SB 71, as amended, Committee on Budget and Fiscal Review. State government.
(1) Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions, including institutions accredited by certain federally recognized accrediting agencies and institutions accredited by a regional accrediting agency, from its provisions, and is repealed on January 1, 2015.
This bill would authorize certain institutions, which are otherwise exempt from the requirement in the act that they obtain approval to operate from the bureau, to apply to the bureau for an approval to operate under the act. The bill would specify the authority of the bureau with regard to those institutions and would provide that, upon being issued an approval to operate, those institutions would be subject to the act and regulations adopted pursuant to the act. The bill would require these institutions to report certain placement and salary or wage data to the bureau and provide certain information to prospective students. This bill would provide that an institution that was approved to operate by the bureau before its effective date shall be deemed to have been approved pursuant to the bill’s provisions. All of these provisions would be repealed on January 1, 2015, as part of the act.
(2) The California Constitution authorizes the Legislature, at any time after the approval by the voters of a law authorizing the issuance of bonded indebtedness, to reduce the amount of the indebtedness authorized by the law to an amount not less than the amount contracted at the time of the reduction.
This bill would reduce the amount of bonded indebtedness authorized by the Public Education Facilities Bond Act of 1996 by $12,965,000.
(3) Existing law, the California Public Records Act (CPRA), requires state and local agencies to make public records available upon receipt of a request that reasonably describes an identifiable record not otherwise exempt from disclosure, upon the payment of fees to cover costs.
end deleteThis 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.
end deleteExisting 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.
end deleteThis bill would make legislative findings to that effect.
end deleteThe 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.
end deleteThis 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.
end delete(4)
end deletebegin insert(3)end insert Existing law authorizes the Director of General Services to purchase, exchange, or otherwise acquire real property and construct facilities, including any improvements, betterments, and related facilities, within the jurisdiction of the Capital Area Plan in the City of Sacramento and authorizes the State Public Works Board to issue up to $391,000,000 in revenue bonds, negotiable notes, or negotiable bond anticipation notes to finance the costs associated with the acquisition, design, and construction of office and parking facilities in the Capital Area Plan.
This bill would repeal this authority given to the Director of General Services and the State Public Works Board.
(5)
end deletebegin insert(4)end insert Existing law creates within state government the Commission on the Status of Women and Girls. Existing law requires the commission to act as an information center on the status of women and women’s educational, employment, and other related needs.
This bill would create a fund in the State Treasury to carry out these provisions.
(6)
end deletebegin insert(5)end insert Existing law, the California Disaster Assistance Act, establishes, until January 1, 2014, the Disaster Response-Emergency Operations Account in the Special Fund for Economic Uncertainties and continuously appropriates its revenue for allocation by the Director of Finance to state agencies for disaster response operation costs incurred as a result of a proclamation by the Governor of a state of emergency.
This bill would extend the termination date for these provisions until January 1, 2019, and would thereby make an appropriation by extending the time during which funds are continuously appropriated from the account.
(7)
end deletebegin insert(6)end insert The California Victim Compensation and Government Claims Board administers a program to assist state residents to obtain compensation for their pecuniary losses suffered as a direct result of criminal acts. Payment is made under these provisions from the Restitution Fund, which is continuously appropriated to the board for these purposes.
This bill would authorize the board, as specified, to administer a program to award, upon appropriation by the Legislature, up to $2,000,000 in grants, annually, to trauma recovery centers, as defined, funded from the Restitution Fund.
(8)
end deletebegin insert(7)end insert Existing law authorizes a state agency to furnish services, materials, or equipment to, or perform work for, any other state agency upon terms and conditions and for such consideration as they may determine, and to enter into agreements for that purpose, subject to approval of the Director of General Services. Existing law requires a state agency that furnishes the services, materials, or equipment to, or performs the work for, the other state agency to compute charges in a manner approved by the Director of Finance.
This bill would authorize the Department of Finance to furnish services to, or provide work for, any other state agency, as requested by the state agency, the Governor, or the Legislature, or as otherwise needed or directed, which agreement would not require approval by the Director of General Services. The bill would require the department to charge the state agency an amount sufficient to recover the costs of furnishing services to, or the work performed for, the state agency, and would require the Controller to transfer to the department the amount of the charge for services rendered or the work performed from the state agency’s support appropriation to the appropriation for the support of the department, as specified.
(9)
end deletebegin insert(8)end insert Existing law governing the acquisition of information technology goods and services requires all contracts for the acquisition of information technology goods and services, whether by lease or purchase, to be made under the supervision of the Department of General Services. Existing law requires procedures developed by the Department of General Services to provide for, among other things, the expeditious and value-effective acquisition of information technology goods and services to satisfy state requirements and the acquisition of information technology goods and services within a competitive framework. Existing law requires the Department of General Services to maintain, in the State Administrative Manual, policies and procedures governing the acquisition and disposal of information technology goods and services. Existing law requires the acquisition of information technology goods and services to be conducted through competitive means, except when the Director of General Services makes specified determinations. Under existing law, the Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges are not subject to those provisions governing the acquisition of information technology goods and services, except that the board is required to adopt policies and procedures that further the legislative policies of those provisions.
This bill would establish the Golden State Financial Marketplace Program or GS $Mart Program (program). The bill would authorize the Department of General Services to structure, administer, and maintain the program, the state’s centralized financing program available for state agencies to finance certain goods and services, as described. The bill would make state agencies, defined to include every state office, officer, department, division, bureau, board, and commission and the California State University and the Regents of the University of California, eligible to apply to the program in order to enter into agreements for financing those specified assets, including, but not limited to, energy efficiency measures, energy savings contracts, or technology goods or services, without further competitive bidding. The bill would also authorize state agencies to refinance any eligible asset through the program for various purposes. The bill would require the Department of General Services to develop a financing process for the program that requires, among other things, confirmation that the term of financing shall be limited to the average expected economic life of the asset or assets and the preparation and submission of payment schedules to the Controller for use by the Controller in transferring funds appropriated in the annual Budget Act to a state agency participating in the program for payments due under the financing program. The bill would authorize the Controller to direct the transfer of funds according to the schedule or schedules submitted by the Department of General Services pursuant to the program. This bill would require the Department of General Services to annually provide a report to the Joint Legislative Budget Committee, the State Treasurer’s Office, and the Department of Finance to include specified information, including the total amount of outstanding GS $Mart loans.
(10)
end deletebegin insert(9)end insert Existing law authorizes the State Personnel Board to conduct an audit of an appointing authority’s personnel practices to ensure compliance with the civil service laws and board regulations, including selection and examination procedures, appointments, promotions, the management of probationary periods, personal services contracts, discipline and adverse actions, or any other area related to the operation of merit principle in state civil service. Existing law requires the board to recover the cost of any audit or investigation from the audited department.
This bill would delete that cost recovery provision, and, instead, require the board to determine costs associated with the board’s audit and special investigative authority and recover costs by billing appointing authorities in accordance with prescribed procedures. This bill would require the Controller to transfer to the board any moneys owed to the board by any appointing authority under these provisions. The bill would require the board to report annually on its audit and special investigation activities pursuant to the bill from the preceding fiscal year to the Chairperson of the Joint Legislative Budget Committee.
(11)
end deletebegin insert(10)end insert Existing law authorizes the board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the State Civil Service Act, as specified, and to determine and recover the attendant costs.
This bill would require the Controller to transfer to the board any moneys owed to the board by any state agency or department for charges determined by the board.
(12)
end deletebegin insert(11)end insert Existing law establishes the Department of Human Resources in state government to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law requires that civil service positions be filled by appointment, except as provided.
This bill would require the Department of Human Resources to submit reports to the Joint Legislative Budget Committee and certain fiscal committees of the Legislature, by November 30, 2013, and November 30, 2014, regarding additional appointments held by state employees, as specified. The bill would also require, by November 30, 2013, the State Personnel Board to submit a report to the Joint Legislative Budget Committee and certain fiscal committees of the Legislature regarding the policies and practices included in the Personnel Management Policy and Procedures Manual, as specified.
(13)
end deletebegin insert(12)end insert Existing law provides for the California Earthquake Authority (CEA) governed by a 3-member governing board consisting of the Governor, the Treasurer, and the Insurance Commissioner. The Speaker of the Assembly and the Chairperson of the Senate Committee on Rules serve as nonvoting, ex officio members of the board. The CEA is vested with certain powers and duties, including, but not limited to, the authorization to employ a maximum of 25 people subject to civil service provisions.
This bill would remove the limit on the number of people, subject to civil service provisions, that the CEA can employ.
(14) Existing law provides for the establishment and operation of cities, counties, cities and counties, districts, and other local government agencies, the composition of their governing bodies, and the compensation of the members of those governing bodies.
end deleteExisting law, for certain of those local agencies, requires that the members be compensated for their services, be reimbursed for their expenses, or both.
end deleteThis 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.
end delete(15)
end deletebegin insert(13)end insert Existing law establishes a return-to-work program, administered by the Department of Industrial Relations, to make supplemental payments to workers whose permanent disability benefits are disproportionately low in comparison to their earnings loss. Existing law appropriates $120,000,000 per year to fund this program.
This bill would specify that the moneys remain available for use by the program without respect to fiscal year and that the program applies only to injuries that occur on or after January 1, 2013.
(16)
end deletebegin insert(14)end insert Existing law creates the Occupational Safety and Health Fund (OSHF) as a special account in the State Treasury, and authorizes the expenditure of moneys in the account by the Department of Industrial Relations, upon appropriation by the Legislature, for support of the Division of Occupational Safety and Health, the Occupational Safety and Health Standards Board, and the Occupational Safety and Health Appeals Board, and the activities these entities perform as set forth in existing law. Existing law creates the Labor Enforcement and Compliance Fund (LECF) as a special account in the State Treasury and authorizes the expenditure of moneys in the account by the department, upon appropriation by the Legislature, for the support of specified activities that the Division of Labor Standards Enforcement performs. Existing law requires the Director of Industrial Relations to impose separate surcharges on employers for purposes of deposit in the OSHF and LECF and establishes $52,000,000 and $37,000,000 revenue caps for those surcharges, respectively, to be adjusted as prescribed. The provisions for the LECF, and the OSHF revenue cap, become inoperative on July 1, 2013.
This bill would increase those revenue caps to $57,000,000 for the OSHF, to be adjusted as prescribed, and $46,000,000 for the LECF, to be adjusted as prescribed. The bill would delete that July 1, 2013, inoperative provision, thereby making the provisions for the LECF, and the OSHF revenue cap, operative indefinitely.
Existing law establishes the Cal-OSHA Targeted Inspection and Consultation Fund (TICF) as a special account in the State Treasury, and authorizes the expenditure of moneys in the account by the department, upon appropriation by the Legislature, for the costs of a Cal-OSHA targeted inspection program and a Cal-OSHA targeted consultation program. Existing law requires the director to levy and collect assessments as prescribed to produce revenue sufficient to fund those programs.
This bill would make the TICF inoperative on June 30, 2014, and repeal that fund as of January 1, 2015. The bill would require any moneys in the TICF on the effective date of the bill, less $5,000,000, to be deposited in the OSHF, and, effective June 30, 2014, the remaining balance in that fund, to be transferred to, and become part of, the OSHF. The bill would require, for the 2013-14 fiscal year only, the OSHF revenue cap to be reduced by an amount equivalent to the balance transferred from the TICF, less any amount of that balance loaned to the State Public Works Enforcement Fund.
Existing law creates the State Public Works Enforcement Fund as a special fund in the State Treasury, and requires all moneys in the fund to be continuously appropriated to the Department of Industrial Relations, to monitor and enforce compliance with the applicable prevailing wage requirements on public works projects paid for in whole or part out of public funds that are derived from bonds issued by the state, and on other projects for which the department provides prevailing wage monitoring and enforcement activities and for which it is to be reimbursed by the awarding body, as provided.
This bill would appropriate for transfer by the State Controller upon order by the Department of Finance from the TICF a loan to the State Public Works Enforcement Fund. Because the State Public Works Enforcement Fund is a continuously appropriated fund, this transfer would make an appropriation. This bill would require the loan to be repaid to the OSHF by June 15, 2015, with interest, as calculated.
(17)
end deletebegin insert(15)end insert Under existing law, a person without a valid state contractor’s license who employs a worker to perform services for which such a license is required is subject to a specified civil penalty. Civil penalties collected pursuant to these provisions are required to be deposited in the Industrial Relations Construction Industry Enforcement Fund to be used, upon appropriation by the Legislature, for the purpose of enforcing these provisions relating to prohibited employment by unlicensed contractors.
This bill would, as of July 1, 2013, eliminate the Industrial Relations Construction Industry Enforcement Fund, and direct the civil penalties to be deposited in the Labor Enforcement and Compliance Fund, a special fund used for, among others, the purpose of enforcing the provisions relating to prohibited employment by unlicensed contractors. The bill would also provide for the transfer of the remaining balance, assets, liabilities, revenue, and expenditures of the Industrial Relations Construction Industry Enforcement Fund to the Labor Enforcement and Compliance Fund.
(18)
end deletebegin insert(16)end insert Existing law requires the Occupational Safety and Health Standards Board to, no later than July 1, 1992, adopt specified process safety management standards for prescribed petroleum refineries, chemical plants, and other manufacturing facilities. The law requires certain employers to establish and implement an emergency action plan unless a prescribed business plan for emergency response meets the standards established by the board.
Existing law, notwithstanding the availability of federal funds, authorizes the Division of Occupational Safety and Health to fix and collect reasonable fees for consultation, inspection, adoption of standards, and other duties conducted pursuant to these provisions and, upon appropriation by the Legislature, authorizes expenditure of those fees for these purposes.
This bill would, instead, require the board to adopt these regulations and fees by March 31, 2014. The bill would require that the annual fees be sufficient to support, at a minimum, 15 positions.
This bill would require that the fees be deposited into the Occupational Safety and Health Fund.
(19)
end deletebegin insert(17)end insert Existing law, the Displaced Janitor Opportunity Act, requires contractors and subcontractors, as defined, that are awarded contracts or subcontracts to provide janitorial or building maintenance services at a particular job site or sites, to retain, for a period of 60 days, certain employees who were employed at that site by the previous contractor or subcontractor. The act also requires that employees retained for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The act authorizes an employee who was not offered employment or who has been discharged in violation of these provisions by a successor contractor or successor subcontractor, or an agent of the employee, to bring an action against a successor contractor or successor subcontractor in any superior court of the state having jurisdiction over the successor contractor or successor subcontractor, as specified.
This bill would, until December 31, 2014, apply the provisions of the Displaced Janitor Opportunity Act to every contractor, as defined, that provides food and beverage services at a publicly owned entertainment venue, as defined.
(20)
end deletebegin insert(18)end insert Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects.
Existing law authorizes the awarding body for a public works project to not require the payment of the general prevailing rate of per diem wages on public works projects of specified sizes and types of work, if, among other things, the awarding body elects to reimburse the Department of Industrial Relations for the cost of monitoring and enforcing compliance with prevailing wage requirements for every public works project of the awarding body. Under existing law, the department is required to determine the rate of reimbursement the department will charge an awarding body for the costs of those monitoring and enforcement services, which may not exceed 1⁄4 of 1% of the total public works project costs.
This bill would delete that limitation on the amount the department may charge an awarding body as reimbursement for those costs.
Under existing law, the Department of Industrial Relations is required to monitor and enforce compliance with applicable prevailing wage requirements for any public works project paid for in whole or in part out of public funds that are derived from bonds issued by the state. The department is required to charge the awarding body for the reasonable and directly related costs of monitoring and enforcing compliance with the prevailing wage requirements on each project. Under existing law, the department, with approval of the Director of Finance, is required to determine the rate of reimbursement the department will charge an awarding body for the costs of those monitoring and enforcement services, which may not exceed 1⁄4 of 1% of the state bond proceeds used for the public works project.
This bill would delete that limitation on the amount the department may charge an awarding body as reimbursement for those costs, and instead limit the amount of bond funds utilized by an awarding body to pay the department’s fee to 1⁄4 of 1% of the state bond proceeds used for the public works project. This bill would require the remaining costs of monitoring and enforcing compliance to be paid from other funds authorized to be used to finance the project.
This bill would require the department to annually provide specified information to assist an awarding body to reasonably estimate the annual cost of monitoring and enforcing compliance.
Money that is collected by the department for the cost of monitoring and enforcing compliance for those public works projects is deposited into the State Public Works Enforcement Fund, a continuously appropriated fund.
By increasing the amount of fees that would be deposited into the fund, this bill would make an appropriation.
(21)
end deletebegin insert(19)end insert Existing law requires that a county that provides emergency services to provide deaf teletype equipment at a central location within the county to relay requests for the emergency services.
This bill would state that a county is encouraged to provide deaf teletype equipment in order to comply with the Americans with Disabilities Act and other applicable federal provisions.
(22)
end deletebegin insert(20)end insert Existing law requires a court to require a probation officer to prepare a written probation report when a person is convicted of a felony and is eligible for probation. Existing law requires the probation officer to include a recommendation in the report of the amount the defendant may be required to pay as a restitution fine and whether the court shall require restitution to the victim or the Restitution Fund as a condition of probation.
This bill would instead provide that a probation officer may include these provisions in his or her probation report.
