedures shall
40provide that protests must be filed no later than five working days
P88   1after the issuance of an intent to award. Authority to protest may
2be limited to participating bidders. The Director of General
3Services, or a person designated by the director, may consider and
4decide on initial protests. A decision regarding an initial protest
5shall be final. If prior to the last day to protest, any bidder who has
6submitted an offer files a protest with the department against the
7awarding of the contract on the ground that his or her bid or
8proposal should have been selected in accordance with the selection
9criteria in the solicitation document, the contract shall not be
10awarded until either the protest has been withdrawn or the State
11Board of Control has made a final decision as to the action to be
12taken relating to the protest. Within 10 calendar days after filing
13a protest, the protesting bidder shall file with the State Board of
14Control a full and complete written statement specifying in detail
15the grounds of the protest and the facts in support thereof.

end delete
begin delete

16(i) Information technology goods that have been determined to
17be surplus to state needs shall be disposed of in a manner that will
18best serve the interests of the state. Procedures governing the
19disposal of surplus goods may include auction or transfer to local
20governmental entities.

end delete
begin delete

21(j) A supplier may be excluded from bid processes if the
22supplier’s performance with respect to a previously awarded
23contract has been unsatisfactory, as determined by the state in
24accordance with established procedures that shall be maintained
25in the State Administrative Manual. This exclusion may not exceed
2636 months for any one determination of unsatisfactory
27performance. Any supplier excluded in accordance with this section
28shall be reinstated as a qualified supplier at any time during this
2936-month period, upon demonstrating to the department’s
30satisfaction that the problems that resulted in the supplier’s
31exclusion have been corrected.

end delete
32begin insert

begin insertSEC. 68.end insert  

end insert

begin insertSection 12102.1 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert,
33to read:end insert

begin insert
34

begin insert12102.1.end insert  

(a) The Department of Technology shall establish in
35the State Administrative Manual all of the following:

36(1) Policies governing the acquisition of information technology
37projects.

38(2) Procedures governing the acquisition of information
39technology projects reportable under Chapter 4800 of the State
P89   1Administrative Manual and not delegated under subdivision (e)
2of Section 12102.2.

3(3) Policies and procedures governing the acquisition of
4telecommunications goods and services, as authorized under
5Section 12120.

6(b) Acquisition of information technology goods and services
7that are subject to subdivision (a) shall be conducted through
8competitive means, except when the Director of Technology
9determines that (1) the goods and services proposed for acquisition
10are the only goods and services that can meet the state’s need, or
11(2) the goods and services are needed for an emergency and
12immediate acquisition and are necessary for the protection of the
13public health, welfare, or safety. The acquisition mode to be used
14and the procedure to be followed shall be approved by the Director
15of Technology. The Department of Technology shall establish, in
16the State Administrative Manual, appropriate criteria and
17procedures to ensure compliance with the intent of this chapter.
18These criteria and procedures shall include acquisition and
19contracting guidelines to be followed by state agencies with respect
20to the acquisition of information technology projects that are
21reportable under State Administrative Manual Section 4800 et
22seq. These guidelines may be in the form of standard formats or
23model formats.

end insert
24begin insert

begin insertSEC. 69.end insert  

end insert

begin insertSection 12102.2 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert,
25to read:end insert

begin insert
26

begin insert12102.2.end insert  

(a) Contract awards for all large-scale systems
27integration projects shall be based on the proposal that provides
28the most value-effective solution to the state’s requirements, as
29determined by the evaluation criteria contained in the solicitation
30document. Evaluation criteria for the acquisition of information
31technology goods and services, including systems integration, shall
32provide for the selection of a contractor on an objective basis not
33limited to cost alone.

34(1) The Department of Technology shall invite active
35participation, review, advice, comment, and assistance from the
36private sector and state agencies in developing procedures to
37streamline and to make the acquisition process more efficient,
38including, but not limited to, consideration of comprehensive
39statements in the request for proposals of the business needs and
40governmental functions, access to studies, planning documents,
P90   1feasibility study reports and draft requests for proposals applicable
2to solicitations, minimizing the time and cost of the proposal
3submittal and selection process, and development of a procedure
4for submission and evaluation of a single proposal rather than
5multiple proposals.

6(2) Solicitations for acquisitions based on evaluation criteria
7other than cost alone shall provide that sealed cost proposals shall
8be submitted and that they shall be opened at a time and place
9designated in the solicitation for bids and proposals. Evaluation
10of all criteria, other than cost, shall be completed prior to the time
11designated for public opening of cost proposals, and the results
12of the completed evaluation shall be published immediately before
13the opening of cost proposals. The state’s contact person for
14administration of the solicitation shall be identified in the
15solicitation for bids and proposals, and that person shall execute
16a certificate under penalty of perjury, which shall be made a
17permanent part of the official contract file, that all cost proposals
18received by the state have been maintained sealed and under lock
19and key until the time cost proposals are opened.

20(b) The acquisition of hardware acquired independently of a
21system integration project may be made on the basis of lowest cost
22meeting all other specifications.

23(c) The 5 percent small business preference provided for in
24Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
25Division 3 of Title 2 of the Government Code and the regulations
26implementing that chapter shall be accorded to all qualifying small
27businesses.

28(d) For all transactions formally advertised, evaluation of
29bidders’ proposals for the purpose of determining contract award
30for information technology goods shall provide for consideration
31of a bidder’s best financing alternatives, including lease or
32purchase alternatives, if any bidder so requests, not less than 30
33days prior to the date of final bid submission, unless the acquiring
34agency can prove to the satisfaction of the Department of General
35Services that a particular financing alternative should not be so
36considered.

37(e) Acquisition authority may be delegated by the Director of
38General Services to any state agency that has been determined by
39the Department of General Services to be capable of effective use
40of that authority. This authority may be limited by the Department
P91   1of General Services. Acquisitions conducted under delegated
2authority shall be reviewed by the Department of General Services
3on a selective basis.

4(f) To the extent practical, the solicitation documents shall
5provide for a contract to be written to enable acquisition of
6additional items to avoid essentially redundant acquisition
7processes when it can be determined that it is economical to do
8so.

9(g) Protest procedures shall be developed to provide bidders
10an opportunity to protest any formal, competitive acquisition
11conducted in accordance with this chapter. The procedures shall
12provide that protests must be filed no later than five working days
13after the issuance of an intent to award. Authority to protest may
14be limited to participating bidders. The Director of Technology,
15or a person designated by the director, may consider and decide
16on initial protests of bids for information technology projects
17conducted by the Department of Technology and
18telecommunications procurement made pursuant to Section 12120.
19The Director of the Department of General Services, or a person
20designated by the director, may consider and decide on initial
21protests of all other information technology acquisitions. A decision
22regarding an initial protest shall be final. If prior to the last day
23to protest, any bidder who has submitted an offer files a protest
24with the department against the awarding of the contract on the
25ground that his or her bid or proposal should have been selected
26in accordance with the selection criteria in the solicitation
27document, the contract shall not be awarded until either the protest
28has been withdrawn or the California Victim Compensation and
29Government Claims Board has made a final decision as to the
30action to be taken relating to the protest. Within 10 calendar days
31after filing a protest, the protesting bidder shall file with the
32Victims Compensation and Government Claims Board a full and
33complete written statement specifying in detail the grounds of the
34protest and the facts in support thereof.

35(h) Consistent with the procedures established and administered
36by the Department of General Services, information technology
37goods that have been determined to be surplus to state needs shall
38be disposed of in a manner that will best serve the interests of the
39state. Procedures governing the disposal of surplus goods may
40include auction or transfer to local governmental entities.

P92   1(i) A supplier may be excluded from bid processes if the
2supplier’s performance with respect to a previously awarded
3contract has been unsatisfactory, as determined by the state in
4accordance with established procedures that shall be maintained
5in the State Administrative Manual. This exclusion may not exceed
636 months for any one determination of unsatisfactory
7performance. Any supplier excluded in accordance with this section
8shall be reinstated as a qualified supplier at any time during this
936-month period, upon demonstrating to the Department of
10General Services’ satisfaction that the problems that resulted in
11the supplier’s exclusion have been corrected.

end insert
12begin insert

begin insertSEC. 70.end insert  

end insert

begin insertSection 12103 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
13to read:end insert

14

12103.  