(23)
end deletebegin insert(21)end insert Existing law requires every law enforcement agency that employs peace officers that are required to meet the training standards prescribed by the Emergency Medical Services Authority for the administration of first aid and cardiopulmonary resuscitation to provide each of these peace officers an appropriate portable manual mask and airway assembly for use when applying cardiopulmonary resuscitation.
This bill would instead provide that a law enforcement agency may provide these masks and airway assemblies to the above-specified peace officers.
(24)
end deletebegin insert(22)end insert Existing law requires every law enforcement agency in the state to adopt written policies and standards for officers’ responses to domestic violence calls, and requires the policies to contain specified provisions, as provided. Existing law requires the policies to be available to the public upon request.
This bill would instead provide that these law enforcement agencies may adopt written policies as a best practice, and would provide that the policies may contain the specified provisions.
(25)
end deletebegin insert(23)end insert Existing law requires law enforcement agencies to maintain a complete and systematic record of all protection orders with respect to domestic violence incidents, and requires that these be used to inform law enforcement officers responding to domestic violence calls of the existence, terms, and effective dates of protection orders in effect.
This bill would instead provide that law enforcement agencies may maintain these records as a best practice, and that they may be used to inform law enforcement officers responding to domestic violence calls of the existence, terms, and effective dates of protection orders in effect.
(26)
end deletebegin insert(24)end insert Existing law requires each law enforcement agency to develop a system for recording all domestic violence-related calls for assistance made to the department, and requires these calls to be supported with a written incident report. Existing law requires that the total number of domestic violence calls be compiled by each law enforcement agency monthly and submitted to the Attorney General. Existing law requires each law enforcement agency to develop an incident report form, as specified.
This bill would instead provide that each law enforcement agency may develop the above system, and that the calls may be supported with a written incident report. The bill would provide that the total number of domestic calls may be compiled, and that each law enforcement agency may develop an incident report form.
(27)
end deletebegin insert(25)end insert Existing law requires that a victim has the right to present a victim impact statement in all juvenile court hearings alleging the commission of any criminal offense. If the victim exercises the right to submit a victim impact statement to a probation officer, existing law requires the probation officer to include the statement in his or her social study.
This bill would instead provide that the probation officer is encouraged to include the statement in his or her social study.
(28)
end deletebegin insert(26)end insert Existing law provides for Department of General Services approval of state agency contracts for services. However, contracts under $75,000 are exempt if a state agency complies with certain requirements.
This bill would increase the exemption amount to apply to those contracts under $150,000.
(29)
end deletebegin insert(27)end insert Existing law authorizes the Department of General Services to maintain, develop, and prescribe procedures and policies for the procurement of information technology for the state, and requires the department to maintain in the State Administrative Manual policies and procedures governing the acquisition and disposal of information technology goods and services. Existing law also authorizes the Department of Technology to, among other duties related to technology services for the state, oversee information technology projects.
This bill would, as of July 1, 2013, realign and modify the duties relating to the procurement of information technology goods and services and information projects between the Department of General Services and the Department of Technology, and exempt the Department of Technology from the Administrative Procedure Act when promulgating rules relating to these duties.
(30)
end deletebegin insert(28)end insert Existing law authorizes the Department of Motor Vehicles, in conjunction with the California Highway Patrol, to design and make available for issuance the California memorial license plate. Existing law requires the revenue from specified fees imposed in connection with the issuance, renewal, transfer, and substitution of California memorial license plates to be deposited in the Antiterrorism Fund within the General Fund, and provides that one half of the money, upon appropriation by the Legislature, be allocated solely for antiterrorism activities, as provided. Existing law provides that the administering agency shall not use more than 5% of the money appropriated to it from the fund for administrative purposes.
This bill would revise those provisions to prohibit the administering agency, the Office of Emergency Services, from using more than 5% of the money appropriated from the fund for local antiterrorism efforts for administrative purposes. The bill would make additional technical conforming changes.
(31)
end deletebegin insert(29)end insert The Governor’s Reorganization Plan No. 2 of 2012 (GRP No. 2), operative July 1, 2013, generally requires the Office of Emergency Services, rather than the California Emergency Management Agency, to develop and implement the state’s preparedness for emergencies and the Department of Technology, rather than the California Technology Agency or the State Chief Information Officer, to perform specified duties relating to communications technology.
This bill would, on July 1, 2013, enact statutory changes related to the responsibilities of the Office of Emergency Services under GRP No. 2 to perform specified duties related to emergency and public safety communications, and, in this regard, transfer certain duties from the California Emergency Management Agency, the Department of Technology, and the State Chief Information Officer to the Office of Emergency Services. This bill would also enact the Public Safety Communications Act of 2013, and establish the Public Safety Communications Division within the Office of Emergency Services to be under the supervision of a chief.
(32)
end deletebegin insert(30)end insert Existing law creates the Strategic Growth Council, consisting of specified state officers and a public member appointed by the Governor, with specified duties relating to coordination of actions of state agencies relative to improvement of air and water quality, natural resource protection, transportation, and various other matters.
Existing law and the Governor’s Reorganization Plan No. 2 of 2012, effective July 3, 2012, and operative July 1, 2013, assigns and reorganizes the various functions of state government among executive officers and agencies by, among other things, creating the Business, Consumer Services, and Housing Agency headed by a secretary.
This bill would add the Secretary of Business, Consumer Services, and Housing to the council.
(33)
end deletebegin insert(31)end insert This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: majority.
Appropriation: yes.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 94874.8 is added to the Education Code,
2to read:
(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.
17(2) Notwithstanding any other law, upon issuance of an approval
18to operate pursuant to this section, the institution is no longer
19eligible for exemption, from the provisions of this chapter pursuant
20to subdivision (i) or (j) of Section 94874 or Section 94874.1, unless
21authorized by subsequent legislation.
22(3) Upon issuance of an approval to operate pursuant to this
23section, an institution is subject to all provisions of this chapter,
24and any regulations adopted pursuant to this chapter, that apply to
25an institution subject to this chapter, except as expressly provided
26in paragraph (4).
27(4) (A) With respect to the placement and salary or wage data
28required to be collected, calculated, and reported by Article 16
29(commencing with Section 94928), an institution issued an
30approval to operate pursuant to this section is not required to report
31on its first School Performance Fact Sheet any data from the period
32prior to the date of the issuance of the approval to operate that the
33institution was not required to collect and does not have available
P17 1to it. An institution shall, however, report available data collected
2and calculated in accordance with this chapter and applicable
3regulations, regardless of the purpose for which the data was
4collected. If the required data is unavailable, the institution shall
5also disclose the unavailability of the data on all documents
6required by this chapter and regulations adopted pursuant to this
7chapter. Upon receiving an approval to operate pursuant
to this
8section, an institution shall commence to collect and calculate all
9information necessary to comply with Article 16 (commencing
10with Section 94928).
11(B) An institution receiving an approval to operate pursuant to
12
this section shall provide to prospective students the School
13Performance Fact Sheet, file that fact sheet with the bureau, and
14post it on the institution’s Internet Web site no later than the first
15August 1 after the institution is approved to operate and no later
16than August 1 of each year thereafter. These School Performance
17Fact Sheets shall report data for the previous two calendar years
18based upon the number of students who began the program or the
19number of graduates for each reported calendar year. If two
20calendar years have not passed since the issuance of the approval
21to operate by the August 1 deadline for the School Performance
22Fact Sheet, unless data for two years is available, the institution
23shall report the required data for the period subsequent to the date
24of the issuance of the notice of approval.
25(b) An institution exempt from all or part of this chapter pursuant
26to subdivision (i) or (j) of Section 94874 or Section 94874.1 that
27was approved to operate by the bureau before the effective date
28of this section shall be deemed to have been approved pursuant to
29this section.
Section 100010 of the Education Code is amended to
31read:
Two billion twelve million thirty-five thousand dollars
33
($2,012,035,000) of the proceeds of bonds issued and sold pursuant
34to this chapter shall be deposited in the State School Building
35Lease-Purchase Fund.
Section 100115 of the Education Code is amended to
37read:
Nine hundred seventy-five million dollars
39($975,000,000) of the proceeds of bonds issued and sold pursuant
P18 1to this chapter shall be deposited in the 1996 Higher Education
2Capital Outlay Bond Fund, which is hereby created.
Section 6252.8 is added to the Government Code, to
4read:
(a) Commencing on the effective date of the act adding
6this section, notwithstanding any other law, any mandates set forth
7in the following provisions shall not apply to a local agency.
8Compliance with these provisions shall be at the discretion of the
9local agency. For local agencies, these provisions represent best
10practices which they are encouraged, but are not required, to
11follow:
12(1) The requirement in subdivision (c) of Section 6253 that:
13(A) Within 10 days from receipt of a request for a copy of
14records, provide to the person making the request verbal or written
15notice of the disclosure determination and the reasons for the
16determination. This activity includes, where
applicable:
17(i) Drafting, editing, and reviewing a written notice to the person
18making the request, setting forth the reasons for the determination.
19(ii) Obtaining agency head, or his or her designee, approval and
20signature of a written notice of determination.
21(iii) Sending or transmitting the notice to the requestor.
22(B) If the 10-day time limit to notify the person making the
23records request of the disclosure determination is extended due to
24“unusual circumstances,” as defined by paragraphs (1)through (4),
25inclusive, of subdivision (c) of Section 6253 of the Government
26Code, the agency head, or his or her designee, shall provide written
27notice to the person making the request, setting forth the reasons
28of the extension and the date on which a
determination is expected
29to be dispatched. This activity includes, where applicable:
30(i) Drafting, editing, and reviewing a written notice to the person
31making the request, setting forth the reasons for the extension of
32time.
33(ii) Obtaining agency head, or his or her designee, approval and
34signature of the notice of determination or notice of extension.
35(iii) Sending or transmitting the notice to the requestor.
36(2) Section 6253.1.
37(3) Section 6253.9. As on this requirement, the local agency
38may determine the format of electronic data to be provided in
39response to a request for information.
40(4) Section 6254.3.
P19 1(5) Subdivision (b) of Section 6255.
2(b) Beginning on January 1, 2014, a local agency that determines
3that it will not follow these best practices, shall so announce orally
4at its next regularly scheduled public meeting and annually
5thereafter at a regularly scheduled public meeting.
Section 8169.6 of the Government Code is repealed.
Section 8250.1 is added to the Government Code, to
10read:
The Women and Girls Fund is hereby created as a fund
12in the State Treasury to carry out this chapter in support of the
13commission upon appropriation by the Legislature in the annual
14Budget Act. Subject to the approval of the Department of Finance,
15all moneys collected or received by the commission from gifts,
16bequests, or donations shall be deposited in the State Treasury to
17the credit of the Women and Girls Fund, in accordance with the
18terms of the gift or donation from which the moneys are derived
19and in accordance with Sections 8647, 11005, 11005.1, and 16302
20of the Government Code. Upon the approval and the establishment
21of the Women and Girls Fund, any funds deposited and remaining
22in the Commission on the Status of Women and Girls
Fund special
23deposit fund for the purposes of supporting the activities of the
24Commission on the Status of Women and Girls shall be transferred
25to the Women and Girls Fund.
Section 8592.1 of the Government Code is amended
28to read:
For purposes of this article, the following terms have
30the following meanings:
31(a) “Backward compatibility” means that the equipment is able
32to function with older, existing equipment.
33(b) “Committee” means the Public Safety Radio Strategic
34Planning Committee, that was established in December 1994 in
35recognition of the need to improve existing public radio systems
36and to develop interoperability among public safety departments
37and between state public safety departments and local or federal
38entities, and that consists of representatives of the following state
39entities:
P20 1(1) The Office of Emergency Services, who shall serve as
2chairperson.
3(2) The Department of the California Highway Patrol.
4(3) The Department of Transportation.
5(4) The Department of Corrections and Rehabilitation.
6(5) The Department of Parks and Recreation.
7(6) The Department of Fish and Wildlife.
8(7) The Department of Forestry and Fire Protection.
9(8) The Department of Justice.
10(9) The Department of Water Resources.
11(10) The State Department of Public Health.
12(11) The Emergency Medical Services Authority.
13(12) The Department of Technology.
14(13) The Military Department.
15(14) The Department of Finance.
16(c) “First response agencies” means public agencies that, in the
17early stages of an incident, are responsible for, among other things,
18the protection and preservation of life, property, evidence, and the
19environment, including, but not limited to, state fire agencies, state
20and local emergency medical services agencies, local sheriffs’
21departments,
municipal police departments, county and city fire
22departments, and police and fire protection districts.
23(d) “Nonproprietary equipment or systems” means equipment
24or systems that are able to function with another manufacturer’s
25equipment or system regardless of type or design.
26(e) “Open architecture” means a system that can accommodate
27equipment from various vendors because it is not a proprietary
28system.
29(f) “Public safety radio subscriber” means the ultimate end user.
30Subscribers include individuals or organizations, including, for
31example, local police departments, fire departments, and other
32operators of a public safety radio system. Typical subscriber
33equipment includes end instruments, including mobile radios,
34hand-held
radios, mobile repeaters, fixed repeaters, transmitters,
35or receivers that are interconnected to utilize assigned public safety
36communications frequencies.
37(g) “Public safety spectrum” means the spectrum allocated by
38the Federal Communications Commission for operation of
39interoperable and general use radio communication systems for
40public safety purposes within the state.
Section 8592.5 of the Government Code is amended
3to read:
(a) Except as provided in subdivision (c), a state
5department that purchases public safety radio communication
6equipment shall ensure that the equipment purchased complies
7with applicable provisions of the following:
8(1) The common system standards for digital public safety radio
9communications commonly referred to as the “Project 25
10Standard,” as that standard may be amended, revised, or added to
11in the future jointly by the Association of Public-Safety
12Communications Officials, Inc., National Association of State
13Telecommunications Directors, and agencies of the federal
14government, commonly referred to as “APCO/NASTD/FED.”
15(2) The operational and functional requirements delineated in
16the Statement of Requirements for Public Safety Wireless
17Communications and Interoperability developed by the SAFECOM
18Program under the United States Department of Homeland
19Security.
20(b) Except as provided in subdivision (c), a local first response
21agency that purchases public safety radio communication
22equipment, in whole or in part, with state funds or federal funds
23administered by the state, shall ensure that the equipment purchased
24complies with paragraphs (1) and (2) of subdivision (a).
25(c) Subdivision (a) or (b) shall not apply to either of the
26following:
27(1) Purchases of equipment to operate with existing state or
28local communications
systems where the latest applicable standard
29will not be compatible, as verified by the Office of Emergency
30Services.
31(2) Purchases of equipment for existing statewide low-band
32public safety communications systems.
33(d) This section may not be construed to require an affected
34state or local governmental agency to compromise its immediate
35mission or ability to function and carry out its existing
36responsibilities.
Section 8592.7 of the Government Code is amended
39to read:
(a) A budget proposal submitted by a state agency for
2support of a new or modified radio system shall be accompanied
3by a technical project plan that includes all of the following:
4(1) The scope of the project.
5(2) Alternatives considered.
6(3) Justification for the proposed solution.
7(4) A project implementation plan.
8(5) A proposed timeline.
9(6) Estimated costs by fiscal year.
10(b) The committee shall review the plans submitted pursuant to
11subdivision (a) for consistency with the statewide integrated public
12safety communication strategic plan.
13(c) The Office of Emergency Services shall review the plans
14submitted pursuant to subdivision (a) for consistency with the
15technical requirements of the statewide integrated public safety
16communication strategic plan.
Section 8690.6 of the Government Code is amended
19to read:
(a) The Disaster Response-Emergency Operations
21Account is hereby established in the Special Fund for Economic
22Uncertainties. Notwithstanding Section 13340, moneys in the
23account are continuously appropriated, subject to the limitations
24specified in subdivisions (c) and (d), without regard to fiscal years,
25for allocation by the Director of Finance to state agencies for
26disaster response operation costs incurred by state agencies as a
27result of a proclamation by the Governor of a state of emergency,
28as defined in subdivision (b) of Section 8558. These allocations
29may be for activities that occur within 120 days after a
30proclamation of emergency by the Governor.
31(b) It is the intent of the Legislature that the Disaster
32
Response-Emergency Operations Account have an unencumbered
33balance of one million dollars ($1,000,000) at the beginning of
34each fiscal year. If this account requires additional moneys to meet
35claims against the account, the Director of Finance may transfer
36moneys from the Special Fund for Economic Uncertainties to the
37account in an amount sufficient to pay the amount of the claims
38that exceed the unencumbered balance in the account.
39(c) Funds shall be allocated from the account subject to the
40conditions of this section and upon notification by the Director of
P23 1Finance to the Chairperson of the Joint Legislative Budget
2Committee and the chairpersons of the fiscal committees in each
3house.
4(d) Notwithstanding any other law, authorizations for
5acquisitions, relocations,
and environmental mitigations related to
6activities, as described in subdivision (a), shall be authorized
7pursuant to this section. However, these funds shall be authorized
8only for needs that are a direct consequence of the proclaimed
9emergency if failure to undertake the project may interrupt essential
10state services or jeopardize public health or safety. In addition,
11any acquisition accomplished under this subdivision shall comply
12with any otherwise applicable law, except as provided in the first
13sentence of this subdivision.
14(e) Funds allocated under this section shall not be used to
15supplant federal funds otherwise available in the absence of state
16financial relief.
17(f) The amount of financial assistance provided to an individual,
18business, or governmental entity under this
section, or pursuant to
19any other program of state-funded disaster assistance, shall be
20deducted from sums received in payment of damage claims asserted
21against the state, its agents, or employees, for causing or
22contributing to the effects of the proclaimed disaster.
23(g) Any public entity administering disaster assistance to
24individuals shall not receive funds under this section unless it
25administers that assistance pursuant to the following criteria:
26(1) All applications, forms, and other written materials presented
27to persons seeking assistance shall be available in English and in
28the same language as that used by the major non-English-speaking
29group within the disaster area.
30(2) Bilingual staff who reflect the
demographics of the disaster
31area shall be available to applicants.
32(h) Notwithstanding any other law, funds in the Disaster
33Response-Emergency Operations Account shall not be expended
34for conditions in the state’s prisons, medical facilities, or youth
35correctional facilities resulting solely from the action or inaction
36of the Department of Corrections and Rehabilitation in
37administering those facilities.
38(i) This section shall remain in effect only until January 1,
2019,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2019, deletes or extends that date.
Section 11542 of the
Government Code is amended
3to read:
(a) The Stephen P. Teale Data Center and the California
5Health and Human Services Agency Data Center are consolidated
6within, and their functions are transferred to, the Office of
7Technology Services.
8(b) Except as expressly provided otherwise in this chapter, the
9Office of Technology Services is the successor to, and is vested
10with, all of the duties, powers, purposes, responsibilities, and
11jurisdiction of the Stephen P. Teale Data Center, and the California
12Health and Human Services Agency Data Center. Any reference
13in statutes, regulations, or contracts to those entities with respect
14to the transferred functions shall be construed to refer to the Office
15of Technology Services
unless the context clearly requires
16otherwise.
17(c) A lease, license, or any other agreement to which either the
18Stephen P. Teale Data Center or the California Health and Human
19Services Agency Data Center is a party shall not be void or
20voidable by reason of this chapter, but shall continue in full force
21and effect, with the Office of Technology Services assuming all
22of the rights, obligations, and duties of the Stephen P. Teale Data
23Center or the California Health and Human Services Agency Data
24Center, respectively.
25(d) Notwithstanding subdivision (e) of Section 11793 and
26subdivision (e) of Section 11797, on and after the effective date
27of this chapter, the balance of any funds available for expenditure
28by the Stephen P. Teale Data Center and the California Health and
29Human
Services Agency Data Center, with respect to business
30telecommunications systems and services functions in carrying
31out any functions transferred to the Office of Technology Services
32by this chapter, shall be transferred to the Technology Services
33Revolving Fund created by Section 11544, and shall be made
34available for the support and maintenance of the Office of
35Technology Services.
36(e) Any reference in statute regulation, or contract to the former
37Stephen P. Teale Data Center Fund or the California Health and
38Human Services Data Center Revolving Fund shall be construed
39to refer to the Technology Services Revolving Fund unless the
40context clearly requires otherwise.
P25 1(f) All books, documents, records, and property of the Stephen
2P. Teale Data Center and the California Health and
Human Services
3Agency Data Center, excluding the Systems Integration Division,
4shall be transferred to the Office of Technology Services.
5(g) (1) All officers and employees of the former Stephen P.
6Teale Data Center and the California Health and Human Services
7Agency Data Center, are transferred to the Office of Technology
8Services.
9(2) The status, position, and rights of any officer or employee
10of the Stephen P. Teale Data Center and the California Health and
11Human Services Agency Data Center, shall not be affected by the
12transfer and consolidation of the functions of that officer or
13employee to the Office of Technology Services.
Section 11543 is added to the Government Code, to
16read:
If the Legislature directs or authorizes the Department
18of Technology to maintain, develop, or prescribe processes,
19procedures, or policies in connection with the administration of
20its duties under this chapter, Chapter 5.6 (commencing with Section
2111545), Part 6.5 (commencing with Section 15250), Section 6611
22of the Public Contract Code, or Chapter 3 (commencing with
23Section 12100) or Chapter 3.5 (commencing with Section 12120)
24of Part 2 of Division 2 of the Public Contract Code, the action by
25the department shall be exempt from the rulemaking provisions
26of the Administrative Procedure Act (Chapter 3.5 (commencing
27with Section 11340) of Part 1). This section shall apply to actions
28taken by the department with respect to the State Administrative
29
Manual and the State Contracting Manual.
Section 13295.5 is added to the Government Code,
32to read:
(a) Notwithstanding Section 11256, or any other law,
34the department may furnish services to, or provide work for, any
35other state agency, as requested by the state agency, the Governor,
36or the Legislature, or as otherwise needed or directed.
37(b) Prior to the commencement of any service or work, the
38department shall provide to the relevant state agency estimates of
39charges and the scope of work to be performed or services to be
40furnished.
P26 1(c) The department shall charge an amount sufficient to recover
2the costs of furnishing services or the work performed. The
3department shall certify to both the Controller and
the relevant
4state agency the actual charges that are due and payable for services
5furnished or the work performed.
6(d) Pursuant to Section 11255, the Controller shall transfer to
7the department the amount of the charges for services rendered or
8the work performed from the agencies’ appropriation to the
9appropriation for the support of the department. The amounts are
10to be transferred to the Department of Finance reimbursement
11account within the General Fund.
Section 13963.1 is added to the Government Code,
14to read:
(a) The Legislature finds and declares all of the
16following:
17(1) Without treatment, approximately 50 percent of people who
18survive a traumatic, violent injury experience lasting or extended
19psychological or social difficulties. Untreated psychological trauma
20often has severe economic consequences, including overuse of
21costly medical services, loss of income, failure to return to gainful
22employment, loss of medical insurance, and loss of stable housing.
23(2) Victims of crime should receive timely and effective mental
24health treatment.
25(3) The board shall administer a program to evaluate applications
26and award grants to trauma recovery centers.
27(b) The board shall award a grant only to a trauma recovery
28center that meets both of the following criteria:
29(1) The trauma recovery center demonstrates that it serves as a
30community resource by providing services, including, but not
31limited to, making presentations and providing training to law
32enforcement, community-based agencies, and other health care
33providers on the identification and effects of violent crime.
34(2) Any other related criteria required by the board.
35(c) Upon appropriation by the Legislature, the board shall award
36grants
totaling up to two million dollars ($2,000,000) per year. All
37grants shall be funded only from the Restitution Fund.
38(d) The board may award a grant providing funding for up to a
39maximum period of three years. Any portion of a grant that a
40trauma recovery center does not use within the specified grant
P27 1period shall revert to the Restitution Fund. The board may award
2consecutive grants to a trauma recovery center to prevent a lapse
3in funding. The board shall not award a trauma recovery center
4more than one grant for any period of time.
5(e) The board, when considering grant applications, shall give
6preference to a trauma recovery center that conducts outreach to,
7and serves, both of the following:
8(1) Crime victims who
typically are unable to access traditional
9services, including, but not limited to, victims who are homeless,
10chronically mentally ill, of diverse ethnicity, members of immigrant
11and refugee groups, disabled, who have severe trauma-related
12symptoms or complex psychological issues, or juvenile victims,
13including minors who have had contact with the juvenile
14dependency or justice system.
15(2) Victims of a wide range of crimes, including, but not limited
16to, victims of sexual assault, domestic violence, physical assault,
17shooting, stabbing, and vehicular assault, and family members of
18homicide victims.
19(f) The trauma recovery center sites shall be selected by the
20board through a well-defined selection process that takes into
21account the rate of crime and geographic distribution to
serve the
22greatest number of victims.
23(g) A trauma recovery center that is awarded a grant shall do
24both of the following:
25(1) Report to the board annually on how grant funds were spent,
26how many clients were served (counting an individual client who
27receives multiple services only once), units of service, staff
28productivity, treatment outcomes, and patient flow throughout
29both the clinical and evaluation components of service.
30(2) In compliance with federal statutes and rules governing
31federal matching funds for victims’ services, each center shall
32submit any forms and data requested by the board to allow the
33board to receive the 60 percent federal matching funds for eligible
34victim services and allowable
expenses.
35(h) For purposes of this section, a trauma recovery center
36provides, including, but not limited to, all of the following
37resources, treatments, and recovery services to crime victims:
38(1) Mental health services.
39(2) Assertive community-based outreach and clinical case
40management.
P28 1(3) Coordination of care among medical and mental health care
2providers, law enforcement agencies, and other social services.
3(4) Services to family members and loved ones of homicide
4victims.
5(5) A multidisciplinary staff of clinicians that includes
6psychiatrists,
psychologists, and social workers.
Section 13964 of the
Government Code is amended
9to read:
(a) Claims under this chapter shall be paid from the
11Restitution Fund.
12(b) Notwithstanding Section 13340, except for funds to support
13trauma recovery center grants pursuant to Section 13963.1, the
14proceeds in the Restitution Fund are hereby continuously
15appropriated to the board, without regard to fiscal years, for the
16purposes of this chapter. However, the funds appropriated pursuant
17to this section for administrative costs of the board shall be subject
18to annual review through the State Budget process.
19(c) A sum not to exceed 15 percent of the amount appropriated
20annually to pay
claims pursuant to this chapter may be withdrawn
21from the Restitution Fund, to be used as a revolving fund by the
22board for the payment of emergency awards pursuant to Section
2313961.
Section 14615.1 of the Government Code is amended
26to read:
(a) Where the Legislature directs or authorizes the
28department to maintain, develop, or prescribe processes,
29procedures, or policies in connection with the administration of
30its duties under this chapter, Chapter 2 (commencing with Section
3114650), Section 6611 of the Public Contract Code, or Part 2
32(commencing with Section 10100) of Division 2 of the Public
33Contract Code, the action by the department shall be exempt from
34the Administrative Procedure Act (Chapter 3.5 (commencing with
35Section 11340), Chapter 4 (commencing with Section 11370),
36Chapter 4.5 (commencing with Section 11400), and Chapter 5
37(commencing with Section 11500)). This section shall apply to
38actions taken by the department with respect to the State
39Administrative
Manual and the State Contracting Manual.
P29 1(b) To the extent permitted by the United States and California
2Constitutions, subdivision (a) also applies to actions taken by the
3department prior to January 1, 1999, with respect to competitive
4procurement in the State Administrative Manual and the State
5Contracting Manual.
Chapter 9 (commencing with Section 14930) is added
8to Part 5.5 of Division 3 of Title 2 of the Government Code, to
9read:
10
This chapter shall be known and may be cited as the
15Golden State Financial Marketplace Program or GS $Mart
16Program.
The department is authorized to structure, administer,
18and maintain the GS $Mart Program, the state’s centralized
19financing program available for state agencies to finance certain
20goods and services as set forth in this chapter.
(a) Notwithstanding any other law, state agencies that
22are statutorily authorized to acquire assets listed in subdivision (b)
23are hereby eligible to apply to the GS $Mart Program to enter into
24agreements for financing those assets without further competitive
25bidding.
26(b) (1) Assets eligible for financing pursuant to the GS $Mart
27Program include all of the following:
28(A) Energy efficiency measures as described in Section 4217.11
29or energy savings contracts as described in Section 388 of the
30Public Utilities Code.
31(B) Goods as defined in Section 10290 of the Public Contract
32Code.
33(C) Services as described in Section 10335 of the Public
34Contract Code.
35(D) Technology goods or services as described in Section 11532
36or information technology as defined in paragraph (2) that are
37capital assets eligible for tax exempt financing consistent with the
38Internal Revenue Code as confirmed by an opinion of bond
39counsel, as described in paragraph (3) of subdivision (a) of Section
4014936.
P30 1(2) Information technology includes, but is not limited to, all
2electronic technology systems and services, automated information
3handling, system design and analysis, conversion of data, computer
4programming, information storage and retrieval,
5telecommunications,
including voice, video, and data
6communications, requisite system controls, simulation, electronic
7commerce, and all related interactions between people and
8
machines.
9(c) State agencies may refinance any eligible asset through the
10GS $Mart Program for the purpose of lowering financing costs or
11consolidating payments, or when refinancing will achieve an
12overall benefit and cost savings to the state.
13(d) The department shall annually provide a report by September
141 of each year to the Joint Legislative Budget Committee, the State
15Treasurer’s Office, and the Department of Finance that shall
16include, but not be limited to, the following information for each
17loan entered into during the preceding fiscal year:
18(1) Each agency that entered into a GS Mart loan.
19(2) The amount financed by each loan.
20(3) The term of each loan.
21(4) A description of the item, good, or service financed by each
22loan.
23(5) The total amount of outstanding GS $Mart loans.
(a) The department shall develop a financing process
25that requires, but shall not be limited to, all of the following:
26(1) Confirmation that the term of financing shall be limited to
27the average expected economic life of the asset or assets.
28(2) Certification that the asset or assets to be financed are
29eligible under Section 14934.
30(3) A submission of an opinion of counsel from an independent
31law firm of recognized standing in the field of law relating to the
32exemption from federal income taxation on state or local bonds
33confirming that the
assets subject to the financing qualify for tax
34exempt financing consistent with the Internal Revenue Code.
35(4) The preparation and submission of payment schedules to
36the Controller for use by the Controller in transferring funds
37appropriated in the annual Budget Act to the state agency for
38payments due under the financing program.
P31 1(5) Prior approval by the Department of Finance and prior
2approval of the terms and conditions of the financing by the
3Treasurer for each financing over $10,000,000.
4(b) The Controller may direct the transfer of funds according
5to the schedule or schedules submitted by the department pursuant
6to the GS $Mart Program.
7(c) The department, in
consultation with the Department of
8Finance, shall be responsible for the continued development and
9administration of, at a minimum, financing applications,
10instructions, and application approval pursuant to the GS $Mart
11Program.
As used in this chapter, “state agency” or “state
13agencies” means every state office, officer, department, division,
14bureau, board, and commission and the California State University
15and the Regents of the University of California.
Section 15251 of the Government Code is amended
18to read:
Unless the context requires otherwise, as used in this
20part, the following terms shall have the following meanings:
21(a) “Division” means the Public Safety Communications
22Division established by this part.
23(b) “Office” means the Office of Emergency Services.
Section 15253 of the Government Code is amended
26to read:
This part shall apply only to those communications
28facilities which are owned and operated by public agencies in
29connection with official business of law enforcement services, fire
30services, natural resources services, agricultural services, and
31highway maintenance and control of the state or of cities, counties,
32and other political subdivisions in this state. This part shall not be
33construed as conferring upon the office control of programs or
34broadcasts intended for the general public.
Section 15254 of the Government Code is amended
37to read:
Radio and other communications facilities owned or
39operated by the state and subject to the jurisdiction of the office
40shall not be used for political, sectarian, or propaganda purposes.
P32 1The facilities shall not be used for the purpose of broadcasts
2intended for the general public, except for fire, flood, frost, storm,
3catastrophe, and other warnings and information for the protection
4of the public safety as the office may
prescribe.
Section 15275 of the Government Code is amended
7to read:
The office may do all of the following:
9(a) Provide adequate representation of local and state
10governmental bodies and agencies before the Federal
11Communications Commission in matters affecting the state and
12its cities, counties, and other public agencies regarding public
13safety communications issues.
14(b) Provide, upon request, adequate advice to state and local
15agencies in the state concerning existing or proposed public safety
16communications facilities between any and all of the following:
17cities, counties, other political subdivisions of the state, state
18departments, agencies, boards, and commissions, and departments,
19agencies, boards,
and commissions of other states and federal
20agencies.
21(c) Recommend to the appropriate state and local agencies rules,
22regulations, procedures, and methods of operation that it deems
23necessary to effectuate the most efficient and economical use of
24publicly owned and operated public safety communications
25facilities within this state.
26(d) Provide, upon request, information and data concerning the
27public safety communications facilities that are owned and operated
28by public agencies in connection with official business of public
29safety services.
30(e) Carry out the policy of this part.
Section 15277 of the Government Code is amended
33to read:
The Public Safety Communications Division is
35established within the office. The duties of the division shall
36include, but not be limited to, all of the following:
37(a) Assessing the overall long-range public safety
38communications needs and requirements of the state considering
39emergency operations, performance, cost, state-of-the-art
P33 1technology, multiuser availability, security, reliability, and other
2factors deemed to be important to state needs and requirements.
3(b) Developing strategic and tactical policies and plans for public
4safety communications with consideration for the systems and
5requirements of the state and all public agencies in this
state, and
6preparing an annual strategic communications plan that includes
7the feasibility of interfaces with federal and other state
8telecommunications networks and services.
9(c) Recommending industry standards for public safety
10communications systems to ensure multiuser availability and
11compatibility.
12(d) Providing advice and assistance in the selection of
13communications equipment to ensure that the public safety
14communications needs of state agencies are met and that
15procurements are compatible throughout state agencies and are
16consistent with the state’s strategic and tactical plans for public
17safety communications.
18(e) Providing management oversight of statewide public safety
19
communications systems developments.
20(f) Providing for coordination of, and comment on, plans,
21policies, and operational requirements from departments that utilize
22public safety communications in support of their principal function,
23such as the National Guard, health and safety agencies, and others
24with primary public safety communications programs.
25(g) Monitoring and participating on behalf of the state in the
26proceedings of federal and state regulatory agencies and in
27congressional and state legislative deliberations that have an impact
28on state government public safety communications activities.
29(h) Developing plans regarding teleconferencing as an
30alternative to state travel during emergency
situations.