In addition to the mandatory requirements enumerated
15inbegin delete Sectionend deletebegin insert Sectionsend insert 12102,begin insert 12102.1, and 12102.2,end insert the acquisition
16policiesbegin insert and proceduresend insert developedbegin delete and maintainedend delete by the
17begin delete California Technology Agency and procedures developed and
18maintained by the Department of General Servicesend delete
begin insert Department of
19Technology and the Department of General Servicesend insert
in accordance
20with this chapter may provide for the following:

21(a) Price negotiation with respect to contracts entered into in
22accordance with this chapter.

23(b) System or equipment component performance, or availability
24standards, including an assessment of the added cost to the state
25to receive contractual guarantee of a level of performance.

26(c) Requirement of a bond or assessment of a cost penalty with
27respect to a contract or consideration of a contract offered by a
28supplier whose performance has been determined unsatisfactory
29in accordance with established procedures maintained in the State
30Administrative Manual as required by Section 12102.

31begin insert

begin insertSEC. 71.end insert  

end insert

begin insertSection 12103.5 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
32amended to read:end insert

33

12103.5.  

begin deleteBeginning January 1, 2007, for end deletebegin insertFor end insertthose information
34technology purchases for which thebegin delete departmentend deletebegin insert Department of
35General Services or the Department of Technologyend insert
determines
36that a request for proposal (RFP) is appropriate, thebegin insert controllingend insert
37 departmentbegin insert, as specified under Section 12100,end insert shall identify and
38document the following, with respect to information technology
39procurements, prior to releasing the RFP:

P93   1(a) Identify the legislative mandate, state business, or operational
2reason for the information technology procurement.

3(b) Identify the existing business processes currently used to
4accomplish the legislative mandate, state business, or operational
5reason.

6(c) Identify the most important priorities for the information
7technology project to accomplish.

8(d) Identify what current technology is being used and how it
9is being used.

10(e) If the data used in a proposed information technology system
11comes from multiple sources, identify the existing business
12processes or technical systems that produce and maintain the source
13data to ensure interoperability.

14(f) Identify how the new information technology project
15leverages existing technology investments while accomplishing
16its business objectives.

17begin insert

begin insertSEC. 72.end insert  

end insert

begin insertSection 12104 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
18to read:end insert

19

12104.  

(a) (1) begin deleteCommencing on or before January 1, 2007, the end delete
20begin insertThe end insertState Contracting Manual shall set forth all procedures and
21methods that shall be used by thebegin delete departmentend deletebegin insert stateend insert when seeking
22to obtain bids for the acquisition of information technology.

23(2) Revisions to the manual must be publicly announced,
24including, but not limited to, postings on thebegin delete department’send delete Internetbegin insert end insert
25begin insertWeb siteend insert homepagebegin insert of the Department of General Services. The
26Department of Technology shall provide a link to the State
27Contracting Manual on its Internet Web site homepageend insert
.

begin delete

28(b) The department, in consultation with the California
29Technology Agency, shall develop, implement, and maintain
30standardized methods for the development of information
31technology requests for proposals.

end delete
begin insert

32(b) The Department of General Services and the Department
33of Technology in accordance with this chapter shall develop,
34implement, and maintain standardized methods for the development
35of all information technology requests for proposals.

end insert

36(c) All information technology requests for proposals shall be
37reviewed by thebegin delete California Technology Agency and the Department
38of General Servicesend delete
begin insert Department of Technologyend insert prior to release to
39the public.

P94   1begin insert

begin insertSEC. 73.end insert  

end insert

begin insertSection 12104.5 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
2amended to read:end insert

3

12104.5.  

(a) All rules and requirements governing an
4information technology acquisition, for which thebegin delete departmentend delete
5begin insert Department of General Services or the Department of Technologyend insert
6 determines that a request for proposal (RFP) is appropriate, shall
7be communicated in writing to all vendors that have expressed an
8intent to bid and shall be posted in a public location. Any changes
9to the rules and requirements governing that RFP shall be
10communicated in writing to all vendors that have expressed an
11intent to bid and shall be posted in a public location.begin delete No
12requirementsend delete
begin insert Requirementsend insert other than those provided by law or
13outside of the published RFP and posted addendums shallbegin insert notend insert be
14usedbegin delete by the departmentend delete to score bids.

15(b) (1) All requests for proposals shall contain the following
16statement:

17“It is unlawful for any person engaged in business within this
18state to sell or use any article or product as a “loss leader” as
19defined in Section 17030 of the Business and Professions Code.”

begin delete

20(2) On and after March 31, 2010, and until December 31, 2011,
21if a request for proposal does not contain the statement required
22by paragraph (1), the awarding agency shall report this error to the
23department within 30 days of the date the awarding agency
24discovers this error.

end delete
begin delete

25(3)

end delete

26begin insert(2)end insert Thebegin delete departmentend deletebegin insert Department of General Servicesend insert shall post
27in the State Contracting Manual instructions for including the
28statement required by paragraph (1) in all affected contracts.

begin delete

29(4)

end delete

30begin insert(3)end insert The statement required by paragraph (1) shall be deemed to
31be part of a request for proposal even if the statement is
32inadvertently omitted from the request for proposal.

33(c) The requirements of this section shall be in addition to any
34other requirement provided by law.

35begin insert

begin insertSEC. 74.end insert  

end insert

begin insertSection 12105 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
36to read:end insert

37

12105.  

The Department of General Services and thebegin delete California
38Technology Agencyend delete
begin insert Department of Technologyend insert shall coordinate
39in the development of policies and procedures that implement the
40intent of this chapter.begin delete The California Technology Agency shall
P95   1have the final authority in the determination of any general policy
2and the Department of General Services shall have the final
3authority in the determination of any procedures.end delete

4begin insert

begin insertSEC. 75.end insert  

end insert

begin insertSection 12106 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
5to read:end insert

6

12106.  

The Department of General Servicesbegin insert and the
7Department of Technologyend insert
may, in addition to fulfilling the
8mandatory requirements enumerated inbegin delete Sectionend deletebegin insert Sectionsend insert 12102,
9begin insert 12102.1, and 12102.2,end insert adopt such rules and regulations as are
10necessary for the purposes of this chapter.

11begin insert

begin insertSEC. 76.end insert  

end insert

begin insertSection 12108 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
12to read:end insert

13

12108.  

Until the time that the Department of General Services
14begin delete hasend deletebegin insert and the Department of Technology haveend insert published in the State
15Administrative Manual the procedures required in accordance with
16Section 12102, acquisitions of information technology goods and
17services shall be accomplished in accordance with either existing
18State Administrative Manual procedures for the acquisition of
19information technology goods and services, or Article 2
20(commencing with Section 14790) of Chapter 6 of Part 5.5 of
21Division 3 of Title 2 of the Government Code, as determined by
22the Department of General Services.

23begin insert

begin insertSEC. 77.end insert  

end insert

begin insertSection 12109 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
24to read:end insert

25

12109.  

The Director of General Servicesbegin insert and the Director of
26Technologyend insert
may make the services ofbegin delete the departmentend deletebegin insert their
27respective departmentsend insert
under this chapter available, upon the terms
28and conditions that may be deemed satisfactory, to any
29tax-supported public agency in the state, including a school district,
30for assisting the agency in the acquisition of information
31technology goods or services.

32begin insert

begin insertSEC. 78.end insert  

end insert

begin insertSection 12112 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
33to read:end insert

34

12112.  

(a) Any contract for information technology goods or
35services, to be manufactured or performed by the contractor
36especially for the state and not suitable for sale to others in the
37ordinary course of the contractor’s business may provide, on the
38terms and conditions that thebegin insert controllingend insert departmentbegin insert, as specified
39in Section 12100,end insert
deems necessary to protect the state’s interests,
40for progress payments for work performed and costs incurred at
P96   1the contractor’s shop or plant, provided that not less than 10 percent
2of the contract price is required to be withheld until final delivery
3and acceptance of the goods or services. Notwithstanding this
4subdivision, if the department determines that lesser withholding
5levels are appropriate based upon an evaluation of risk determined
6under subdivision (b) and the contract price is ten million dollars
7($10,000,000) or more, the department shall withhold no less than
85 percent of the contract price until final delivery and acceptance
9of the goods or services. If the department determines that lesser
10withholding levels are appropriate based on an evaluation of risk
11determined under subdivision (b) and the contract price is less than
12ten million dollars ($10,000,000), the department shall withhold
13no less than 3 percent of the contract price until final delivery and
14acceptance of the goods or services.