31(i) Ensuring that all radio transmitting devices owned or operated
32by state agencies and departments are licensed, installed, and
33maintained in accordance with the requirements of federal law. A
34request for a federally required license for a state-owned radio
35transmitting device shall be sought only in the name of the “State
36of California.”
37(j) Acquiring, installing, equipping, maintaining, and operating
38new or existing public safety communications systems and facilities
39for public safety agencies. To accomplish that purpose, the division
40is authorized to enter into contracts, obtain licenses, acquire
P34 1property, install necessary equipment and facilities, and do other
2necessary acts to provide adequate and efficient public safety
3communications systems. Any systems
established shall be
4available to all public agencies in the state on terms that may be
5agreed upon by the public agency and the division.
6(k) Acquiring, installing, equipping, maintaining, and operating
7all new or replacement microwave communications systems
8operated by the state, except microwave equipment used
9exclusively for traffic signal and signing control, traffic metering,
10and roadway surveillance systems. To accomplish that purpose,
11the division is authorized to enter into contracts, obtain licenses,
12acquire property, install necessary equipment and facilities, and
13do other necessary acts to provide adequate and efficient
14microwave communications systems. Any system established shall
15be available to all public safety agencies in the state on terms that
16may be agreed upon by the public agency and the division.
17(l) This chapter shall not apply to Department of Justice
18communications operated pursuant to Chapter 2.5 (commencing
19with Section 15150) of Part 6.
Chapter 3 (commencing with Section 15278) is added
22to Part 6.5 of Division 3 of Title 2 of the Government Code, to
23read:
24
This chapter shall be known, and may be cited, as the
28Public Safety Communications Act of 2013.
For purposes of this chapter, unless the context requires
30otherwise, “director” means the Director of the Office of
31Emergency Services.
(a) There is in state government, within the Office of
33Emergency Services, the Public Safety Communications Division.
34(b) The Public Safety Communications Division is under the
35supervision of a chief.
36(c) The purpose of this chapter is to transfer the services and
37responsibilities previously held by the Public Safety
38Communications Division within the California Technology
39Agency to the Office of Emergency Services.
P35 1(d) Unless the context clearly requires otherwise, the Office of
2Emergency Services and the Director of the Office of Emergency
3Services
succeed to and are vested with all the duties, powers,
4
purposes, responsibilities, and jurisdiction vested in the former
5Public Safety Communications Division within the California
6Technology Agency.
7(e) Unless the context clearly requires otherwise, whenever the
8“Public Safety Communications Division within the California
9Technology Agency” or the “Public Safety Communications
10Division of the California Technology Agency” is referenced in
11any statute, regulation, or contract, it shall be construed to refer to
12the Public Safety Communications Division within the Office of
13Emergency Services.
14(f) All employees serving in state civil service, other than
15temporary employees, who are engaged in the performance of
16functions transferred to the Office of Emergency Services, are
17transferred to the Office of Emergency
Services. The status,
18positions, and rights of those persons shall not be affected by their
19transfer and shall continue to be retained by them pursuant to the
20State Civil Service Act (Part 2 (commencing with Section 18500)
21of Division 5), except as to positions the duties of which are vested
22in a position exempt from civil service. The personnel records of
23all transferred employees shall be transferred to the Office of
24Emergency Services.
25(g) The property of any office, agency, or department related
26to functions transferred to the Office of Emergency Services is
27transferred to the Office of Emergency Services. If any doubt arises
28as to where that property is transferred, the Department of General
29Services shall determine where the property is transferred.
The Chief of the Public Safety Communications
31Division shall be responsible for managing the affairs of the Public
32Safety Communications Division and shall perform all duties,
33exercise all powers and jurisdiction, and assume and discharge all
34responsibilities necessary to carry out the responsibilities of the
35Public Safety Communications Division. The Office of Emergency
36Services shall employ professional, clerical, technical, and
37administrative personnel as necessary to carry out this chapter.
The Director of the Office of Emergency Services shall
39establish rates for the Office of Emergency Services’ Public Safety
P36 1Communications Division’s services based on a formal rate
2methodology.
Section 18662 of the Government Code is repealed.
Section 18662 is added to the
Government Code, to
7read:
(a) The board shall determine the total annual cost
9associated with the board’s audit authority. The board shall recover
10costs by billing appointing authorities in accordance with
11subdivision (b).
12(b) (1) Except as specified in paragraph (2), an appointing
13authority shall be charged annually a proportional share of audit
14costs, based on criteria determined by the board.
15(2) An appointing authority may elect to be charged for costs
16in arrears incurred by the board for auditing the appointing
17authority’s personnel practices. Charges in arrears shall be on a
18basis as determined by the
board. An election pursuant to this
19paragraph shall be made only within a period determined by the
20board.
21(c) The board shall also determine the costs associated with any
22special investigations conducted by the board. The board shall
23recover those costs by charging an appointing authority in arrears,
24on a basis as determined by the board, for any special investigation
25conducted by the board.
26(d) Pursuant to Section 11255, the Controller shall transfer to
27the board any moneys owed to the board by any appointing
28authority for charges due under this section.
29(e) On or before October 1, 2014, and every October 1 thereafter,
30the board shall report to the Chairperson of the Joint Legislative
31Budget Committee the audit
and special investigation activities of
32the board pursuant to this article from the preceding fiscal year.
33The board shall include in the report the following information:
34(1) A summary of each audit and special investigation, including
35findings.
36(2) The number and total cost of audits and special
37investigations, by department.
Section 18671.2 of the
Government Code is amended
40to read:
(a) The board shall determine the total cost to the
2state of maintaining and operating the hearing office of the board,
3in advance or upon any other basis as it may determine, utilizing
4information from the state agencies for which services are provided
5by the hearing office.
6(b) The board shall be reimbursed for the entire cost of hearings
7conducted by the hearing office pursuant to statutes administered
8by the board, or by interagency agreement. The board may bill the
9appropriate state agencies for the costs incurred in conducting
10hearings involving employees of those state agencies, and
11employees of the California State University pursuant to
Sections
1289535 to 89542, inclusive, of the Education Code, and may bill
13the state departments having responsibility for the overall
14administration of grant-in-aid programs for the costs incurred in
15conducting hearings involving employees not administering their
16own merit systems pursuant to Chapter 1 (commencing with
17Section 19800) of Part 2.5. All costs collected by the board
18pursuant to this section shall be used only for purposes of
19maintaining and operating the hearing office of the board.
20(c) Pursuant to Section 11255, the Controller shall transfer to
21the board, pursuant to Section 18675, any moneys owed to the
22board by any state agency or department for charges determined
23by the board as specified in subdivisions (a) and (b).
Article 8 (commencing with Section 19210) is added
26to
Chapter 5 of Part 2 of Division 5 of Title 2 of the Government
27Code, to read:
28
(a) The department shall submit two reports to the Joint
32Legislative Budget Committee and the fiscal committees of the
33Legislature that review the use of additional appointments by state
34agencies, excluding state universities, for managers and supervisors
35by November 30, 2013, and for rank and file employees by
36November 30, 2014. At a minimum, the reports shall specify all
37of the following:
38(1) The number of additional appointments held by state
39employees at any time during 2013 who were exempt under the
40federal Fair Labor Standards Act.
P38 1(2) The actions the department took to verify whether these
2additionally
appointed employees’ duties were consistent with
3their exempt status, if applicable.
4(3) The total number of additional appointments that the
5department found as a result of its 2013 review, and, of this total,
6the number of additional appointments that were terminated or are
7otherwise no longer in use and the reasons for these decisions.
8(4) The number of additional appointments held by state
9employees whose primary appointment is or was in the same
10agency as the additional appointment and in the same division of
11the same agency as the additional appointment.
12(5) For each agency, the number of additional appointments
13held by its employees, the highest number of hours worked by an
14employee holding an additional appointment,
and the average
15number of hours worked per month per additional appointee.
16(b) As part of the 2015-16 budget proposal submitted to the
17Legislature in January 2015, the department shall propose
18legislation to establish the state’s policy regarding the use of
19additional appointments.
20(c) The report required under this section shall be submitted
21pursuant to Section 9795.
By November 30, 2013, the State Personnel Board shall
23submit a report to the Joint Legislative Budget Committee and the
24fiscal committees of the Legislature that review the policies and
25practices included in the Personnel Management Policy and
26Procedures Manual (PMPPM). At a minimum, the report shall
27include a summary of existing policies included in the PMPPM,
28the date of each policy’s adoption, the agency responsible for
29enforcement of the policy, and, if a policy is no longer in use, the
30date of and reasons for discontinuing that policy. The report
31required under this section shall be submitted pursuant to Section
329795.
This article shall remain in effect only until November
3430, 2017, and as of that date is repealed, unless a later enacted
35statute, that is enacted before November 30, 2017, deletes or
36extends that date.
Section 23025 of the Government Code is amended
39to read:
In order to comply with the Americans with Disabilities
2Act (42 U.S.C. Sec. 12101 et seq.) and other applicable federal
3provisions, a county, whether general law or chartered, which
4provides any emergency services, is encouraged to provide deaf
5teletype equipment at a central location within the county to relay
6requests for such emergency services.
Section 25008 of the Government
Code is amended
8to read:
Members may be allowed their actual expenses in going
10to, attendance upon, and returning from state association meetings
11and their actual and necessary traveling expenses when traveling
12outside their counties on official business. Reimbursement for
13these expenses is subject to Sections 53232.2 and 53232.3.
Section 50021 is added to the Government Code, to
15read:
Notwithstanding any other law, any statute enacted
17prior to the effective date of the act that added this section, that
18requires that a governing board member of a local agency receive
19compensation or be reimbursed for expenses for services as a board
20member, shall, instead be construed to confer upon the local agency
21the discretion to authorize, by ordinance or resolution,
22compensation or reimbursement as otherwise set forth in the statute.
Section 53108.5 of the
Government Code is amended
25to read:
“Division,” as used in this article, means the Office
27of Emergency Services.
Section 53114.1 of the
Government Code is amended
30to read:
To accomplish the responsibilities specified in this
32article, the division is directed to consult at regular intervals with
33the State Fire Marshal, the State Department of Public Health, the
34Office of Traffic Safety, a local representative from a city, a local
35representative from a county, the public utilities in this state
36providing telephone service, the Association of Public-Safety
37Communications Officials, the Emergency Medical Services
38Authority, the Department of the California Highway Patrol, and
39the Department of Forestry and Fire Protection. These agencies
P40 1shall provide all necessary assistance and consultation to the
2division to enable it to perform its duties specified in this article.
Section 53115.1 of the
Government Code is amended
5to read:
(a) There is in state government the State 911
7Advisory Board.
8(b) The advisory board shall be comprised of the following
9members appointed by the Governor who shall serve at the pleasure
10of the Governor.
11(1) The Chief of the Public Safety Communications Division
12shall serve as the nonvoting chair of the board.
13(2) One representative from the Department of the California
14Highway Patrol.
15(3) Two representatives on the recommendation of the California
16Police Chiefs Association.
17(4) Two representatives on the recommendation of the California
18State Sheriffs’ Association.
19(5) Two representatives on the recommendation of the California
20Fire Chiefs Association.
21(6) Two representatives on the recommendation of the CalNENA
22Executive Board.
23(7) One representative on the joint recommendation of the
24executive boards of the state chapters of the Association of
25Public-Safety Communications Officials-International, Inc.
26(c) Recommending authorities shall give great weight and
27consideration to the knowledge, training, and expertise of the
28appointee with respect to their experience
within the California
29911 system. Board members should have at least two years of
30experience as a Public Safety Answering Point (PSAP) manager
31or county coordinator, except where a specific person is designated
32as a member.
33(d) Members of the advisory board shall serve at the pleasure
34of the Governor, but may not serve more than two consecutive
35two-year terms, except as follows:
36(1) The presiding Chief of the Public Safety Communications
37Division shall serve for the duration of his or her tenure.
38(2) Four of the members shall serve an initial term of three years.
P41 1(e) Advisory board members shall not receive compensation
2for their service on the
board, but may be reimbursed for travel
3and per diem for time spent in attending meetings of the board.
4(f) The advisory board shall meet quarterly in public sessions
5in accordance with the Bagley-Keene Open Meeting Act (Article
69 (commencing with Section 11120) of Chapter 2 of Part 1 of
7Division 3 of Title 2). The division shall provide administrative
8support to the State 911 Advisory Board. The State 911 Advisory
9Board, at its first meeting, shall adopt bylaws and operating
10procedures consistent with this article and establish committees
11as necessary.
12(g) Notwithstanding any other provision of law, any member
13of the advisory board may designate a person to act as that member
14in his or her place and stead for all purposes, as though the member
15were personally
present.
Section 53126.5 of the
Government Code is amended
18to read:
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 the
Office of Emergency
31Services.
Section 6060 of the Harbors and Navigation Code is
33amended to read:
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
40commissioners may be allowed any actual and necessary expenses
P42 1incurred in the performance of their duties. Reimbursement for
2these expenses is subject to Sections 53232.2 and 53232.3 of the
3
Government Code.
Section 7047 of the Harbors and Navigation Code is
5amended to read:
Each director may receive a sum as may be fixed by the
7board, not exceeding fifty dollars ($50) for each meeting of the
8board attended by him or her, for not exceeding four meetings in
9any calendar month. A director may also receive traveling and
10other expenses incurred by him or her when performing duties for
11the district other than attending board meetings. For purposes of
12this section, the determination of whether a director’s activities on
13any specific day are compensable shall be made pursuant to Article
142.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
15Division 2 of Title 5 of the Government
Code. Reimbursement for
16these expenses is subject to Sections 53232.2 and 53232.3 of the
17Government Code.
Section 2851 of the Health and Safety Code is
19amended to read:
The members of the district board shall hold office at
21the pleasure of the board of supervisors. They shall serve without
22compensation, but may be allowed their necessary traveling and
23other expenses incurred in performance of their official duties. In
24lieu of expenses, the district board may, by resolution, provide for
25the allowance and payment to each member of the board of a sum
26not exceeding one hundred dollars ($100) as expenses incurred in
27attending each business meeting of the board. Reimbursement for
28these expenses is subject to Sections 53232.2 and 53232.3 of the
29Government
Code.
Section 4733 of the Health and Safety Code is
31amended to read:
(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
39calendar month. The board may also authorize reimbursement for
40any expenses incident thereto.
P43 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.
Section 6489 of the Health and Safety Code is
13amended to read:
(a) Subject to subdivision (b), each of the members of
15the board may receive compensation in an amount not to exceed
16one hundred dollars ($100) per day for each day’s attendance at
17meetings of the board or for each day’s service rendered as a
18director by request of the board, not exceeding a total of six days
19in any calendar month. The board may also authorize
20reimbursement for any
expenses incident thereto.
21(b) The district board, by ordinance adopted pursuant to Chapter
222 (commencing with Section 20200) of Division 10 of the Water
23Code, may increase the compensation received by board members
24above the amount of one hundred dollars ($100) per day.
25(c) The secretary of the sanitary board shall receive
26compensation to be set by the sanitary district board, which
27compensation shall be in lieu of any other compensation to which
28he or she may be entitled by reason of attendance at the meeting
29or meetings of the sanitary board.
30(d) For purposes of this section, the determination of whether
31a director’s activities on any specific day are compensable shall
32be made pursuant to Article 2.3 (commencing with Section 53232)
33of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
34Code.
35(e) Reimbursement for these expenses is subject to Sections
3653232.2 and 53232.3 of the Government Code.
Section 32103 of the Health and Safety Code is
38amended to read:
The board of directors shall serve without compensation
40except that the board of directors, by a resolution adopted by a
P44 1majority vote of the members of the board, may authorize the
2payment of not to exceed one hundred dollars ($100) per meeting
3not to exceed five meetings a month as compensation to each
4member of the board of directors.
5Each member of the board of directors may be allowed his or
6her actual necessary traveling and incidental expenses incurred in
7the performance of official business of the district as approved by
8the board. For purposes of this section,
the determination of
9whether a director’s activities on any specific day are compensable
10shall be made pursuant to Article 2.3 (commencing with Section
1153232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
12Government Code. Reimbursement for these expenses is subject
13to Sections 53232.2 and 53232.3 of the Government Code.
Section 10089.7 of the Insurance Code is amended
16to read:
(a) The authority shall be governed by a
18three-member governing board consisting of the Governor, the
19Treasurer, and the Insurance Commissioner, each of whom may
20name designees to serve as board members in their place. The
21Speaker of the Assembly and the Chairperson of the Senate
22Committee on Rules shall serve as nonvoting, ex officio members
23of the board, and may name designees to serve in their place.
24(b) The board shall be advised by an advisory panel whose
25members shall be appointed by the Governor, except as provided
26in this subdivision. The advisory panel shall consist of four
27members who represent insurance companies that are licensed to
28transact fire insurance in the
state, two of whom shall be appointed
29by the commissioner, two licensed insurance agents, one of whom
30shall be appointed by the commissioner, and three members of the
31public not connected with the insurance industry, at least one of
32whom shall be a consumer representative. In addition, the Speaker
33of the Assembly, and the Chairperson of the Senate Committee
34on Rules may each appoint one member of the public not connected
35with the insurance industry. Panel members shall serve for
36four-year terms, which may be staggered for administrative
37convenience, and panel members may be reappointed. The
38commissioner shall be a nonvoting, ex officio member of the panel
39and shall be entitled to attend all panel meetings, either in person
40or by representative.
P45 1(c) The board shall have the power to conduct the affairs of the
2authority and may
perform all acts necessary or convenient in the
3exercise of that power. Without limitation, the board may: (1)
4employ or contract with officers and employees to administer the
5authority; (2) retain outside actuarial, geological, and other
6professionals; (3) enter into other obligations relating to the
7operation of the authority; (4) invest the moneys in the California
8Earthquake Authority Fund; (5) obtain reinsurance and financing
9for the authority as authorized by this chapter; (6) contract with
10participating insurers to service the policies of basic residential
11earthquake insurance issued by the authority; (7) issue bonds
12payable from and secured by a pledge of the authority of all or any
13part of the revenues of the authority to finance the activities
14authorized by this chapter and sell those bonds at public or private
15sale in the form and on those terms and conditions as the Treasurer
16shall approve;
(8) pledge all or any part of the revenues of the
17authority to secure bonds and any repayment or reimbursement
18obligations of the authority to any provider of insurance or a
19guarantee of liquidity or credit facility entered into to provide for
20the payment of debt service on any bond of the authority; (9)
21
employ and compensate bond counsel, financial consultants, and
22other advisers determined necessary by the Treasurer in connection
23with the issuance and sale of any bonds; (10) issue or obtain from
24any department or agency of the United States or of this state, or
25any private company, any insurance or guarantee of liquidity or
26credit facility determined to be appropriate by the Treasurer to
27provide for the payment of debt service on any bond of the
28authority; (11) engage the commissioner to collect revenues of the
29authority; (12) issue bonds to refund or purchase or otherwise
30acquire bonds on terms and conditions as the Treasurer shall
31approve; and (13) perform all acts that relate to the function and
32purpose of the authority, whether or not specifically designated in
33this chapter.
34(d) The authority shall reimburse board and
panel members for
35their reasonable expenses incurred in attending meetings and
36conducting the business of the authority.
37(e) (1) There shall be a limited civil immunity and no criminal
38liability in a private capacity, on account of any act performed or
39omitted or obligation entered into an official capacity, when done
40or omitted in good faith and without intent to defraud, on the part
P46 1of the board, the panel, or any member of either, or on the part of
2any officer, employee, or agent of the authority. This provision
3shall not eliminate or reduce the responsibility of the authority
4under the covenant of good faith and fair dealing.
5(2) In any claim against the authority based upon an earthquake
6policy issued by the authority, the authority shall be liable for any
7damages,
including damages under Section 3294 of the Civil Code,
8for a breach of the covenant of good faith and fair dealing by the
9authority or its agents.
10(3) In any claim based upon an earthquake policy issued by the
11authority, the participating carrier shall be liable for any damages
12for a breach of a common law, regulatory, or statutory duty as if
13it were a contracting insurer. The authority shall indemnify the
14participating carrier from any liability resulting from the authority’s
15actions or directives. The board shall not indemnify a participating
16carrier for any loss resulting from failure to comply with directives
17of the authority or from violating statutory, regulatory, or common
18law governing claims handling practices.
19(4) A licensed insurer, its officers, directors, employees, or
20agents,
shall not have any antitrust civil or criminal liability under
21the Cartwright Act (Part 2 (commencing with Section 16600) of
22Division 7 of the Business and Professions Code) by reason of its
23activities conducted in compliance with this chapter. Further, the
24California Earthquake Authority shall be deemed a joint
25arrangement established by statute to ensure the availability of
26insurance pursuant to subdivision (b) of Section 1861.03.
27(5) Subject to Section 10089.21, this chapter shall not be
28construed to limit any exercise of the commissioner’s power,
29including enforcement and disciplinary actions, or the imposition
30of fines and orders to ensure compliance with this chapter, the
31rules and guidelines of the authority, or any other law or rule
32applicable to the business of insurance.
33(6) Except as provided in paragraph (3) and by any other
34provision of this chapter, liability on the part of, and a cause of
35action, shall not be permitted in law or equity against, any
36participating insurer for any earthquake loss to property for which
37the authority has issued a policy unless the loss is covered by an
38insurance policy issued by the participating insurer. A policy issued
39by the authority shall not be deemed to be a policy issued by a
40participating insurer.
P47 1(f) The Attorney General, in his or her discretion, shall provide
2a representative of his or her office to attend and act as antitrust
3counsel at all meetings of the panel. The Attorney General shall
4be compensated for legal service rendered in the manner specified
5in Section 11044 of the Government Code.
6(g) The authority may sue or be sued and may employ or
7contract with that staff and those professionals the board deems
8necessary for its efficient administration.
9(h) (1) The authority may contract for the services of a chief
10
executive officer, a chief financial officer, a chief mitigation
11officer, and an operations manager, and may contract for the
12services of reinsurance intermediaries, financial market
13underwriters, modeling firms, a computer firm, an actuary, an
14insurance claims consultant, counsel, and private money managers.
15These contracts shall not be subject to otherwise applicable
16provisions of the Government Code and the Public Contract Code,
17and for those purposes, the authority shall not be considered a state
18agency or other public entity. Other employees of the authority
19shall be subject to civil service provisions.
20(2) When the authority hires multiple private money managers
21to manage the assets of the California Earthquake Authority Fund,
22other than the primary custodian of the securities, the authority
23shall consider small
California-based firms who are qualified to
24manage the money in the fund. The purpose of this provision is to
25prevent the exclusion of small qualified investment firms solely
26because of their size.
27(i) Members of the board and panel, and their designees, and
28the chief executive officer, the chief financial officer, the chief
29mitigation officer, and the operations manager of the authority
30shall be required to file financial disclosure statements with the
31Fair Political Practices Commission. The appointing authorities
32for members and designees of the board and panel shall, when
33making appointments, avoid appointing persons with conflicts of
34interest. Section 87406 of the Government Code, the Milton Marks
35Postgovernment Employment Restrictions Act of 1990, shall apply
36to the authority. Members of the board, the chief financial officer,
37the
chief executive officer, the chief operations manager, the chief
38counsel, and any other person designated by the authority shall be
39deemed to be designated employees for the purpose of that act. In
40addition, no member of the board, nor the chief financial officer,
P48 1the chief executive officer, the chief operations manager, and the
2chief counsel, shall, upon leaving the employment of the authority,
3seek, accept, or enter into employment or a consulting or other
4contractual arrangement for the period of one year with any
5employer or entity that entered into a participating agreement, or
6a reinsurance, bonding, letter of credit, or private capital markets
7contract with the authority during the time the employee was
8employed by the authority, which that member or employee had
9negotiated or approved, or participated in negotiating. A violation
10of these provisions shall be subject to enforcement pursuant to
11Chapter
11 (commencing with Section 91000) of Title 9 of the
12Government Code.
13(j) The board shall establish the duties of, and give direction to,
14the chief mitigation officer, to support and enhance the authority’s
15appropriate efforts to create and maintain all of the following:
16(1) Program activities that mitigate against seismic risks, for
17the benefit of homeowners, other property owners, including
18landlords with smaller holdings, and the general public of the state.
19(2) Collaboration with academic institutions, nonprofit entities,
20and commercial business entities in joint efforts to conduct
21mitigation-related research and educational activities, and conduct
22program activities to mitigate against seismic risk.
23(3) Programs to provide financial assistance in the form of loans,
24grants, credits, rebates, or other financial incentives to further
25efforts to mitigate against seismic risk, including, but not limited
26
to, structural and contents retrofitting of residential structures.
27(4) Collaborations and joint programs with subdivisions and
28programs of local, state, and federal governments and with other
29national programs that may further California’s disaster
30preparedness, protection, and mitigation goals.
31(5) Other programs, support efforts, and activities deemed
32appropriate by the board to further the authority’s appropriate
33mitigation and mitigation-related goals.
34(k) The authority may accept grants and gifts of property, real
35or personal, tangible and intangible, and services for the Earthquake
36Loss Mitigation Fund, created pursuant to Section 10089.37, or
37the related residential retrofit program from federal,
state, and local
38government sources and private sources.
39(l) The Bagley-Keene Open Meeting Act (Article 9
40(commencing with Section 11120) of Chapter 1 of Part 1 of
P49 1Division 3 of Title 2 of the Government Code) applies to meetings
2of the board and the panel.
Section 62.5 of the Labor Code is amended to read:
(a) (1) The Workers’ Compensation Administration
6Revolving Fund is hereby created as a special account in the State
7Treasury. Money in the fund may be expended by the department,
8upon appropriation by the Legislature, for all of the following
9purposes, and may not be used or borrowed for any other purpose:
10(A) For the administration of the workers’ compensation
11program set forth in this division and Division 4 (commencing
12with Section 3200), other than the activities financed pursuant to
13paragraph (2) of subdivision (a) of Section 3702.5.
14(B) For the Return-to-Work Program set forth in Section 139.48.
15(C) For the enforcement of the insurance coverage program
16established and maintained by the Labor Commissioner pursuant
17to Section 90.3.
18(2) The fund shall consist of surcharges made pursuant to
19paragraph (1) of subdivision (f).
20(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
21created as a special trust fund account in the State Treasury, of
22which the director is trustee, and its sources of funds are as
23provided in paragraph (1) of subdivision (f). Notwithstanding
24Section 13340 of the Government Code, the fund is continuously
25appropriated for the payment of nonadministrative expenses of the
26workers’ compensation program for workers injured while
27employed by uninsured employers in
accordance with Article 2
28(commencing with Section 3710) of Chapter 4 of Part 1 of Division
294, and shall not be used for any other purpose. All moneys collected
30shall be retained in the trust fund until paid as benefits to workers
31injured while employed by uninsured employers.
32Nonadministrative expenses include audits and reports of services
33prepared pursuant to subdivision (b) of Section 3716.1. The
34surcharge amount for this fund shall be stated separately.
35(2) Notwithstanding any other provision of law, all references
36to the Uninsured Employers Fund shall mean the Uninsured
37Employers Benefits Trust Fund.
38(3) Notwithstanding paragraph (1), in the event that budgetary
39restrictions or impasse prevent the timely payment of administrative
40expenses from the Workers’
Compensation Administration
P50 1Revolving Fund, those expenses shall be advanced from the
2Uninsured Employers Benefits Trust Fund. Expense advances
3made pursuant to this paragraph shall be reimbursed in full to the
4Uninsured Employers Benefits Trust Fund upon enactment of the
5annual Budget Act.
6(4) Any moneys from penalties collected pursuant to Section
73722 as a result of the insurance coverage program established
8under Section 90.3 shall be deposited in the State Treasury to the
9credit of the Workers’ Compensation Administration Revolving
10Fund created under this section, to cover expenses incurred by the
11director under the insurance coverage program. The amount of
12any penalties in excess of payment of administrative expenses
13incurred by the director for the insurance coverage program
14established under Section 90.3 shall be deposited in the
State
15Treasury to the credit of the Uninsured Employers Benefits Trust
16Fund for nonadministrative expenses, as prescribed in paragraph
17(1), and notwithstanding paragraph (1), shall only be available
18upon appropriation by the Legislature.
19(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
20created as a special trust fund account in the State Treasury, of
21which the director is trustee, and its sources of funds are as
22provided in paragraph (1) of subdivision (f). Notwithstanding
23Section 13340 of the Government Code, the fund is continuously
24appropriated for the nonadministrative expenses of the workers’
25compensation program for workers who have suffered serious
26injury and who are suffering from previous and serious permanent
27disabilities or physical impairments, in accordance with Article 5
28(commencing
with Section 4751) of Chapter 2 of Part 2 of Division
294, and Section 4 of Article XIV of the California Constitution, and
30shall not be used for any other purpose. All moneys collected shall
31be retained in the trust fund until paid as benefits to workers who
32have suffered serious injury and who are suffering from previous
33and serious permanent disabilities or physical impairments.
34Nonadministrative expenses include audits and reports of services
35pursuant to subdivision (c) of Section 4755. The surcharge amount
36
for this fund shall be stated separately.
37(2) Notwithstanding any other law, all references to the
38Subsequent Injuries Fund shall mean the Subsequent Injuries
39Benefits Trust Fund.
P51 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
5Subsequent Injuries Benefits Trust Fund. Expense advances made
6pursuant to this paragraph shall be reimbursed in full to the
7Subsequent Injuries Benefits Trust Fund upon enactment of the
8annual Budget Act.
9(d) (1) The Occupational Safety and Health Fund is hereby
10created
as a special account in the State Treasury. Moneys in the
11account may be expended by the department, upon appropriation
12by the Legislature, for support of the Division of Occupational
13Safety and Health, the Occupational Safety and Health Standards
14Board, and the Occupational Safety and Health Appeals Board,
15and the activities these entities perform as set forth in this division,
16and Division 5 (commencing with Section 6300).
17(2) On and after the effective date of the act amending this
18section to add this paragraph in the 2013-14 Regular Session of
19the Legislature, any moneys in the Cal-OSHA Targeted Inspection
20and Consultation Fund and any assets, liabilities, revenues,
21expenditures, and encumbrances of that fund, less five million
22dollars ($5,000,000), shall be transferred to the Occupational Safety
23and Health Fund. On June 30, 2014, the
remaining five million
24dollars ($5,000,000) in the Cal-OSHA Targeted Inspection and
25Consultation Fund, or any remaining balance in that fund, shall
26be transferred to, and become part of, the Occupational Safety and
27Health Fund.
28(e) The Labor Enforcement and Compliance Fund is hereby
29created as a special account in the State Treasury. Moneys in the
30fund may be expended by the department, upon appropriation by
31the Legislature, for the support of the activities that the Division
32of Labor Standards Enforcement performs pursuant to this division
33and Division 2 (commencing with Section 200), Division 3
34(commencing with Section 2700), and Division 4 (commencing
35with Section 3200). The fund shall consist of surcharges imposed
36pursuant to paragraph (3) of subdivision (f).
37(f) (1) Separate surcharges shall be levied by the director upon
38all employers, as defined in Section 3300, for purposes of deposit
39in the Workers’ Compensation Administration Revolving Fund,
40the Uninsured Employers Benefits Trust Fund, the Subsequent
P52 1Injuries Benefits Trust Fund, and the Occupational Safety and
2Health Fund. The total amount of the surcharges shall be allocated
3between self-insured employers and insured employers in
4proportion to payroll respectively paid in the most recent year for
5which payroll information is available. The director shall adopt
6reasonable regulations governing the manner of collection of the
7surcharges. The regulations shall require the surcharges to be paid
8by self-insurers to be expressed as a percentage of indemnity paid
9during the most recent year for which information is available,
10and the surcharges to be paid by insured employers to be
expressed
11as a percentage of premium. In no event shall the surcharges paid
12by insured employers be considered a premium for computation
13of a gross premium tax or agents’ commission. In no event shall
14the total amount of the surcharges paid by insured and self-insured
15employers exceed the amounts reasonably necessary to carry out
16the purposes of this section.
17(2) The surcharge levied by the director for the Occupational
18Safety and Health Fund, pursuant to paragraph (1), shall not
19generate revenues in excess of fifty-seven million dollars
20($57,000,000) on and after the 2013-14 fiscal year, adjusted for
21each fiscal year as appropriate to fund any increases in the
22appropriation as approved by the Legislature, and to reconcile any
23over/under assessments from previous fiscal years pursuant to
24Sections 15606 and 15609 of Title 8 of the California
Code of
25Regulations. For the 2013-14 fiscal year only, the revenue cap
26established in this paragraph shall be reduced by an amount
27equivalent to the balance transferred from the Cal-OSHA Targeted
28Inspection and Consultation Fund established in Section 62.7, less
29any amount of that balance loaned to the State Public Works
30Enforcement Fund, to the Occupational Safety and Health Fund
31pursuant to subdivision (d).
32(3) A separate surcharge shall be levied by the director upon all
33employers, as defined in Section 3300, for purposes of deposit in
34the Labor Enforcement and Compliance Fund. The total amount
35of the surcharges shall be allocated between employers in
36proportion to payroll respectively paid in the most recent year for
37which payroll information is available. The director shall adopt
38reasonable regulations governing the manner of
collection of the
39surcharges. In no event shall the total amount of the surcharges
P53 1paid by employers exceed the amounts reasonably necessary to
2carry out the purposes of this section.
3(4) The surcharge levied by the director for the Labor
4Enforcement and Compliance Fund shall not exceed
forty-six
5million dollars ($46,000,000) in the 2013-14 fiscal year, adjusted
6as appropriate to fund any increases in the appropriation as
7approved by the Legislature, and to reconcile any over/under
8assessments from previous fiscal years pursuant to Sections 15606
9and 15609 of Title 8 of the California Code of Regulations.
10(5) The regulations adopted pursuant to paragraph (1) to (4),
11inclusive, shall be exempt from the rulemaking provisions of the
12Administrative Procedure Act (Chapter 3.5 (commencing with
13Section 11340) of Part 1 of Division 3 of Title 2 of the Government
14Code).
Section 62.7 of the Labor Code is amended to read:
(a) The Cal-OSHA Targeted Inspection and Consultation
18Fund is hereby created as a special account in the State Treasury.
19Proceeds of the fund may be expended by the department, upon
20appropriation by the Legislature, for the costs of the Cal-OSHA
21targeted inspection program provided by Section 6314.1 and the
22costs of the Cal-OSHA targeted consultation program provided
23by subdivision (a) of Section 6354, and for costs related to
24assessments levied and collected pursuant to Section 62.9.