15(b) Thebegin delete department,end deletebegin insert Department of General Services,end insert in
16consultation with the Department of Finance, shall develop and
17maintain criteria for the evaluation of risk to the state that results
18from the acquisition of information technology. This risk analysis
19shall determine the need for financial protection that is in the best
20interest of the state, including, but not limited to, any of the
21following:

22(1) An acceptable performance bond as described in Chapter 2
23(commencing with Section 995.010) of Title 14 of Part 2 of the
24Code of Civil Procedure.

25(2) Any surety as defined in Section 2787 of the Civil Code.

26(3) A letter of credit as described in Division 5 (commencing
27with Section 5101) of the Commercial Code.

28(4) Protection in the form of contract terms.

29(5) Any other form of security or guaranty of performance in
30an amount sufficient to protect the state in the case of default by
31the contractor providing information technology, or any other
32breach or malfunction of the goods or services, or both.

begin delete

33(c) The department shall, on or before June 1, 2008, submit the
34criteria developed and maintained pursuant to subdivision (b) to
35the Joint Legislative Budget Committee and to the State Chief
36 Information Officer.

37(d) The State Chief Information Officer shall, on or before July
381, 2012, do both of the following:

39(1) Review and report to the Legislature on all contracts
40approved pursuant to this section on and after January 1, 2008.

P97   1(2) Report to the Legislature any recommendations for changes
2to this section or changes to the criteria developed and maintained
3by the department pursuant to subdivision (b).

4(e)

end delete

5begin insert(c)end insert For purposes of this section, “information technology” means
6information technology goods or services, or both, as appropriate.

7begin insert

begin insertSEC. 79.end insert  

end insert

begin insertSection 12120 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
8to read:end insert

9

12120.  

The Legislature finds and declares that, with the advent
10of deregulation in the telecommunications industry, substantial
11cost savings can be realized by the state through the specialized
12evaluation and acquisition of alternative telecommunications
13systems.begin delete All contractsend deletebegin insert Any contractend insert for the acquisition of
14telecommunications services andbegin delete all contractsend deletebegin insert any contractend insert for the
15acquisition of telecommunications goods, whether by lease or
16purchase, shall be made by, or under the supervision of, the
17begin delete California Technology Agencyend deletebegin insert Department of Technologyend insert.begin delete All
18acquisitionsend delete
begin insert Any acquisitionend insert shall be accomplished in accordance
19with Chapter 3 (commencing with Section 12100), relating to the
20acquisition of information technology goods and services, except
21to the extent any directive or provision is uniquely applicable to
22information technology acquisitions. Thebegin delete agencyend deletebegin insert Department of
23Technologyend insert
shall have responsibility for the establishment of policy
24and procedures for telecommunications.begin delete The agency shall have
25responsibility for the establishment of tactical policy and
26procedures for information technology and telecommunications
27acquisitions consistent with statewide strategic policy.end delete
The Trustees
28of the California State University and the Board of Governors of
29the California Community Colleges shall assume the functions of
30the agency with regard to acquisition of telecommunications goods
31and services by the California State University and the California
32Community Colleges, respectively. The trustees and the board
33shall each grant to the agency an opportunity to bid whenever the
34university or the college system solicits bids for
35telecommunications goods and services.

36begin insert

begin insertSEC. 80.end insert  

end insert

begin insertSection 12121 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
37repealed.end insert

begin delete
38

12121.  

As used in this chapter:

39(a) “Agency” means the California Technology Agency.

P98   1(b) “Tactical policy” means the policies of an organization
2necessary to direct operational staff in carrying out their day-to-day
3activities.

4(c) “Strategic policy” means policy which defines the goals and
5objectives for an organization.

end delete
6begin insert

begin insertSEC. 81.end insert  

end insert

begin insertSection 12125 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
7to read:end insert

8

12125.  

There is hereby established the Alternative Protest
9Process to be administered by the Department of General Services
10begin insert and the Department of Technology in accordance with Chapter 3
11(commencing with Section 12100) of Part 2 of Division 2 and this
12chapterend insert
.

13begin insert

begin insertSEC. 82.end insert  

end insert

begin insertSection 12126 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
14to read:end insert

15

12126.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, any
16department or agency may use the solicitation and alternative
17protest procedures outlined in this chapter for solicitations
18authorized under Chapter 2 (commencing with Section 10290) or
19Chapter 3 (commencing with Section 12100). The Department of
20General Services shall develop procedures and guidelines for the
21implementation of this alternative protest process.

22(b) To be eligible for this alternative protest process, the
23contracting department shall agree to participate in the Alternative
24Protest Process and the Department of General Servicesbegin insert or the
25Department of Technology, as appropriate,end insert
shall indicate that the
26proposed solicitation shall be conducted as part of the Alternative
27Protest Process prior to release of the solicitation. Submission of
28a bid constitutes consent for participation in the Alternative Protest
29Process. Any protests filed in relation to the proposed contract
30award shall be conducted under the procedures set forth by the
31Department of General Services for the Alternative Protest Process.

32(c) Notwithstanding any otherbegin delete provision ofend delete law to the contrary,
33any bid protest conducted under this chapter shall include one or
34more of the following alternative procedures:

35(1) The Alternative Protest Process shall not prevent the
36commencement of work in accordance with the terms of any other
37contract awarded pursuant to this chapter. A contract may be
38entered into pending a final decision on the protest.

39(2) The Department of General Servicesbegin insert, in bid protests for
40procurements it conducts or supervises,end insert
shall review the protest
P99   1within seven days of the filing date to determine if the protest is
2frivolous. If determined to be frivolous, the protest shall not
3proceed under this chapter until the bidder posts a protest bond in
4an amount not less than 10 percent of the estimated contract value,
5as determined by the Department of General Services in the
6solicitation.

begin insert

7(3) The Department of Technology, in bid protests for
8procurements it conducts or supervises pursuant to paragraph (1)
9of subdivision (b) of Section 12100 and telecommunications
10procurements made pursuant to Section 12120, shall review the
11protest within seven days of the filing date to determine if the
12protest is frivolous. If determined to be frivolous, the protest shall
13not proceed under this chapter until the bidder posts a protest
14bond in an amount not less than 10 percent of the estimated
15contract value, as determined by the Department of Technology
16in the solicitation.

end insert
begin delete

17(3)

end delete

18begin insert(4)end insert The Director of General Servicesbegin insert or the Director of
19Technology, as appropriate under paragraphs (2) and (3),end insert
shall
20issue a decision within a period not to exceed 45 days from the
21date the protest is filed.

begin delete

22(4)

end delete

23begin insert(5)end insert Arbitration, as defined and established by the Department
24of General Services, shall be the resolution tool.

25(d) Authority to protest under this chapter shall be limited to
26participating bidders.

27(1) Grounds for major information technology acquisition
28protests shall be limited to violations of the solicitation procedures
29and that the protestant should have been selected.

30(2) Any other acquisition protest filed pursuant to this chapter
31shall be based on the ground that the bid or proposal should have
32been selected in accordance with selection criteria in the solicitation
33document.

34begin insert

begin insertSEC. 83.end insert  

end insert

begin insertSection 12128 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
35to read:end insert

36

12128.  

The Department of General Servicesbegin insert and the
37Department of Technology in accordance with Chapter 3
38(commencing with Section 12100) of Part 2 of Division 2 and this
39chapterend insert
shall apply this chapter to the following categories:

40(a) Information technology and ancillary services.

P100  1(b) Material, supplies, equipment, and ancillary services.

2begin insert

begin insertSEC. 84.end insert  

end insert

begin insertSection 9303 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
3amended to read:end insert

4

9303.  

The directors shall receive no compensation for their
5services as such, but eachbegin delete shallend deletebegin insert mayend insert be allowed reasonable and
6necessary expenses incurred in attendance at meetings of the
7directors or when otherwise engaged in the work of the district at
8the direction of the board of directors. The directors shall fix the
9amount allowed for necessary expenses, but no director shall be
10appointed to any position for which he or she would receive
11compensation as a salaried officer or employee of the district.
12Reimbursement for these expenses is subject to Sections 53232.2
13and 53232.3 of the Government Code.

14begin insert

begin insertSEC. 85.end insert  

end insert

begin insertSection 75121 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
15amended to read:end insert

16

75121.  

(a) The Strategic Growth Council is hereby established
17in state government and it shall consist of the Director of State
18Planning and Research, the Secretary of the Resources Agency,
19the Secretary for Environmental Protection, the Secretary of
20Business, Transportation and Housing, the Secretary of California
21Health and Human Services,begin insert the Secretary of Business, Consumer
22Services, and Housing,end insert
and one member of the public to be
23appointed by the Governor. The public member shall have a
24background in land use planning, local government, resource
25protection and management, or community development or
26revitalization.

27(b) Staff for the council shall be reflective of the council’s
28membership.

29begin insert

begin insertSEC. 86.end insert  

end insert

begin insertSection 2872.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
30to read:end insert

31

2872.5.  

(a) The commission, in consultation with thebegin delete California
32Emergency Management Agency and the California Technology
33Agencyend delete
begin insert Office of Emergency Servicesend insert, shall open an investigative
34proceeding to determine whether standardized notification systems
35and protocol should be utilized by entities that are authorized to
36use automatic dialing-announcing devices pursuant to subdivision
37(e) of Section 2872, to facilitate notification of affected members
38of the public of local emergencies. The commission shall not
39establish standards for notification systems or standard notification
P101  1protocol unless it determines that the benefits of the standards
2 exceed the costs.

3(b) Before January 1, 2008, the commission shall prepare and
4submit to the Legislature a report on the results of the proceeding,
5including recommendations for funding notification systems and
6any statutory modifications needed to facilitate notification of
7affected members of the public of local emergencies.

8begin insert

begin insertSEC. 87.end insert  

end insert

begin insertSection 2892 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
9to read:end insert

10

2892.  

(a) A provider of commercial mobile radio service, as
11defined in Section 216.8, shall provide access for end users of that
12service to the local emergency telephone systems described in the
13Warren-911-Emergency Assistance Act (Article 6 (commencing
14with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title
155 of the Government Code). “911” shall be the primary access
16number for those emergency systems. A provider of commercial
17mobile radio service, in accordance with all applicable Federal
18Communication Commission orders, shall transmit all “911” calls
19from technologically compatible commercial mobile radio service
20communication devices without requiring user validation or any
21similar procedure. A provider of commercial mobile radio service
22may not charge any airtime, access, or similar usage charge for
23any “911” call placed from a commercial mobile radio service
24telecommunications device to a local emergency telephone system.

25(b) A “911” call from a commercial mobile radio service
26telecommunications device may be routed to a public safety
27answering point other than the Department of the California
28Highway Patrol only if the alternate routing meets all of the
29following requirements:

30(1) The “911” call originates from a location other than from a
31freeway, as defined in Section 23.5 of the Streets and Highways
32Code, under the jurisdiction of the Department of the California
33Highway Patrol.

34(2) The alternate routing is economically and technologically
35feasible.

36(3) The alternate routing will benefit public safety and reduce
37burdens on dispatchers for the Department of the California
38Highway Patrol.

39(4) The Department of the California Highway Patrol, the
40begin delete California Technology Agency,end deletebegin insert Office of Emergency Services,end insert and
P102  1the proposed alternate public safety answering point, in
2consultation with the wireless industry, providers of “911” selective
3routing service, and local law enforcement officials, determine
4that it is in the best interest of the public and will provide more
5effective emergency service to the public to route “911” calls that
6do not originate from a freeway, as defined in Section 23.5 of the
7Streets and Highways Code, under the jurisdiction of the
8Department of the California Highway Patrol to another public
9safety answering point.

10begin insert

begin insertSEC. 88.end insert  

end insert

begin insertSection 2892.1 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
11to read:end insert

12

2892.1.  

(a) For purposes of this section, “telecommunications
13service” means voice communication provided by a telephone
14corporation as defined in Section 234, voice communication
15provided by a provider of satellite telephone services, voice
16communication provided by a provider of mobile telephony service,
17as defined in Section 2890.2, and voice communication provided
18by a commercially available facilities-based provider of voice
19communication services utilizing voice over Internet Protocol or
20any successor protocol.

21(b) The commission, in consultation with thebegin delete California
22Emergency Management Agency and the California Technology
23Agency,end delete
begin insert Office of Emergency Services,end insert shall open an investigative
24or other appropriate proceeding to identify the need for
25telecommunications service systems not on the customer’s premises
26to have backup electricity to enable telecommunications networks
27to function and to enable the customer to contact a public safety
28answering point operator during an electrical outage, to determine
29performance criteria for backup systems, and to determine whether
30the best practices recommended by the Network Reliability and
31Interoperability Council in December 2005, for backup systems
32have been implemented by telecommunications service providers
33operating in California. If the commission determines it is in the
34public interest, the commission shall, consistent with subdivisions
35(c) and (d), develop and implement performance reliability
36standards.

37(c) The commission, in developing any standards pursuant to
38the proceeding required by subdivision (b), shall consider current
39best practices and technical feasibility for establishing battery
40backup requirements.

P103  1(d) The commission shall not implement standards pursuant to
2the proceeding required by subdivision (b) unless it determines
3that the benefits of the standards exceed the costs.

4(e) The commission shall determine the feasibility of the use of
5zero greenhouse gas emission fuel cell systems to replace diesel
6backup power systems.

7(f) Before January 1, 2008, the commission shall prepare and
8submit to the Legislature a report on the results of the proceeding.

9begin insert

begin insertSEC. 89.end insert  

end insert

begin insertSection 11908.1 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
10amended to read:end insert

11

11908.1.  

(a) Notwithstanding Section 11908, a district with a
12board having seven directors may provide, by resolution or
13ordinance, that each director shall receive compensation in an
14amount not to exceed one hundred dollars ($100) per day for each
15day’s attendance at public meetings of the board or for each day’s
16service rendered as a director by request of the board, not exceeding
17a total of six days in any calendar month, or, in lieu of that
18compensation, a salary of not to exceed six hundred dollars ($600)
19per month subject to annual adjustments pursuant tobegin delete subdivision
20(b), together withend delete
begin insert subdivision (b). The resolution or ordinance
21may also end insert
begin insertauthorize reimbursement forend insert any expenses incurred in
22the performance ofbegin delete his or herend deletebegin insert end insertbegin inserta director’send insert duties required or
23authorized by the board. No resolution or ordinance establishing
24compensation pursuant to this subdivision shall provide for any
25automatic increase in that compensation.

26(b) Any district which adopts salaries for directors pursuant to
27subdivision (a) may increase those salaries by not more than 5
28percent for each calendar year following the operative date of the
29last adjustment, commencing with the calendar year following
30adoption of the salary or increase.

31(c) Reimbursement for these expenses is subject to Sections
3253232.2 and 53232.3 of the Government Code.

33begin insert

begin insertSEC. 90.end insert  

end insert

begin insertSection 11908.2 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
34amended to read:end insert

35

11908.2.  

Notwithstanding Section 11908, the board of a district
36which has owned and operated an electric distribution system for
37at least eight years and has a population of 250,000 or more may
38provide, by ordinance or resolution, that each director shall receive
39compensation in an amount not to exceed one hundred dollars
40($100) per day for each day’s attendance at public meetings of the
P104  1board or for each day’s service rendered as a director by request
2of the board, not exceeding a total of 10 days in any calendar
3begin delete month, together withend deletebegin insert month. The ordinance or resolution may also
4authorize reimbursement forend insert
any expenses incurred in the
5performance ofbegin delete his or herend deletebegin insert the director’send insert duties required or
6authorized by the board. The board may, by resolution or
7ordinance, increase the compensation per day by not more than 5
8percent for each calendar year following the operative date of the
9last adjustment, commencing with the 1988 calendar year. No
10resolution or ordinance establishing compensation pursuant to this
11subdivision shall provide for any automatic increase in that
12compensation. For purposes of this section, the determination of
13whether a director’s activities on any specific day are compensable
14shall be made pursuant to Article 2.3 (commencing with Section
1553232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
16Government Code. Reimbursement for these expenses is subject
17to Sections 53232.2 and 53232.3 of the Government Code.

18begin insert

begin insertSEC. 91.end insert  

end insert

begin insertSection 22407 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
19to read:end insert

20

22407.  

Each member of the board of directorsbegin delete shallend deletebegin insert mayend insert receive
21compensation in an amount not to exceed one hundred dollars
22($100) for each attendance at the meeting of the board held within
23the district, which amount shall be fixed from time to time by the
24board. No director, however, shall receive pay for more than four
25meetings in any calendar month.

26Each directorbegin delete shallend deletebegin insert mayend insert be allowed, with the approval of the
27board,begin delete all travelingend deletebegin insert travelend insert and other expenses necessarily incurred
28by the member in the performance of the member’s duties. For
29purposes of this section, the determination of whether a director’s
30activities on any specific day are compensable shall be made
31pursuant to Article 2.3 (commencing with Section 53232) of
32Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
33Code. Reimbursement for these expenses is subject to Sections
3453232.2 and 53232.3 of the Government Code.