25(b) The fund shall consist of the assessments made pursuant to
26Section 62.9 and other moneys transferred to the fund.
27(c) This section shall become inoperative on June 30, 2014, and,
28as of January 1, 2015, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2015, deletes or
30extends the dates on which it becomes inoperative and is repealed.
Section 62.8 is added to the Labor Code, to read:
Five million dollars ($5,000,000) is hereby appropriated
34for transfer by the State Controller upon order of the Director of
35Finance from the Cal OSHA Targeted Inspection and Consultation
36Fund as a loan to the State Public Works Enforcement Fund. This
37loan shall be repaid to the Occupational Safety and Health Fund
38by June 30, 2015. This loan shall be repaid with interest calculated
39at the rate earned by the Pooled Money Investment Account at the
40time of the transfer.
Section 62.9 of the Labor Code is repealed.
Section 139.48 of the Labor Code is amended to read:
(a) There is in the department a return-to-work
6program administered by the director, funded by one hundred
7twenty million dollars ($120,000,000) annually derived from
8non-General Funds of the Workers’ Compensation Administration
9Revolving Fund, for the purpose of making supplemental payments
10to workers whose permanent disability benefits are
11disproportionately low in comparison to their earnings loss.
12
Moneys shall remain available for use by the return-to-work
13program without respect to the fiscal year.
14(b) Eligibility for payments and the amount of payments shall
15be determined by regulations adopted by the director, based on
16findings from studies conducted by the director in consultation
17with the Commission on Health and Safety and Workers’
18Compensation. Determinations of the director shall be subject to
19review at the trial level of the appeals board upon the same grounds
20as prescribed for petitions for reconsideration.
21(c) This section shall apply only to injuries sustained on or after
22January 1, 2013.
Section 1024 of the Labor Code is amended to read:
(a) It is the intent of the Legislature in enacting this
26section to provide for the prompt and effective enforcement of
27labor laws relating to the construction industry.
28(b) Before July 1, 2013, all civil penalties collected pursuant to
29this chapter shall be deposited in the Industrial Relations
30Construction Industry Enforcement Fund. All moneys in the fund
31shall be used for the purpose of enforcing this chapter, as
32appropriated by the Legislature.
33(c) On or after July 1, 2013, all civil penalties collected pursuant
34to this chapter shall be deposited in the Labor Enforcement and
35Compliance
Fund.
Section 1063.5 is added to the Labor Code, to read:
(a) This chapter shall apply to every contractor that
39provides food and beverage services at a publicly owned
40entertainment venue.
P55 1(b) For purposes of this chapter, and in addition to the definitions
2specified in Section 1060, the following terms shall also have the
3following 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.
Section 1771.3 of the Labor Code is amended to read:
(a) (1) The Department of Industrial Relations shall
25monitor and enforce compliance with applicable prevailing wage
26requirements for any public works project paid for in whole or
27part out of public funds, within the meaning of subdivision (b) of
28Section 1720, that are derived from bonds issued by the state, and
29shall charge each awarding body for the reasonable and directly
30related costs of monitoring and enforcing compliance with the
31prevailing wage requirements on each project.
32(2) (A) The State Public Works Enforcement Fund is hereby
33created as a special fund in the State Treasury. All moneys received
34by the department pursuant to this
section shall be deposited in
35the fund. Notwithstanding Section 13340 of the Government Code,
36all moneys in the fund shall be continuously appropriated to the
37Department of Industrial Relations, to monitor and enforce
38compliance with the applicable prevailing wage requirements on
39public works projects paid for in whole or part out of public funds,
40within the meaning of subdivision (b) of Section 1720, that are
P56 1derived from bonds issued by the state and other projects for which
2the department provides prevailing wage monitoring and
3enforcement activities and for which it is to be reimbursed by the
4awarding body, and shall not be used or borrowed for any other
5purpose.
6(B) Notwithstanding any other law, upon order of the Director
7of Finance, a loan in the amount of four million three hundred
8thousand dollars ($4,300,000) shall be
provided from the Uninsured
9Employers Benefit Trust Fund to the State Public Works
10Enforcement Fund to meet the startup needs of the Labor
11Compliance Monitoring Unit.
12(3) The Director of Industrial Relations shall adopt regulations
13implementing this section, specifying the activities, including, but
14not limited to, monthly review, and audit if appropriate, of payroll
15records, which the department will undertake to monitor and
16enforce compliance with applicable prevailing wage requirements
17on public works projects paid for in whole or part out of public
18funds, within the meaning of subdivision (b) of Section 1720, that
19are derived from bonds issued by the state. The department, with
20the approval of the Director of Finance, shall determine the rate,
21which the department may from time to time amend, that the
22department will charge to
recover the reasonable and directly
23related costs of performing the monitoring and enforcement
24services for public works
projects. The amount of bond funds
25utilized by an awarding body to pay the department’s fee shall not
26exceed one-fourth of 1 percent of the state bond proceeds used for
27the public works projects, 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 project.
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
P57 1may elect not to receive or expend amounts from bond proceeds
2to pay the costs of the project; however, that election does not
3relieve the awarding body from reimbursing the Department of
4Industrial Relations from other funding sources for monitoring
5and enforcing prevailing wage requirements on the project pursuant
6to this section or any other applicable provision of law. The
7department shall annually provide information, as specified in
8regulations, to assist an awarding body to reasonably estimate the
9annual cost of monitoring and enforcing compliance.
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.
Section 1771.5 of the Labor Code is amended to read:
(a) Notwithstanding Section 1771, an awarding body
40may choose not to require the payment of the general prevailing
P58 1rate of per diem wages or the general prevailing rate of per diem
2wages for holiday and overtime work for any public works project
3of twenty-five thousand dollars ($25,000) or less when the project
4is for construction work, or for any public works project of fifteen
5thousand dollars ($15,000) or less when the project is for alteration,
6demolition, repair, or maintenance work, if the awarding body
7elects to either:
8(1) Initiate and enforce a labor compliance program pursuant
9to subdivision (b) for every public works project under the authority
10of the awarding body as
described in subdivision (e).
11(2) Reimburse the Department of Industrial Relations for the
12cost of monitoring and enforcing compliance with prevailing wage
13requirements for every public works project of the awarding body
14as described in subdivision (f).
15(b) For purposes of this section, a labor compliance program
16shall include, but not be limited to, the following requirements:
17(1) All bid invitations and public works contracts shall contain
18appropriate language concerning the requirements of this chapter.
19(2) A prejob conference shall be conducted with the contractor
20and subcontractors to discuss federal and state labor law
21requirements applicable to the
contract.
22(3) Project contractors and subcontractors shall maintain and
23furnish, at a designated time, a certified copy of each weekly
24payroll containing a statement of compliance signed under penalty
25of perjury.
26(4) The awarding body shall review, and, if appropriate, audit
27payroll records to verify compliance with this chapter.
28(5) The awarding body shall withhold contract payments when
29payroll records are delinquent or inadequate.
30(6) The awarding body shall withhold contract payments equal
31to the amount of underpayment and applicable penalties when,
32after investigation, it is established that underpayment has occurred.
33(7) The awarding body shall comply with any other prevailing
34wage monitoring and enforcement activities that are required to
35be conducted by labor compliance programs by the Department
36of Industrial Relations.
37(c) For purposes of this chapter, “labor compliance program”
38means a labor compliance program that is approved, as specified
39in state regulations, by the Director of Industrial Relations.
P59 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) shall use the labor compliance
6program for all
contracts for public works projects awarded prior
7to the effective date of the regulations adopted by the department
8as specified in subdivision (g). For contracts for public works
9projects awarded on or after the effective date of regulations
10adopted by the department as specified in subdivision (g), the
11awarding body may also elect to continue operating an existing
12previously 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), shall, for all of its contracts for public
23works projects awarded on or after the effective date of the
24regulations adopted by the department as specified in subdivision
25(g) do all of the following:
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 awarding body’s projects.
36(g) The Department of Industrial Relations shall adopt
37regulations implementing this section specifying the activities that
38the department shall undertake to monitor and enforce compliance
39with the prevailing wage requirements on the public works projects,
P60 1including, but not limited to, monthly review, and audit if
2appropriate, of payroll records.
3(h) (1) The Department of Industrial Relations shall, in
4accordance with paragraphs (3) and (4) of subdivision (a) of
5Section 1771.3, determine the rate, which the department may
6from time to time amend, that the department will charge for
7reimbursement from an awarding body for the reasonable and
8directly related costs of performing the specified
monitoring and
9enforcement services for public works projects.
10(2) Notwithstanding paragraph (1), for public works projects
11paid for in whole or part out of public funds, within the meaning
12of subdivision (b) of Section 1720, that are derived from bonds
13issued by the state, the amount charged by the department shall
14not exceed one-fourth of 1 percent of the state bond proceeds used
15for the public works project, with any other remaining costs of
16monitoring and enforcing compliance to be paid by the awarding
17body from other funds authorized to be used to finance the project.
18(i) All amounts collected by the Department of Industrial
19Relations for its services pursuant to this section shall be deposited
20in the State Public Works Enforcement
Fund.
Section 7852 of the Labor Code is amended to read:
(a) It is the intent of the Legislature, in enacting this
24part, that the Occupational Safety and Health Standards Board and
25the Division of Occupational Health and Safety (OSHA) promote
26worker safety through implementation of training and process
27safety management practices in petroleum refineries and chemical
28plants and other facilities deemed appropriate.
29(b) To the maximum extent practicable, the board and the
30division shall minimize duplications with other state statutory
31programs and business reporting requirements when developing
32standards pursuant to Chapter 2 (commencing with Section 7855).
33(c) It is further the intent of the Legislature, in enacting this
34part, that in the interest of promoting worker safety, standards be
35adopted
by March 31, 2014.
Section 7856 of the Labor Code is amended to read:
By March 31, 2014, the board shall adopt process safety
39management standards for refineries, chemical plants, and other
40manufacturing facilities, as specified in Codes 28 (Chemical and
P61 1Allied Products) and 29 (Petroleum Refining and Related
2Industries) of the Manual of Standard Industrial Classification
3Codes, published by the United States Office of Management and
4Budget, 1987 Edition, that handle acutely hazardous material as
5defined in subdivision (a) of Section 25532 and subdivision (a) of
6Section 25536 of the Health and Safety Code and pose a significant
7likelihood of accident risk, as
determined by the board. Alternately,
8upon making a finding that there is a significant likelihood of risk
9to employees at a facility not included in Codes 28 and 29 resulting
10from the presence of acutely hazardous materials or explosives as
11identified in Part 172 (commencing with Section 172.1) of Title
1249 of the Code of Federal Regulations, the board may require that
13these facilities be subject to the jurisdiction of the standards
14provided for in this section. When adopting these standards, the
15board shall give priority to facilities and areas of facilities where
16the potential is greatest for preventing severe or catastrophic
17accidents because of the size or nature of the process or business.
18The standards adopted pursuant to this section shall require that
19injury prevention programs of employers subject to this part and
20implemented pursuant to Section 6401.7 include the requirements
21of
this part.
Section 7870 of the Labor Code is amended to read:
Notwithstanding the availability of federal funds to carry
25out the purposes of this part, the division shall annually fix and
26collect reasonable fees for consultation, inspection, adoption of
27standards, and other duties conducted pursuant to this part. The
28fees shall be adopted by March 31, 2014. All revenue collected
29from these fees shall be deposited into the Occupational Safety
30and Health Fund. The fees shall be sufficient to support, at a
31minimum, the annual cost of 15 positions. The expenditure of these
32
funds shall be subject to appropriation by the Legislature in the
33annual Budget Act or other measure.
Section 1197 of the Military and Veterans Code is
35amended to read:
The board shall consist of five members who shall be
37registered electors residing within the district or proposed district
38at the time of their election and shall be elected by the qualified
39electors of the district. A majority of the seats on the board shall
40be designated for veterans, as defined in Section 940. Any board
P62 1seat that is so designated, but is not currently filled by a qualifying
2individual, shall be filled by a qualified individual at the next
3election at which that seat is to be filled. Members shall serve
4without compensation, but may receive reimbursement for actual
5and necessary
expenses incurred in the performance of duties.
6Reimbursement for these expenses is subject to Sections 53232.2
7and 53232.3 of the Government Code.
Section 1203 of the Penal Code is amended to read:
(a) As used in this code, “probation” means the
11suspension of the imposition or execution of a sentence and the
12order of conditional and revocable release in the community under
13the supervision of a probation officer. As used in this code,
14“conditional sentence” means the suspension of the imposition or
15execution of a sentence and the order of revocable release in the
16community subject to conditions established by the court without
17the supervision of a probation officer. It is the intent of the
18Legislature that both conditional sentence and probation are
19authorized whenever probation is authorized in any code as a
20sentencing option for infractions or misdemeanors.
21(b) (1) Except as provided in subdivision (j), if a person is
22convicted of a felony and is eligible for probation, before judgment
23is pronounced, the court shall immediately refer the matter to a
24probation officer to investigate and report to the court, at a specified
25time, upon the circumstances surrounding the crime and the prior
26history and record of the person, which may be considered either
27in aggravation or mitigation of the punishment.
28(2) (A) The probation officer shall immediately investigate and
29make a written report to the court of his or her findings and
30recommendations, including his or her recommendations as to the
31granting or denying of probation and the conditions of probation,
32if granted.
33(B) Pursuant to Section
828 of the Welfare and Institutions
34Code, the probation officer shall include in his or her report any
35information gathered by a law enforcement agency relating to the
36taking of the defendant into custody as a minor, which shall be
37considered for purposes of determining whether adjudications of
38commissions of crimes as a juvenile warrant a finding that there
39are circumstances in aggravation pursuant to Section 1170 or to
40deny probation.
P63 1(C) If the person was convicted of an offense that requires him
2or her to register as a sex offender pursuant to Sections 290 to
3290.023, inclusive, or if the probation report recommends that
4registration be ordered at sentencing pursuant to Section 290.006,
5the probation officer’s report shall include the results of the
6State-Authorized Risk Assessment Tool for Sex Offenders
7(SARATSO) administered
pursuant to Sections 290.04 to 290.06,
8inclusive, if applicable.
9(D) The probation officer may also include in the report his or
10her recommendation of both of the following:
11(i) The amount the defendant should be required to pay as a
12restitution fine pursuant to subdivision (b) of Section 1202.4.
13(ii) Whether the court shall require, as a condition of probation,
14restitution to the victim or to the Restitution Fund and the amount
15thereof.
16(E) The report shall be made available to the court and the
17prosecuting and defense attorneys at least five days, or upon request
18of the defendant or prosecuting attorney nine days, prior to the
19time fixed by the court for
the hearing and determination of the
20report, and shall be filed with the clerk of the court as a record in
21the case at the time of the hearing. The time within which the report
22shall be made available and filed may be waived by written
23stipulation of the prosecuting and defense attorneys that is filed
24with the court or an oral stipulation in open court that is made and
25entered upon the minutes of the court.
26(3) At a time fixed by the court, the court shall hear and
27determine the application, if one has been made, or, in any case,
28the suitability of probation in the particular case. At the hearing,
29the court shall consider any report of the probation officer,
30including the results of the SARATSO, if applicable, and shall
31make a statement that it has considered the report, which shall be
32filed with the clerk of the court as a record in the
case. If the court
33determines that there are circumstances in mitigation of the
34punishment prescribed by law or that the ends of justice would be
35served by granting probation to the person, it may place the person
36on probation. If probation is denied, the clerk of the court shall
37immediately send a copy of the report to the Department of
38Corrections and Rehabilitation at the prison or other institution to
39which the person is delivered.
P64 1(4) The preparation of the report or the consideration of the
2report by the court may be waived only by a written stipulation of
3the prosecuting and defense attorneys that is filed with the court
4or an oral stipulation in open court that is made and entered upon
5the minutes of the court, except that a waiver shall not be allowed
6unless the court consents thereto. However, if the defendant is
7ultimately
sentenced and committed to the state prison, a probation
8report shall be completed pursuant to Section 1203c.
9(c) If a defendant is not represented by an attorney, the court
10shall order the probation officer who makes the probation report
11to discuss its contents with the defendant.
12(d) If a person is convicted of a misdemeanor, the court may
13either refer the matter to the probation officer for an investigation
14and a report or summarily pronounce a conditional sentence. If
15the person was convicted of an offense that requires him or her to
16register as a sex offender pursuant to Sections 290 to 290.023,
17inclusive, or if the probation officer recommends that the court,
18at sentencing, order the offender to register as a sex offender
19pursuant to Section 290.006, the court shall refer
the matter to the
20probation officer for the purpose of obtaining a report on the results
21of the State-Authorized Risk Assessment Tool for Sex Offenders
22administered pursuant to Sections 290.04 to 290.06, inclusive, if
23
applicable, which the court shall consider. If the case is not referred
24to the probation officer, in sentencing the person, the court may
25consider any information concerning the person that could have
26been included in a probation report. The court shall inform the
27person of the information to be considered and permit him or her
28to answer or controvert the information. For this purpose, upon
29the request of the person, the court shall grant a continuance before
30the judgment is pronounced.