35begin insert

begin insertSEC. 92.end insert  

end insert

begin insertSection 41030 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
36amended to read:end insert

37

41030.  

Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
38Servicesend insert
shall determine annually, on or before October 1, a
39surcharge rate that it estimates will produce sufficient revenue to
40fund the current fiscal year’s 911 costs. The surcharge rate shall
P105  1be determined by dividing the costs (including incremental costs)
2thebegin delete California Technology Agencyend deletebegin insert Office of Emergency Servicesend insert
3 estimates for the current fiscal year of 911 plans approved pursuant
4to Section 53115 of the Government Code, less the available
5balance in the State Emergency Telephone Number Account in
6the General Fund, by its estimate of the charges for intrastate
7telephone communications services and VoIP service to which the
8surcharge will apply for the period of January 1 to December 31,
9inclusive, of the next succeeding calendar year, but in no event
10shall such surcharge rate in any year be greater than three-quarters
11of 1 percent nor less than one-half of 1 percent.

12begin insert

begin insertSEC. 93.end insert  

end insert

begin insertSection 41031 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
13amended to read:end insert

14

41031.  

Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
15Servicesend insert
shall make its determination of the surcharge rate each
16year no later than October 1 and shall notify the board of the new
17rate, which shall be fixed by the board to be effective with respect
18to charges made for intrastate telephone communication services
19and VoIP service on or after January 1 of the next succeeding
20calendar year.

21begin insert

begin insertSEC. 94.end insert  

end insert

begin insertSection 41032 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
22amended to read:end insert

23

41032.  

Immediately upon notification by thebegin delete California
24Technology Agencyend delete
begin insert Office of Emergency Servicesend insert and fixing the
25surcharge rate, the board shall each year no later than November
2615 publish in its minutes the new rate, and it shall notify by mail
27every service supplier registered with it of the new rate.

28begin insert

begin insertSEC. 95.end insert  

end insert

begin insertSection 41136 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
29amended to read:end insert

30

41136.  

Funds in the State Emergency Telephone Number
31Account shall, when appropriated by the Legislature, be spent
32solely for the following purposes:

33(a) A minimum of one-half of 1 percent of the charges for
34intrastate telephone communications services and VoIP service to
35which the surcharge applies, as follows:

36(1) To pay refunds authorized by this part.

37(2) To pay the State Board of Equalization for the cost of the
38administration of this part.

P106  1(3) To pay thebegin delete office of the State Chief Information Officerend delete
2begin insert Office of Emergency Servicesend insert for its costs in administration of the
3“911” emergency telephone number system.

4(4) To pay bills submitted to thebegin delete office of the State Chief
5Information Officerend delete
begin insert Office of Emergency Servicesend insert by service
6suppliers or communications equipment companies for the
7installation of, and ongoing expenses for, the following
8communications services supplied to local agencies in connection
9with the “911” emergency phone number system:

10(A) A basic system.

11(B) A basic system with telephone central office identification.

12(C) A system employing automatic call routing.

13(D) Approved incremental costs.

14(5) To pay claims of local agencies for approved incremental
15costs, not previously compensated for by another governmental
16agency.

17(6) To pay claims of local agencies for incremental costs and
18amounts, not previously compensated for by another governmental
19agency, incurred prior to the effective date of this part, for the
20installation and ongoing expenses for the following communication
21services supplied in connection with the “911” emergency
22telephone number system:

23(A) A basic system.

24(B) A basic system with telephone central office identification.

25(C) A system employing automatic call routing.

26(D) Approved incremental costs. Incremental costs shall not be
27allowed unless the costs are concurred in by thebegin delete office of the State
28Chief Information Officer.end delete
begin insert Office of Emergency Services.end insert

29(b) (1) For the purposes of paragraph (5) of subdivision (a), the
30term incremental costs shall include a maximum of one-quarter of
311 percent of the charges for intrastate telephone communications
32services and VoIP service to which the surcharge applies for a
33one-time payment to Primary Public Safety Answering Points for
34the cost necessary to recruit and train additional personnel
35 necessary to accept wireless enhanced “911” calls from within
36their jurisdiction routed directly to their call centers.

37(2) Funds allocated pursuant to this subdivision shall
38supplement, and not supplant, existing funding for these services.

begin delete

39(3) This subdivision shall remain in effect only until December
4031, 2011.

end delete
P107  1begin insert

begin insertSEC. 96.end insert  

end insert

begin insertSection 41136.1 of the end insertbegin insertRevenue and Taxation Codeend insert
2begin insert is amended to read:end insert

3

41136.1.  

For each fiscal year, moneys in the State Emergency
4Telephone Number Account not appropriated for a purpose
5specified in Section 41136 shall be held in trust for future
6appropriation for upcoming, planned “911” emergency telephone
7number projects that have been approved by thebegin delete California
8Technology Agency,end delete
begin insert Office of Emergency Services,end insert even if the
9projects have not yet commenced.

10begin insert

begin insertSEC. 97.end insert  

end insert

begin insertSection 41137 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
11amended to read:end insert

12

41137.  

Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
13Servicesend insert
shall pay, from funds appropriated from the State
14Emergency Telephone Number Account by the Legislature, as
15provided in Section 41138, bills submitted by service suppliers or
16communications equipment companies for the installation and
17ongoing costs of the following communication services provided
18local agencies by service suppliers in connection with the “911”
19emergency telephone number system:

20(a) A basic system.

21(b) A basic system with telephone central office identification.

22(c) A system employing automatic call routing.

23(d) Approved incremental costs that have been concurred in by
24thebegin delete California Technology Agency.end deletebegin insert Office of Emergency Services.end insert

25begin insert

begin insertSEC. 98.end insert  

end insert

begin insertSection 41137.1 of the end insertbegin insertRevenue and Taxation Codeend insert
26begin insert is amended to read:end insert

27

41137.1.  

Thebegin delete California Technology Agencyend deletebegin insert Office of
28Emergency Servicesend insert
shall pay, from funds appropriated from the
29State Emergency Telephone Number Account by the Legislature,
30as provided in Section 41138, claims submitted by local agencies
31for approved incremental costs and for the cost of preparation of
32final plans submitted to thebegin delete California Technology Agencyend deletebegin insert Office
33of Emergency Servicesend insert
for approval on or before October 1, 1978,
34as provided in Section 53115 of the Government Code.

35begin insert

begin insertSEC. 99.end insert  

end insert

begin insertSection 41138 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
36amended to read:end insert

37

41138.  

(a) It is the intent of the Legislature that the
38reimbursement rates for “911” emergency telephone number
39equipment shall not exceed specified amounts negotiated with
40each interested supplier and approved by thebegin delete California Technology
P108  1Agency.end delete
begin insert Office of Emergency Services.end insert Thebegin delete California Technology
2Agencyend delete
begin insert end insertbegin insertOffice of Emergency Servicesend insert shall negotiate supplier
3pricing to ensure cost effectiveness and the best value for the “911”
4emergency telephone number system. Thebegin delete California Technology
5Agencyend delete
begin insert end insertbegin insertOffice of Emergency Servicesend insert shall pay those bills as
6provided in Section 41137 only under the following conditions:

7(1) Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
8Servicesend insert
shall have received the local agency’s “911” emergency
9telephone number system plan by July 1 of the prior fiscal year
10and approved the plan by October 1 of the prior fiscal year.

11(2) The Legislature has appropriated in the Budget Bill an
12amount sufficient to pay those bills.

13(3) Thebegin delete California Technology Agencyend deletebegin insert Office of Emergency
14Servicesend insert
has reviewed and approved each line item of a request
15for funding to ensure the necessity of the proposed equipment or
16services and the eligibility for reimbursement.

17(4) The amounts to be paid do not exceed the pricing submitted
18by the supplier and approved by thebegin delete California Technology Agency.end delete
19begin insert Office of Emergency Services.end insert Extraordinary circumstances may
20warrant spending in excess of the established rate, but shall be
21preapproved by thebegin delete California Technology Agency.end deletebegin insert Office of
22Emergency Services.end insert
In determining the reimbursement rate, the
23begin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of Emergency Servicesend insert shall
24utilize the approved pricing submitted by the supplier providing
25the equipment or service.

26(b) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed to limit
27an agency’s ability to select a supplier or procure
28telecommunications equipment as long as the supplier’s pricing
29is preapproved by thebegin delete California Technology Agency.end deletebegin insert Office of
30Emergency Services.end insert
Agencies shall be encouraged to procure
31equipment on a competitive basis. Any amount in excess of the
32pricing approved by thebegin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of
33Emergency Servicesend insert
shall not be reimbursed.

34begin insert

begin insertSEC. 100.end insert  

end insert

begin insertSection 41139 of the end insertbegin insertRevenue and Taxation Codeend insert
35begin insert is amended to read:end insert

36

41139.  

From funds appropriated by the Legislature from the
37Emergency Telephone Number Account, thebegin delete California Technology
38Agencyend delete
begin insert end insertbegin insertOffice of Emergency Servicesend insert shall begin paying bills as
39provided in Sections 41137, 41137.1, and 41138 in the 1977-78
40fiscal year for plans submitted by local agencies by July 1, 1976,
P109  1to thebegin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of Emergency Servicesend insert
2 which thebegin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of Emergency
3Servicesend insert
has approved.

4begin insert

begin insertSEC. 101.end insert  

end insert

begin insertSection 41140 of the end insertbegin insertRevenue and Taxation Codeend insert
5begin insert is amended to read:end insert

6

41140.  

Thebegin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of Emergency
7Servicesend insert
shall reimburse local agencies, from funds appropriated
8from the Emergency Telephone Number Account by the
9Legislature, for amounts not previously compensated for by another
10governmental agency, which have been paid by agencies for
11approved incremental costs or to service suppliers or
12communication equipment companies for the following
13communications services supplied in connection with the “911”
14emergency telephone number, provided local agency plans had
15been approved by thebegin delete California Technology Agency:end deletebegin insert Office of
16Emergency Services:end insert

17(a) A basic system.

18(b) A basic system with telephone central office identification.

19(c) A system employing automatic call routing.

20(d) Approved incremental costs.

21begin insert

begin insertSEC. 102.end insert  

end insert

begin insertSection 41141 of the end insertbegin insertRevenue and Taxation Codeend insert
22begin insert is amended to read:end insert

23

41141.  

Claims for reimbursement shall be submitted by local
24agencies to thebegin delete California Technology Agency,end deletebegin insert Office of
25Emergency Services,end insert
which shall determine payment eligibility
26and shall reduce the claim for charges that exceed the approved
27incremental costs, approved contract amounts, or the established
28tariff rates for costs. No claim shall be paid until funds are
29appropriated by the Legislature.

30begin insert

begin insertSEC. 103.end insert  

end insert

begin insertSection 41142 of the end insertbegin insertRevenue and Taxation Codeend insert
31begin insert is amended to read:end insert

32

41142.  

Notwithstanding any other provision of this article, if
33the Legislature fails to appropriate an amount sufficient to pay
34bills submitted to thebegin delete California Technology Agencyend deletebegin insert end insertbegin insertOffice of
35Emergency Servicesend insert
by service suppliers or communications
36equipment companies for the installation and ongoing
37communications services supplied local agencies in connection
38with the “911” emergency telephone number system, and to pay
39claims of local agencies which, prior to the effective date of this
40part, paid amounts to service suppliers or communications
P110  1equipment companies for the installation and ongoing expenses
2in connection with the “911” emergency telephone number system,
3the obligation of service suppliers and local agencies to provide
4“911” emergency telephone service shall terminate and service
5shall not again be required until the Legislature has appropriated
6an amount sufficient to pay those bills or claims.begin delete Nothing in thisend delete
7begin insert Thisend insert part shallbegin insert notend insert preclude local agencies from purchasing or
8acquiring any communication equipment from companies other
9than the telephone service suppliers.

10begin insert

begin insertSEC. 104.end insert  

end insert

begin insertSection 5066 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
11read:end insert

12

5066.  

(a) The department, in conjunction with the California
13Highway Patrol, shall design and make available for issuance
14pursuant to this article the California memorial license plate.
15Notwithstanding Section 5060, the California memorial license
16plate may be issued in a combination of numbers or letters, or both,
17as requested by the applicant for the plates. A person described in
18Section 5101, upon payment of the additional fees set forth in
19subdivision (b), may apply for and be issued a set of California
20memorial license plates.

21(b) In addition to the regular fees for an original registration or
22renewal of registration, the following additional fees shall be paid
23for the issuance, renewal, retention, or transfer of the California
24memorial license plates authorized pursuant to this section:

25(1) For the original issuance of the plates, fifty dollars ($50).

26(2) For a renewal of registration of the plates or retention of the
27plates, if renewal is not required, forty dollars ($40).

28(3) For transfer of the plates to another vehicle, fifteen dollars
29($15).

30(4) For each substitute replacement plate, thirty-five dollars
31($35).

32(5) In addition, for the issuance of an environmental license
33plate, as defined in Section 5103, the additional fees required
34pursuant to Sections 5106 and 5108 shall be deposited
35proportionately in the funds described in subdivision (c).

36(c) The department shall deposit the additional revenue derived
37from the issuance, renewal, transfer, and substitution of California
38memorial license plates as follows:

39(1) Eighty-five percent in the Antiterrorism Fund, which is
40hereby created in the General Fund.

P111  1(A) Upon appropriation by the Legislature, one-half of the
2money in the fund shall be allocated by the Controller to the
3begin delete California Emergency Management Agencyend deletebegin insert Office of Emergency
4Servicesend insert
to be used solely for antiterrorism activities. Thebegin delete agencyend delete
5begin insert officeend insert shall not use more than 5 percent of the money appropriated
6begin delete to itend deletebegin insert for local antiterrorism effortsend insert for administrative purposes.

7(B) Upon appropriation by the Legislature in the annual Budget
8Act or in another statute, one-half of the money in the fund shall
9be used solely for antiterrorism activities.

10(2) Fifteen percent in the California Memorial Scholarship Fund,
11which is hereby established in the General Fund. Money deposited
12in this fund shall be administered by the Scholarshare Investment
13Board, and shall be available, upon appropriation in the annual
14Budget Act or in another statute, for distribution or encumbrance
15by the board pursuant to Article 21.5 (commencing with Section
1670010) of Chapter 2 of Part 42 of the Education Code.

17(d) The department shall deduct its costs to administer, but not
18to develop, the California memorial license plate program. The
19department may utilize an amount of money, not to exceed fifty
20thousand dollars ($50,000) annually, derived from the issuance,
21renewal, transfer, and substitution of California memorial license
22plates for the continued promotion of the California memorial
23license plate program of this section.

24(e) For the purposes of this section, “antiterrorism activities”
25means activities related to the prevention, detection, and emergency
26response to terrorism that are undertaken by state and local law
27enforcement, fire protection, and public health agencies. The funds
28provided for these activities, to the extent that funds are available,
29shall be used exclusively for purposes directly related to fighting
30terrorism. Eligible activities include, but are not limited to, hiring
31support staff to perform administrative tasks, hiring and training
32additional law enforcement, fire protection, and public health
33personnel, response training for existing and additional law
34enforcement, fire protection, and public health personnel, and
35hazardous materials and other equipment expenditures.

36(f) Beginning January 1, 2007, and each January 1 thereafter,
37the department shall determine the number of currently outstanding
38and valid California memorial license plates. If that number is less
39than 7,500 in any year, then the department shall no longer issue
40or replace those plates.

P112  1begin insert

begin insertSEC. 105.end insert  

end insert

begin insertSection 21166 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

21166.  

Notwithstanding any other provision of law, a director,
4for sitting on the board or acting under its orders,begin delete shallend deletebegin insert mayend insert receive
5begin insert either orend insert both of the following:

6(a) (1) Except as specified in paragraphs (2) and (3),
7compensation not to exceed one hundred dollars ($100) per day,
8not exceeding six days in any calendar month.

9(2) In districts that produce or distribute electric power, one of
10the following methods of compensation:

11(A) Compensation not to exceed one hundred dollars ($100)
12per day.

13(B) A monthly salary of not to exceed six hundred dollars ($600)
14per month.

15(C) Annual compensation not to exceed fifteen thousand dollars
16($15,000). Any annual compensation pursuant to this subparagraph
17shall be fixed by the adoption of an ordinance pursuant to Sections
1820203 to 20207, inclusive.

19(3) Districts containing 500,000 acres or more are governed by
20Section 22840.

21(b) Actual and necessary expenses when acting under the orders
22of the board.

23For purposes of this section, the determination of whether a
24 director’s activities on any specific day are compensable shall be
25made pursuant to Article 2.3 (commencing with Section 53232)
26of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
27Code. Reimbursement for these expenses is subject to Sections
2853232.2 and 53232.3 of the Government Code.