31(e) Except in unusual cases where the interests of justice would
32best be served if the person is granted probation, probation shall
33not be granted to any of the following persons:
34(1) Unless the person had a lawful right to carry a deadly
35weapon, other than a firearm, at the time of the
perpetration of the
36crime or his or her arrest, any person who has been convicted of
37arson, robbery, carjacking, burglary, burglary with explosives,
38rape with force or violence, torture, aggravated mayhem, murder,
39attempt to commit murder, trainwrecking, kidnapping, escape from
40the state prison, or a conspiracy to commit one or more of those
P65 1crimes and who was armed with the weapon at either of those
2times.
3(2) Any person who used, or attempted to use, a deadly weapon
4upon a human being in connection with the perpetration of the
5crime of which he or she has been convicted.
6(3) Any person who willfully inflicted great bodily injury or
7torture in the perpetration of the crime of which he or she has been
8convicted.
9(4) Any person who has been previously convicted twice in this
10state of a felony or in any other place of a public offense which,
11if committed in this state, would have been punishable as a felony.
12(5) Unless the person has never been previously convicted once
13in this state of a felony or in any other place of a public offense
14which, if committed in this state, would have been punishable as
15a felony, any person who has been convicted of burglary with
16explosives, rape with force or violence, torture, aggravated
17mayhem, murder, attempt to commit murder, trainwrecking,
18extortion, kidnapping, escape from the state prison, a violation of
19Section 286, 288, 288a, or 288.5, or a conspiracy to commit one
20or more of those crimes.
21(6) Any person who has been previously convicted once
in this
22state of a felony or in any other place of a public offense which,
23if committed in this state, would have been punishable as a felony,
24if he or she committed any of the following acts:
25(A) Unless the person had a lawful right to carry a deadly
26weapon at the time of the perpetration of the previous crime or his
27or her arrest for the previous crime, he or she was armed with a
28weapon at either of those times.
29(B) The person used, or attempted to use, a deadly weapon upon
30a human being in connection with the perpetration of the previous
31crime.
32(C) The person willfully inflicted great bodily injury or torture
33in the perpetration of the previous crime.
34(7) Any public official or peace officer of this state or any city,
35county, or other political subdivision who, in the discharge of the
36duties of his or her public office or employment, accepted or gave
37or offered to accept or give any bribe, embezzled public money,
38or was guilty of extortion.
39(8) Any person who knowingly furnishes or gives away
40phencyclidine.
P66 1(9) Any person who intentionally inflicted great bodily injury
2in the commission of arson under subdivision (a) of Section 451
3or who intentionally set fire to, burned, or caused the burning of,
4an inhabited structure or inhabited property in violation of
5subdivision (b) of Section 451.
6(10) Any person who, in the commission of a felony, inflicts
7great
bodily injury or causes the death of a human being by the
8discharge of a firearm from or at an occupied motor vehicle
9proceeding on a public street or highway.
10(11) Any person who possesses a short-barreled rifle or a
11short-barreled shotgun under Section 33215, a machinegun under
12Section 32625, or a silencer under Section 33410.
13(12) Any person who is convicted of violating Section 8101 of
14the Welfare and Institutions Code.
15(13) Any person who is described in subdivision (b) or (c) of
16Section 27590.
17(f) When probation is granted in a case which comes within
18subdivision (e), the court shall specify on the record and shall enter
19on the minutes the circumstances
indicating that the interests of
20justice would best be served by that disposition.
21(g) If a person is not eligible for probation, the judge shall refer
22the matter to the probation officer for an investigation of the facts
23relevant to determination of the amount of a restitution fine
24pursuant to subdivision (b) of Section 1202.4 in all cases where
25the determination is applicable. The judge, in his or her discretion,
26may direct the probation officer to investigate all facts relevant to
27the sentencing of the person. Upon that referral, the probation
28officer shall immediately investigate the circumstances surrounding
29the crime and the prior record and history of the person and make
30a written report to the court of his or her findings. The findings
31shall include a recommendation of the amount of the restitution
32fine as provided in subdivision (b)
of Section 1202.4.
33(h) If a defendant is convicted of a felony and a probation report
34is prepared pursuant to subdivision (b) or (g), the probation officer
35may obtain and include in the report a statement of the comments
36of the victim concerning the offense. The court may direct the
37probation officer not to obtain a statement if the victim has in fact
38testified at any of the court proceedings concerning the offense.
39(i) A probationer shall not be released to enter another state
40unless his or her case has been referred to the Administrator of the
P67 1Interstate Probation and Parole Compacts, pursuant to the Uniform
2Act for Out-of-State Probationer or Parolee Supervision (Article
33 (commencing with Section 11175) of Chapter 2 of Title 1 of Part
44) and the probationer has reimbursed the county
that has
5jurisdiction over his or her probation case the reasonable costs of
6processing his or her request for interstate compact supervision.
7The amount and method of reimbursement shall be in accordance
8with Section 1203.1b.
9(j) In any court where a county financial evaluation officer is
10available, in addition to referring the matter to the probation officer,
11the court may order the defendant to appear before the county
12financial evaluation officer for a financial evaluation of the
13defendant’s ability to pay restitution, in which case the county
14financial evaluation officer shall report his or her findings regarding
15restitution and other court-related costs to the probation officer on
16the question of the defendant’s ability to pay those costs.
17Any order made pursuant to this subdivision may be
enforced
18as a violation of the terms and conditions of probation upon willful
19failure to pay and at the discretion of the court, may be enforced
20in the same manner as a judgment in a civil action, if any balance
21remains unpaid at the end of the defendant’s probationary period.
22(k) Probation shall not be granted to, nor shall the execution of,
23or imposition of sentence be suspended for, any person who is
24convicted of a violent felony, as defined in subdivision (c) of
25Section 667.5, or a serious felony, as defined in subdivision (c) of
26Section 1192.7, and who was on probation for a felony offense at
27the time of the commission of the new felony offense.
Section 13518.1 of the Penal Code is amended to
30read:
In order to prevent the spread of communicable
32disease, a law enforcement agency employing peace officers
33described in subdivision (a) of Section 13518 may provide to each
34of these peace officers an appropriate portable manual mask and
35airway assembly for use when applying cardiopulmonary
36resuscitation.
Section 13701 of the Penal Code is amended to read:
(a) As a best practice, every law enforcement agency
40in this state may develop, adopt, and implement written policies
P68 1and standards for officers’ responses to domestic violence calls
2by January 1, 1986. These policies may reflect that domestic
3violence is alleged criminal conduct. Further, they may reflect
4existing policy that a request for assistance in a situation involving
5domestic violence is the same as any other request for assistance
6where violence has occurred.
7(b) As a best practice, the written policies may encourage the
8arrest of domestic violence offenders if there is probable cause
9that an offense has been committed. These policies also
may
10require the arrest of an offender, absent exigent circumstances, if
11there is probable cause that a protective order issued under Chapter
124 (commencing with Section 2040) of Part 1 of Division 6, Division
1310 (commencing with Section 6200), or Chapter 6 (commencing
14with Section 7700) of Part 3 of Division 12, of the Family Code,
15or Section 136.2 of this code, or by a court of any other state, a
16commonwealth, territory, or insular possession subject to the
17jurisdiction of the United States, a military tribunal, or a tribe has
18been violated. These policies may discourage, when appropriate,
19but not prohibit, dual arrests. Peace officers may make reasonable
20efforts to identify the dominant aggressor in any incident. The
21dominant aggressor is the person determined to be the most
22significant, rather than the first, aggressor. In identifying the
23dominant aggressor, an officer may consider the intent of
the law
24to protect victims of domestic violence from continuing abuse, the
25threats creating fear of physical injury, the history of domestic
26violence between the persons involved, and whether either person
27acted in self-defense. These arrest policies may be developed,
28adopted, and implemented by July 1, 1996. Notwithstanding
29subdivision (d), law enforcement agencies may develop these
30policies with the input of local domestic violence agencies.
31(c) As a best practice, these existing local policies and those
32developed may be in writing and, if developed, shall be available
33to the public upon request and may include specific standards for
34the following:
35(1) Felony arrests.
36(2) Misdemeanor arrests.
37(3) Use of citizen arrests.
38(4) Verification and enforcement of temporary restraining orders
39when (A) the suspect is present and (B) the suspect has fled.
40(5) Verification and enforcement of stay-away orders.
P69 1(6) Cite and release policies.
2(7) Emergency assistance to victims, such as medical care,
3transportation to a shelter, or a hospital for treatment when
4necessary, and police standbys for removing personal property
5and assistance in safe passage out of the victim’s residence.
6(8) Assisting victims in pursuing criminal options, such as giving
7the
victim the report number and directing the victim to the proper
8investigation unit.
9(9) Furnishing written notice to victims at the scene, including,
10but not limited to, all of the following information:
11(A) A statement informing the victim that despite official
12restraint of the person alleged to have committed domestic
13violence, the restrained person may be released at any time.
14(B) A statement that, “For further information about a shelter
15you may contact ____.”
16(C) A statement that, “For information about other services in
17the community, where available, you may contact ____.”
18(D) A statement that,
“For information about the California
19victims’ compensation program, you may contact 1-800-777-9229.”
20(E) A statement informing the victim of domestic violence that
21he or she may ask the district attorney to file a criminal complaint.
22(F) A statement informing the victim of the right to go to the
23superior court and file a petition requesting any of the following
24orders for relief:
25(i) An order restraining the attacker from abusing the victim
26and other family members.
27(ii) An order directing the attacker to leave the household.
28(iii) An order preventing the attacker from entering the
29residence, school,
business, or place of employment of the victim.
30(iv) An order awarding the victim or the other parent custody
31of or visitation with a minor child or children.
32(v) An order restraining the attacker from molesting or
33interfering with minor children in the custody of the victim.
34(vi) An order directing the party not granted custody to pay
35support of minor children, if that party has a legal obligation to do
36so.
37(vii) An order directing the defendant to make specified debit
38
payments coming due while the order is in effect.
39(viii) An order directing that either or both parties participate
40in counseling.
P70 1(G) A statement informing the victim of the right to file a civil
2suit for losses suffered as a result of the abuse, including medical
3expenses, loss of earnings, and other expenses for injuries sustained
4and damage to property, and any other related expenses incurred
5by the victim or any agency that shelters the victim.
6(H) In the case of an alleged violation of subdivision (e) of
7Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,
8a “Victims of Domestic Violence” card which shall include, but
9is not limited to, the following information:
10(i) The names and phone numbers of or local county hotlines
11for, or both the phone numbers of and local county hotlines for,
12local shelters for battered women and rape victim counseling
13centers within the county, including those centers specified in
14Section 13837, and their 24-hour counseling service telephone
15numbers.
16(ii) A simple statement on the proper procedures for a victim
17to follow after a sexual assault.
18(iii) A statement that sexual assault by a person who is known
19to the victim, including sexual assault by a person who is the
20spouse of the victim, is a crime.
21(iv) A statement that domestic violence or assault by a person
22who is known to the
victim, including domestic violence or assault
23by a person who is the spouse of the victim, is a crime.
24(10) Writing of reports.
25(d) In the development of these policies and standards, each
26local department is encouraged to consult with domestic violence
27experts, such as the staff of the local shelter for battered women
28and their children. Departments may utilize the response guidelines
29developed by the commission in developing local policies.
Section 13710 of the Penal Code is amended to read:
(a) (1) As a best practice, law enforcement agencies
33may maintain a complete and systematic record of all protection
34orders with respect to domestic violence incidents, including orders
35which have not yet been served, issued pursuant to Section 136.2,
36restraining orders, and proofs of service in effect. This may be
37used to inform law enforcement officers responding to domestic
38violence calls of the existence, terms, and effective dates of
39protection orders in effect.
P71 1(2) The police department of a community college or school
2district described in subdivision (a) or (b) of Section 830.32 shall
3notify the sheriff or police
chief of the city in whose jurisdiction
4the department is located of any protection order served by the
5department pursuant to this section.
6(b) The terms and conditions of the protection order remain
7enforceable, notwithstanding the acts of the parties, and may be
8changed only by order of the court.
9(c) Upon request, law enforcement agencies shall serve the party
10to be restrained at the scene of a domestic violence incident or at
11any time the party is in custody.
Section 13730 of the Penal Code is amended to read:
(a) As a best practice, each law enforcement agency
15may develop a system, by January 1, 1986, for recording all
16domestic violence-related calls for assistance made to the
17department including whether weapons are involved. All domestic
18violence-related calls for assistance may be supported with a
19written incident report, as described in subdivision (c), identifying
20the domestic violence incident. Monthly, the total number of
21domestic violence calls received and the numbers of those cases
22involving weapons may be compiled by each law enforcement
23agency and submitted to the Attorney General.
24(b) The Attorney General shall report annually to the Governor,
25the Legislature, and the
public the total number of domestic
26violence-related calls received by California law enforcement
27agencies, the number of cases involving weapons, and a breakdown
28of calls received by agency, city, and county.
29(c) As a best practice, each law enforcement agency may
30develop an incident report form that includes a domestic violence
31identification code by January 1, 1986. In all incidents of domestic
32violence, a report may be written and may be identified on the face
33of the report as a domestic violence incident. The report may
34include at least all of the following:
35(1) A notation of whether the officer or officers who responded
36to the domestic violence call observed any signs that the alleged
37abuser was under the influence of alcohol or a controlled substance.
38(2) A notation of whether the officer or officers who responded
39to the domestic violence call determined if any law enforcement
P72 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
9or 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.
Section 10351 of the Public Contract Code is amended
15to read:
(a) The department shall exempt from its approval
17contracts under one hundred fifty thousand dollars ($150,000) that
18any state agency awards if the state agency does all of the
19following:
20(1) Designates an agency officer as responsible and directly
21accountable for the agency’s contracting program.
22(2) Establishes written policies and procedures and a
23management system that will ensure the state agency’s contracting
24activities comply with applicable provisions of law and regulations
25and that it has demonstrated the ability to carry out these policies
26and procedures and to implement the
management system.
27(3) Establishes a plan for ensuring that contracting personnel
28are adequately trained in contract administration and contract
29management.
30(4) Conducts an audit every two years of the contracting program
31and reports to the department as it may require.
32(5) Establishes procedures for reporting to the department and
33the Legislature on such contracts as the Legislature may require
34in the Budget Act.
35(b) Any state agency may request the department to exempt
36from its approval classes or types of contracts under this section.
37When the department receives a request but refuses to grant the
38exemption, it shall state in writing the reasons for the
refusal. It is
39the intent of the Legislature that the department shall actively
40implement the provisions of this section and shall exempt from its
P73 1approval as wide a range of classes or types of contracts as is
2consistent with proper administrative controls and the best interests
3of the state.
Section 12100 of the Public Contract Code is amended
6to read:
(a) The Legislature finds that the unique aspects of
8information technology projects, as defined in Chapter 4800 of
9the State Administrative Manual and not delegated under
10subdivision (e) of Section 12102.2, and their importance to state
11programs warrant a separate acquisition authority. The Legislature
12further finds that this separate authority should enable the timely
13acquisition of information technology goods and services
to meet
14the state’s needs in the most value-effective manner.
15(b) (1) All contracts for the acquisition of information
16technology projects, reportable under Chapter 4800 of the State
17Administrative Manual and not delegated under subdivision (e)
18of Section 12102.2, shall be made by or under the supervision of
19the Department of Technology consistent with the requirements
20of this chapter.
21(2) The Department of Technology shall have the authority
22necessary for the acquisition of information technology projects
23as prescribed in this chapter.
24(c) The Department of Technology shall have the final authority
25in the determination of information technology procurement policy.
26(d) The Department of Technology shall have the final authority
27in the determination of information technology procurement
28procedures applicable to acquisitions of information technology
29projects reportable under Chapter 4800 of the State Administrative
30Manual and not delegated under subdivision (e) of Section 12102.2
31and telecommunications procurements made pursuant to Section
3212120.
33(e) The Department of Technology shall have the final authority
34in the determination of procurement policy in telecommunications
35procurements made pursuant to Section 12120.
36(f) Unless otherwise expressly provided, all contracts for the
37acquisition of information technology goods or services, whether
38by lease or purchase, shall be
made by or under the supervision of
39the Department of General Services.
P74 1(g) Unless otherwise expressly provided, the Department of
2General Services shall have the final authority in the determination
3of information technology procurement procedures.
Section 12100.5 of the Public Contract Code is
6amended to read:
The Regents of the University of California, the
8Trustees of the California State University, and the Board of
9Governors of the California Community Colleges shall not be
10subject to this chapter except that the trustees shall develop policies
11and procedures maintained in its state university administrative
12manual and the board shall adopt policies and procedures
13maintained in its administrative manual that further the legislative
14policies for contracting expressed in this chapter but without the
15involvement of the Director of Finance, the Director of General
16Services, the Department of Finance, the Department of General
17Services, the Director of Technology, or the Department of
18Technology.
Section 12100.7 of the Public Contract Code is
21amended to read:
As used in this chapter:
23(a) “Multiple award schedule” (MAS) is an agreement
24established between the General Services Administration of the
25United States and certain suppliers to do business under specific
26prices, terms, and conditions for specified goods, information
27technology, and services.
28(b) “Multiple award” means a contract of indefinite quantity
29for one or more similar goods, information technology, or services
30to more than one supplier.
31(c) “Procedures” means the rules, methods, and practices to be
32followed in conducting information technology
procurements.
33(d) “Policies” means determining what information technology
34goods or services are to be purchased and by whom.