29begin insert

begin insertSEC. 106.end insert  

end insert

begin insertSection 30507 of the end insertbegin insertWater Codeend insertbegin insert is amended to
30read:end insert

31

30507.  

Each directorbegin delete shallend deletebegin insert mayend insert receive compensation in an
32amount not to exceed one hundred dollars ($100) per day for each
33day’s attendance at meetings of the board or for each day’s service
34rendered as a director by request of the board, not exceeding a
35total of six days in any calendarbegin delete month, together withend deletebegin insert month. Each
36director may also receive reimbursement forend insert
any expenses incurred
37in the performance of his or her duties required or authorized by
38the board. For purposes of this section, the determination of
39whether a director’s activities on any specific day are compensable
40shall be made pursuant to Article 2.3 (commencing with Section
P113  153232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
2Government Code. Reimbursement for these expenses is subject
3to Sections 53232.2 and 53232.3 of the Government Code.

4begin insert

begin insertSEC. 107.end insert  

end insert

begin insertSection 30507.1 of the end insertbegin insertWater Codeend insertbegin insert is amended to
5read:end insert

6

30507.1.  

Each director of the Contra Costa Water Districtbegin delete shallend delete
7begin insert mayend insert receive compensation in an amount not to exceed one hundred
8dollars ($100) per day for each day’s attendance at meetings of
9the board and for each day’s service rendered as a director by
10request of the board, not exceeding a total of 10 days in any
11calendarbegin delete month, together withend deletebegin insert month. Each director may also
12receive reimbursement forend insert
any expenses incurred in the
13 performance of duties required or authorized by the board. For
14purposes of this section, the determination of whether a director’s
15activities on any specific day are compensable shall be made
16pursuant to Article 2.3 (commencing with Section 53232) of
17Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
18Code. Reimbursement for these expenses is subject to Sections
1953232.2 and 53232.3 of the Government Code.

20begin insert

begin insertSEC. 108.end insert  

end insert

begin insertSection 34741 of the end insertbegin insertWater Codeend insertbegin insert is amended to
21read:end insert

22

34741.  

Until their compensation is fixed by the adoption of
23bylaws, the officersbegin delete shallend deletebegin insert mayend insert receive the following compensation
24for their services:

25(a) The secretary, tax collector, treasurer, and assessor, such
26sums as shall be fixed by the board.

27(b) Each directorbegin delete shallend deletebegin insert mayend insert receive compensation in an amount
28 not to exceed one hundred dollars ($100) per day for each day’s
29attendance at meetings of the board or for each day’s service
30rendered as a director by request of the board, not exceeding a
31total of six days in any calendarbegin delete month, together withend deletebegin insert month. Each
32director may also receive reimbursement forend insert
any expenses incurred
33in the performance of his or her duties required or authorized by
34the board. For purposes of this section, the determination of
35whether a director’s activities on any specific day are compensable
36shall be made pursuant to Article 2.3 (commencing with Section
3753232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
38Government Code. Reimbursement for these expenses is subject
39to Sections 53232.2 and 53232.3 of the Government Code.

P114  1begin insert

begin insertSEC. 109.end insert  

end insert

begin insertSection 40355 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

40355.  

(a) A director, when sitting on the board or acting under
4its orders,begin delete shallend deletebegin insert mayend insert receive not exceeding:

5(1) One hundred dollars ($100) per day, not exceeding six days
6in any calendar month.

7(2) Actual and necessary expenses while engaged in official
8business under the order of the board.

9(b) For purposes of this section, the determination of whether
10a director’s activities on any specific day are compensable shall
11be made pursuant to Article 2.3 (commencing with Section 53232)
12of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
13Code.

14(c) Reimbursement for these expenses is subject to Sections
1553232.2 and 53232.3 of the Government Code.

16begin insert

begin insertSEC. 110.end insert  

end insert

begin insertSection 50605 of the end insertbegin insertWater Codeend insertbegin insert is amended to
17read:end insert

18

50605.  

(a) Each member of the boardbegin delete shallend deletebegin insert mayend insert receive such
19compensation for services actually and necessarily performed as
20the board determines to be just and reasonable, andbegin delete shallend deletebegin insert mayend insert be
21reimbursed for expenses necessarily incurred in the performance
22of his duties as trustee.

23(b) For purposes of this section, the determination of whether
24a director’s activities on any specific day are compensable shall
25be made pursuant to Article 2.3 (commencing with Section 53232)
26of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
27Code. Reimbursement for these expenses is subject to Sections
2853232.2 and 53232.3 of the Government Code.

29begin insert

begin insertSEC. 111.end insert  

end insert

begin insertSection 56031 of the end insertbegin insertWater Codeend insertbegin insert is amended to
30read:end insert

31

56031.  

The district boardbegin delete shall have power toend deletebegin insert mayend insert fix the
32amount of compensation per meeting to be paid each member of
33the board for his or her services for each meeting attended by him
34or her; provided, that the compensation shall not exceed ten dollars
35($10) for each meeting of the district board attended by him or
36begin delete her, together withend deletebegin insert her. The board may also authorize a member
37to be reimbursed forend insert
expenses necessarily incurred by him or her
38in traveling between his or her place of residence and the place of
39meeting. However, no member shall receive compensation for
40attending more than three meetings of the board during any
P115  1calendar month. This compensation shall be in addition to any
2other fees or compensation allowed by law for the other official
3positions specified in Section 56030 that are occupied by members
4of the district board. For purposes of this section, the determination
5of whether a director’s activities on any specific day are
6compensable shall be made pursuant to Article 2.3 (commencing
7with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title
85 of the Government Code. Reimbursement for these expenses is
9subject to Sections 53232.2 and 53232.3 of the Government Code.

10begin insert

begin insertSEC. 112.end insert  

end insert

begin insertSection 60143 of the end insertbegin insertWater Codeend insertbegin insert is amended to
11read:end insert

12

60143.  

Each directorbegin delete shallend deletebegin insert mayend insert receive compensation in an
13amount not exceeding one hundred dollars ($100) for each day’s
14attendance at meetings of the board or for each day’s service
15rendered as a director by request of the board, not exceeding a
16total of six days in any calendarbegin delete month, together withend deletebegin insert month. Each
17director may also receive reimbursement forend insert
any expenses incurred
18in the performance of his or her duties required or authorized by
19the board. For purposes of this section, the determination of
20whether a director’s activities on any specific day are compensable
21shall be made pursuant to Article 2.3 (commencing with Section
2253232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
23Government Code. Reimbursement for these expenses is subject
24to Sections 53232.2 and 53232.3 of the Government Code.

25begin insert

begin insertSEC. 113.end insert  

end insert

begin insertSection 70078 of the end insertbegin insertWater Codeend insertbegin insert is amended to
26read:end insert

27

70078.  

Each member of the boardbegin delete shallend deletebegin insert mayend insert receive
28compensation for services actually and necessarily performed, as
29the board determines to be just and reasonable, andbegin delete shallend deletebegin insert mayend insert be
30reimbursed for expenses necessarily incurred in the performance
31of his or her duties as director. The salaries of all officers and
32employees of the district shall be fixed and determined by the
33directors. The board of directors shall fix the compensation that
34 the election officers shall receive for district elections. For purposes
35of this section, the determination of whether a director’s activities
36on any specific day are compensable shall be made pursuant to
37Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
381 of Division 2 of Title 5 of the Government Code. Reimbursement
39for these expenses is subject to Sections 53232.2 and 53232.3 of
40the Government Code.

P116  1begin insert

begin insertSEC. 114.end insert  

end insert

begin insertSection 71255 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

71255.  

Each directorbegin delete shallend deletebegin insert mayend insert receive compensation in an
4amount not to exceed one hundred dollars ($100) per day for each
5day’s attendance at meetings of the board or for each day’s service
6rendered as a director by request of the board, not exceeding a
7total of six days in any calendarbegin delete month, together withend deletebegin insert month. Each
8director may also receive reimbursement forend insert
any expenses incurred
9in the performance of his or her duties required or authorized by
10the board. For purposes of this section, the determination of
11whether a director’s activities on any specific day are compensable
12shall be made pursuant to Article 2.3 (commencing with Section
1353232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
14Government Code. Reimbursement for these expenses is subject
15to Sections 53232.2 and 53232.3 of the Government Code.

16begin insert

begin insertSEC. 115.end insert  

end insert

begin insertSection 74208 of the end insertbegin insertWater Codeend insertbegin insert is amended to
17read:end insert

18

74208.  

Each directorbegin delete shallend deletebegin insert mayend insert receive compensation in an
19amount not to exceed one hundred dollars ($100) per day for each
20day’s attendance at meetings of the board or for each day’s service
21rendered as a director by request of the board, not exceeding a
22total of six days in any calendarbegin delete month, together withend deletebegin insert month. Each
23director may also receive reimbursement forend insert
any expenses incurred
24in the performance of his or her duties required or authorized by
25the board. For purposes of this section, the determination of
26whether a director’s activities on any specific day are compensable
27shall be made pursuant to Article 2.3 (commencing with Section
2853232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
29Government Code. Reimbursement for these expenses is subject
30to Sections 53232.2 and 53232.3 of the Government Code.

31begin insert

begin insertSEC. 116.end insert  

end insert

begin insertSection 656.2 of the end insertbegin insertWelfare and Institutions Codeend insert
32begin insert is amended to read:end insert

33

656.2.  

(a) begin insert(1)end insertbegin insertend insertNotwithstanding any otherbegin delete provision ofend delete law, a
34victim shall have the right to present a victim impact statement in
35all juvenile court hearings concerning petitions filed pursuant to
36Section 602 alleging the commission of any criminal offense. In
37any case in which a minor is alleged to have committed a criminal
38offense, the probation officer shall inform the victim of the rights
39of victims to submit a victim impact statement. If the victim
40exercises the right to submit a victim impact statement to the
P117  1probation officer, the probation officerbegin delete shallend deletebegin insert is encouraged toend insert
2 include the statement in his or her social study submitted to the
3court pursuant to Section 706 and, if applicable, in his or her report
4submitted to the court pursuant to Section 707. The probation
5officer also shall advise those persons as to the time and place of
6the disposition hearing to be conducted pursuant to Sections 702
7and 706; any fitness hearing to be conducted pursuant to Section
8707, and any other judicial proceeding concerning the case.

begin delete

9The

end delete

10begin insert(2)end insertbegin insertend insertbegin insertTheend insert officer shall also provide the victim with information
11concerning the victim’s right to an action for civil damages against
12the minor and his or her parents and the victim’s opportunity to
13be compensated from the restitution fund. The information shall
14be in the form of written material prepared by the Judicial Council
15and shall be provided to each victim for whom the probation officer
16has a current mailing address.

17(b) Notwithstanding any otherbegin delete provision ofend delete law, the persons
18from whom the probation officer is required to solicit a statement
19pursuant to subdivision (a) shall have the right to attend the
20disposition hearing conducted pursuant to Section 702 and to
21express their views concerning the offense and disposition of the
22case pursuant to Section 706, to attend any fitness hearing
23conducted pursuant to Section 707, and to be present during
24juvenile proceedings as provided in Section 676.5.

25(c) begin insert(1)end insertbegin insertend insertNotwithstanding any otherbegin delete provision ofend delete law, in any case
26in which a minor is alleged to have committed an act subject to a
27fitness hearing under Section 707, the victim shall have the right
28to be informed of all court dates and continuances pertaining to
29the case, and shall further have the right to obtain copies of the
30charging petition, the minutes of the proceedings, and orders of
31adjudications and disposition of the court that are contained in the
32court file. The arresting agency shall notify the victim in a timely
33manner of the address and telephone number of the juvenile branch
34of the district attorney’s office that will be responsible for the case
35and for informing the victim of the victim’s right to attend hearings
36and obtain documents as provided in this section. The district
37attorney shall, upon request, inform the victim of the date of the
38fitness hearing, the date of the disposition hearing, and the dates
39for any continuances of those hearings, and shall inform the court
P118  1if the victim seeks to exercise his or her right to obtain copies of
2the documents described in this subdivision.

begin delete

3Where

end delete

4begin insert(2)end insertbegin insertend insertbegin insertWhereend insert the proceeding against the minor is based on a felony
5that is not listed in Section 676, a victim who obtains information
6about the minor under this subdivision shall not disclose or
7disseminate this information beyond his or her immediate family
8or support persons authorized by Section 676, unless authorized
9to do so by a judge of the juvenile court, and the judge may suspend
10or terminate the right of the victim to access to information under
11this subdivision if the information is improperly disclosed or
12disseminated by the victim or any members of his or her immediate
13family. The intentional dissemination of documents in violation
14of this subdivision is a misdemeanor and shall be punished by a
15fine of not more than five hundred dollars ($500). Documents
16released by the court to a victim pursuant to this section shall be
17stamped as confidential and with a statement that the unlawful
18dissemination of the documents is a misdemeanor punishable by
19a fine of not more than five hundred dollars ($500).

20(d) Upon application of the district attorney for good cause and
21a showing of potential danger to the public, the court may redact
22any information contained in any documents released by the court
23to a victim pursuant to this section.

24(e) For purposes of this section, “victim” means the victim, the
25parent or guardian of the victim if the victim is a minor, or, if the
26victim has died, the victim’s next of kin.

27begin insert

begin insertSEC. 117.end insert  

end insert
begin insert

On July 1, 2013, the remaining balance, assets,
28liabilities, revenue, and expenditures of the Industrial Relations
29Construction Industry Enforcement Fund shall be transferred to
30the Labor Enforcement and Compliance Fund.

end insert
31begin insert

begin insertSEC. 118.end insert  

end insert
begin insert

The Legislature finds and declares that Section 4
32of this act, which adds Section 6252.8 to the Government Code,
33imposes a limitation on the public’s right of access to the meetings
34of public bodies or the writings of public officials and agencies
35within the meaning of Section 3 of Article I of the California
36Constitution. Pursuant to that constitutional provision, the
37Legislature makes the following findings to demonstrate the interest
38protected by this limitation and the need for protecting that
39interest:

end insert
begin insert

P119  1The interest being protected is the strong interest of the
2Legislature in allowing, to the extent possible, local agencies to
3control the manner in which they perform their public duties,
4including, but not limited to, the manner in which they comply with
5the spirit and purpose of the California Public Records Act.

end insert
6begin insert

begin insertSEC. 119.end insert  

end insert
begin insert

The amendments made by this act to Sections 8592.1,
78592.5, 8592.7, 11542, 14615.1, 15251, 15253, 15254, 15275,
815277, 53108.5, 53114.1, 53115.1, and 53126.5 of the Government
9Code, Sections 12100, 12100.5, 12100.7, 12101, 12101.2, 12101.5,
1012102, 12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108,
1112109, 12112, 12120, 12125, 12126, and 12128 of the Public
12Contract Code, Sections 2872.5, 2892, and 2892.1 of the Public
13Utilities Code, Sections 41030, 41031, 41032, 41136, 41136.1,
1441137, 41137.1, 41138, 41139, 41140, 41141, and 41142 of the
15Revenue and Taxation Code, and the addition by this act of Section
16 11543 of, and Chapter 3 (commencing with Section 15278) to Part
176.5 of Division 3 of Title 2 of, the Government Code, and Sections
1812102.1 and 12102.2 to the Public Contract Code, and the repeal
19by this act of Section 12121 of the Public Contract Code shall be
20operative on July 1, 2013.

end insert
21begin insert

begin insertSEC. 120.end insert  

end insert
begin insert

It is the intent of the Legislature in enacting the
22amendments made by this act to Section 23025 of the Government
23Code, Sections 1203, 13518.1, 13701, 13710, and 13730 of the
24Penal Code, and Section 656.2 of the Welfare and Institutions
25Code to relieve local entities of the duty to perform reimbursable
26activities, as determined by the Commission on State Mandates or
27other authorized entity, included in the following state-mandated
28local programs:

end insert
begin insert

29(a) Deaf Teletype Equipment (04-LM-11).

end insert
begin insert

30(b) Adult Felony Restitution (04-LM-08).

end insert
begin insert

31(c) Pocket Masks (CSM-4291).

end insert
begin insert

32(d) Domestic Violence Information (CSM-4442).

end insert
begin insert

33(e) Victims’ Statements-Minors (04-LM-14).

end insert
34begin insert

begin insertSEC. 121.end insert  

end insert
begin insert

If the Commission on State Mandates determines
35that this act contains costs mandated by the state, reimbursement
36to local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.

end insert
39begin insert

begin insertSEC. 122.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
40to the Budget Bill within the meaning of subdivision (e) of Section
P120  112 of Article IV of the California Constitution, has been identified
2as related to the budget in the Budget Bill, and shall take effect
3immediately.

end insert
begin delete
4

SECTION 1.  

It is the intent of the Legislature to enact statutory
5changes relating to the Budget Act of 2013.

end delete


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