35(e) For purposes of this chapter, “value-effective acquisition”
36may be defined to include, but not be limited to, the following:
37(1) The operational cost that the state would incur if the bid or
38proposal is accepted.
39(2) Quality of the product or service, or its technical competency.
40(3) Reliability of delivery and implementation schedules.
P75 1(4) The maximum facilitation of data exchange and systems
2integration.
3(5) Warranties, guarantees, and return policy.
4(6) Supplier financial stability.
5(7) Consistency of the proposed solution with the state’s
6planning documents and announced strategic program direction.
7(8) Quality and effectiveness of business solution and approach.
8(9) Industry and program experience.
9(10) Prior record of supplier performance.
10(11) Supplier expertise with engagements of similar scope and
11complexity.
12(12) Extent and quality of the proposed participation and
13acceptance by all user groups.
14(13) Proven development methodologies and tools.
15(14) Innovative use of current technologies and quality results.
Section 12101 of the Public Contract Code is amended
18to read:
It is the intent of the Legislature that policies and
20procedures developed by the Department of Technology and the
21Department of General Services in accordance with this chapter
22provide for the following:
23(a) The expeditious and value-effective acquisition of
24information technology goods and services to satisfy state
25requirements.
26(b) The acquisition of information technology goods and services
27within a competitive framework.
28(c) The delegation of authority by the Department of General
29Services to each state agency that has demonstrated to the
30department’s
satisfaction the ability to conduct value-effective
31information technology goods and services acquisitions.
32(d) The exclusion from state bid processes, at the state’s option,
33of any supplier having failed to meet prior contractual requirements
34related to information technology goods and services.
35(e) The review and resolution of protests submitted by any
36bidders with respect to any information technology goods and
37services acquisitions.
Section 12101.2 of the Public Contract Code is
40amended to read:
The Department of General Services shall prenegotiate
2the repetitively used terms and conditions in the state’s model
3contract with each interested vendor who bids or proposes on
4electronic data processing or telecommunications procurements.
5The contract language shall be kept on file, as a matter of public
6record, and shall remain operational until either the state or the
7vendor provides 30 days’ notice to the other party that new
8negotiations are deemed appropriate.
9If, for a particular procurement, the state seeks to make any
10
further changes to either the negotiated or the standard contract
11language, or both, it shall identify those changes to each bidder or
12proposer prior to the due date for the bid or proposal. If for a
13particular procurement, a bidder or proposer seeks to propose a
14negotiated change or standard contract language change, it shall
15make this identification within the timeframe identified in the
16solicitation document.
Section 12101.5 of the Public Contract Code is
19amended to read:
(a) It is the intent of the Legislature that agencies of
21the state use an acquisition method that is compatible with their
22short- and long-term fiscal needs in contracts relating to
23commodities and information technology goods and services. State
24agencies should be able to specify their anticipated life cycle
25requirements that would become one of the criteria for contractor
26selection. These agencies should be given the choice of suppliers
27to meet statewide standardization needs, unique service
28requirements, application requirements, and long-term satisfaction
29criteria. There is a need for the state to enter into long-term
30contracts with annual cancellation and fund-out clauses, as
31required, to protect
the state’s interests as well as provide the option
32for multiyear renewals to encourage suppliers to develop higher
33levels of service and support throughout the contracts.
34(b) The state may utilize multiple awards, including federal
35General Service Administration Multiple Awards Schedules and
36master agreements or contracts for goods, information technology,
37services, or consulting services. For purposes of this subdivision,
38a multiple award is an award of an indefinite quantity contract for
39one or more similar goods, information technology, or services to
40more than one supplier. Except for possible multiple awards as
P77 1permitted by this subdivision, and except as described in
2subdivision (d), all the requirements of this chapter pertaining to
3other types of information technology acquisitions shall be
4followed. The Department of General Services
shall administer
5this section and ensure that multiple award schedules are in
6compliance with all other applicable statutes.
7(c) Notwithstanding any other provision of law, state agencies,
8in exercising their contracting authority delegated by the
9Department of General Services, may contract with suppliers who
10have multiple award schedules with the General Services
11Administration of the United States on the same terms, conditions,
12and prices if the supplier is willing to do so. The
Department of
13General Services may also develop multiple award schedules or
14agreements for use by state agencies in the same manner. The
15Department of General Services shall determine the delegation
16contracting authority for agencies wishing to use multiple award
17schedules.
18(d) For contracts related to information technology integration
19or development projects that generate revenues or achieve savings
20over a quantifiable baseline of existing costs, state agencies shall
21consider and may incorporate performance-based or
22share-in-savings contract terms to manage risks and create
23incentives for successful contract performance. Performance-based
24or share-in-savings contracts may have the following
25
characteristics, among others:
26(1) Contract terms that specify business outcomes to be
27achieved, not the solution to be provided.
28(2) Contract terms that structure the contract to maintain
29maximum vendor commitment to project success and minimize
30risk to the state by sharing risk with the private sector.
31(3) Utilization of “best value” evaluation methods, which means
32to select the solution that will achieve the best result based on
33business performance measures, not necessarily the lowest price.
34(4) Contract terms that base payments to the vendor primarily
35on achieving predefined performance measures.
Section 12102 of the Public Contract Code is amended
38to read:
(a) The Department of General Services shall maintain,
40in the State Administrative Manual, all policies and procedures
P78 1governing the acquisition and disposal of information technology
2goods and services, including, but not limited to, the policies and
3procedures that the Department of Technology is authorized to
4establish for the acquisition of information technology projects.
5The Department of Technology shall provide a link to information
6technology policies and procedures in the State Administrative
7Manual on the homepage of the Internet Web site.
8(b) Except as specified in Section 12102.1, acquisition of
9information technology goods and services
shall be conducted
10through competitive means, except when the Director of General
11Services determines that (1) the goods and services proposed for
12acquisition are the only goods and services which can meet the
13state’s need, or (2) the goods and services are needed in cases of
14emergency where immediate acquisition is necessary for the
15protection of the public health, welfare, or safety. The acquisition
16mode to be used and the procedure to be followed shall be approved
17by the Director of General Services. The Department of General
18Services shall maintain, in the State Administrative Manual,
19appropriate criteria and procedures to ensure compliance with the
20intent of this chapter. These criteria and procedures shall include
21acquisition and contracting guidelines to be followed by state
22agencies with respect to the acquisition of information technology
23goods and services. These guidelines may be
in the form of
24standard formats or model formats.
Section 12102.1 is added to the Public Contract Code,
27to read:
(a) The Department of Technology shall establish in
29the State Administrative Manual all of the following:
30(1) Policies governing the acquisition of information technology
31projects.
32(2) Procedures governing the acquisition of information
33technology projects reportable under Chapter 4800 of the State
34Administrative Manual and not delegated under subdivision (e)
35of Section 12102.2.
36(3) Policies and procedures governing the acquisition of
37telecommunications goods and services, as authorized under
38Section 12120.
39(b) Acquisition of information technology goods and services
40that are subject to subdivision (a) shall be conducted through
P79 1competitive means, except when the Director of Technology
2determines that (1) the goods and services proposed for acquisition
3 are the only goods and services that can meet the state’s need, or
4(2) the goods and services are needed for an emergency and
5immediate acquisition and are necessary for the protection of the
6public health, welfare, or safety. The acquisition mode to be used
7and the procedure to be followed shall be approved by the Director
8of Technology. The Department of Technology shall establish, in
9the State Administrative Manual, appropriate criteria and
10procedures to ensure compliance with the intent of this chapter.
11These criteria and procedures shall include acquisition and
12contracting guidelines to be
followed by state agencies with respect
13to the acquisition of information technology projects that are
14reportable under State Administrative Manual Section 4800 et seq.
15These guidelines may be in the form of standard formats or model
16formats.
Section 12102.2 is added to the Public Contract Code,
19to read:
(a) Contract awards for all large-scale systems
21integration projects shall be based on the proposal that provides
22the most value-effective solution to the state’s requirements, as
23determined by the evaluation criteria contained in the solicitation
24document. Evaluation criteria for the acquisition of information
25technology goods and services, including systems integration, shall
26provide for the selection of a contractor on an objective basis not
27limited to cost alone.
28(1) The Department of Technology shall invite active
29participation, review, advice, comment, and assistance from the
30private sector and state agencies in developing procedures to
31streamline and to
make the acquisition process more efficient,
32including, but not limited to, consideration of comprehensive
33statements in the request for proposals of the business needs and
34governmental functions, access to studies, planning documents,
35feasibility study reports and draft requests for proposals applicable
36to solicitations, minimizing the time and cost of the proposal
37submittal and selection process, and development of a procedure
38for submission and evaluation of a single proposal rather than
39multiple proposals.
P80 1(2) Solicitations for acquisitions based on evaluation criteria
2other than cost alone shall provide that sealed cost proposals shall
3be submitted and that they shall be opened at a time and place
4designated in the solicitation for bids and proposals. Evaluation
5of all criteria, other than cost, shall be completed prior to the time
6designated
for public opening of cost proposals, and the results of
7the completed evaluation shall be published immediately before
8the opening of cost proposals. The state’s contact person for
9administration of the solicitation shall be identified in the
10solicitation for bids and proposals, and that person shall execute
11a certificate under penalty of perjury, which shall be made a
12permanent part of the official contract file, that all cost proposals
13received by the state have been maintained sealed and under lock
14and key until the time cost proposals are opened.
15(b) The acquisition of hardware acquired independently of a
16system integration project may be made on the basis of lowest cost
17meeting all other specifications.
18(c) The 5 percent small business preference provided for in
19Chapter
6.5 (commencing with Section 14835) of Part 5.5 of
20Division 3 of Title 2 of the Government Code and the regulations
21implementing that chapter shall be accorded to all qualifying small
22businesses.
23(d) For all transactions formally advertised, evaluation of
24bidders’ proposals for the purpose of determining contract award
25for information technology goods shall provide for consideration
26of a bidder’s best financing alternatives, including lease or purchase
27alternatives, if any bidder so requests, not less than 30 days prior
28to the date of final bid submission, unless the acquiring agency
29can prove to the satisfaction of the Department of General Services
30that a particular financing alternative should not be so considered.
31(e) Acquisition authority may be delegated by the Director of
32
General Services to any state agency that has been determined by
33the Department of General Services to be capable of effective use
34of that authority. This authority may be limited by the Department
35of General Services. Acquisitions conducted under delegated
36authority shall be reviewed by the Department of General Services
37on a selective basis.
38(f) To the extent practical, the solicitation documents shall
39provide for a contract to be written to enable acquisition of
40additional items to avoid essentially redundant acquisition
P81 1processes when it can be determined that it is economical to do
2so.
3(g) Protest procedures shall be developed to provide bidders an
4opportunity to protest any formal, competitive acquisition
5conducted in accordance with this chapter. The procedures
shall
6provide that protests must be filed no later than five working days
7after the issuance of an intent to award. Authority to protest may
8be limited to participating bidders. The Director of Technology,
9or a person designated by the director, may consider and decide
10on initial protests of bids for information technology projects
11conducted by the Department of Technology and
12telecommunications procurement made pursuant to Section 12120.
13The Director of the Department of General Services, or a person
14designated by the director, may consider and decide on initial
15protests of all other information technology acquisitions. A decision
16regarding an initial protest shall be final. If prior to the last day to
17protest, any bidder who has submitted an offer files a protest with
18the department against the awarding of the contract on the ground
19that his or her bid or proposal should have been selected in
20
accordance with the selection criteria in the solicitation document,
21the contract shall not be awarded until either the protest has been
22withdrawn or the California Victim Compensation and Government
23Claims Board has made a final decision as to the action to be taken
24relating to the protest. Within 10 calendar days after filing a protest,
25the protesting bidder shall file with the Victims Compensation and
26Government Claims Board a full and complete written statement
27specifying in detail the grounds of the protest and the facts in
28support thereof.
29(h) Consistent with the procedures established and administered
30by the Department of General Services, information technology
31goods that have been determined to be surplus to state needs shall
32be disposed of in a manner that will best serve the interests of the
33state. Procedures governing the disposal
of surplus goods may
34include auction or transfer to local governmental entities.
35(i) A supplier may be excluded from bid processes if the
36supplier’s performance with respect to a previously awarded
37contract has been unsatisfactory, as determined by the state in
38accordance with established procedures that shall be maintained
39in the State Administrative Manual. This exclusion may not exceed
4036 months for any one determination of unsatisfactory
P82 1performance. Any supplier excluded in accordance with this section
2shall be reinstated as a qualified supplier at any time during this
336-month period, upon demonstrating to the Department of General
4Services’ satisfaction that the problems that resulted in the
5supplier’s exclusion have been corrected.
Section 12103 of the Public Contract Code is amended
8to read:
In addition to the mandatory requirements enumerated
10in Sections 12102, 12102.1, and 12102.2, the acquisition policies
11and procedures developed by the
Department of Technology and
12the Department of General Services in accordance with this chapter
13may provide for the following:
14(a) Price negotiation with respect to contracts entered into in
15accordance with this chapter.
16(b) System or equipment component performance, or availability
17standards, including an assessment of the added cost to the state
18to receive contractual guarantee of a level of performance.
19(c) Requirement of a bond or assessment of a cost penalty with
20respect to a contract or consideration of a contract offered by a
21supplier whose performance has been determined unsatisfactory
22in accordance with established procedures maintained in the State
23Administrative Manual as required by Section
12102.
Section 12103.5 of the Public Contract Code is
26amended to read:
For those information technology purchases for which
28the Department of General Services or the Department of
29Technology determines that a request for proposal (RFP) is
30appropriate, the controlling department, as specified under Section
3112100, shall identify and document the following, with respect to
32information technology procurements, prior to releasing the RFP:
33(a) Identify the legislative mandate, state business, or operational
34reason for the information technology procurement.
35(b) Identify the existing business processes currently used to
36accomplish the legislative mandate, state business, or
operational
37reason.
38(c) Identify the most important priorities for the information
39technology project to accomplish.
P83 1(d) Identify what current technology is being used and how it
2is being used.
3(e) If the data used in a proposed information technology system
4comes from multiple sources, identify the existing business
5processes or technical systems that produce and maintain the source
6data to ensure interoperability.
7(f) Identify how the new information technology project
8leverages existing technology investments while accomplishing
9its business objectives.
Section 12104 of the Public Contract Code is amended
12to read:
(a) (1) The State Contracting Manual shall set forth
14all procedures and methods that shall be used by the state when
15seeking to obtain bids for the acquisition of information technology.
16(2) Revisions to the manual must be publicly announced,
17including, but not limited to, postings on the Internet Web site
18homepage of the Department of General Services. The Department
19of Technology shall provide a link to the State Contracting Manual
20on its Internet Web site homepage.
21(b) The Department of General Services and the Department of
22Technology in accordance with this chapter shall develop,
23implement,
and maintain standardized methods for the development
24of all information technology requests for proposals.
25(c) All information technology requests for proposals shall be
26reviewed by the Department of Technology prior to release to the
27public.
Section 12104.5 of the Public Contract Code is
30amended to read:
(a) All rules and requirements governing an
32information technology acquisition, for which the Department of
33General Services or the Department of Technology determines
34that a request for proposal (RFP) is appropriate, shall be
35communicated in writing to all vendors that have expressed an
36intent to bid and shall be posted in a public location. Any changes
37to the rules and requirements governing that RFP shall be
38communicated in writing to all vendors that have expressed an
39intent to bid and shall be posted in a public location.
Requirements
P84 1other than those provided by law or outside of the published RFP
2and posted addendums shall not be used to score bids.
3(b) (1) All requests for proposals shall contain the following
4statement:
5“It is unlawful for any person engaged in business within this
6state to sell or use any article or product as a “loss leader” as
7defined in Section 17030 of the Business and Professions Code.”
8(2) The Department of General Services shall post in the State
9Contracting Manual instructions for including the statement
10required by paragraph (1) in all affected contracts.
11(3) The statement required by paragraph (1) shall be deemed to
12be part of
a request for proposal even if the statement is
13inadvertently omitted from the request for proposal.
14(c) The requirements of this section shall be in addition to any
15other requirement provided by law.
Section 12105 of the Public Contract Code is amended
18to read:
The Department of General Services and the Department
20of Technology shall coordinate in the development of policies and
21procedures that implement the intent of this chapter.
Section 12106 of the Public Contract Code is amended
24to read:
The Department of General Services and the Department
26of Technology may, in addition to fulfilling the mandatory
27requirements enumerated in Sections 12102, 12102.1, and 12102.2,
28adopt such rules and regulations as are necessary for the purposes
29of this chapter.
Section 12108 of the Public Contract Code is amended
32to read:
Until the time that the Department of General Services
34and the Department of Technology have published in the State
35Administrative Manual the procedures required in accordance with
36Section 12102, acquisitions of information technology goods and
37services shall be accomplished in accordance with either existing
38State Administrative Manual procedures for the acquisition of
39information technology goods and services, or Article 2
40(commencing with Section 14790) of Chapter 6 of Part 5.5 of
P85 1Division 3 of Title 2 of the Government Code, as determined by
2the Department of General Services.
Section 12109 of the Public Contract Code is amended
5to read:
The Director of General Services and the Director of
7Technology may make the services of their respective departments
8under this chapter available, upon the terms and conditions that
9may be deemed satisfactory, to any tax-supported public agency
10in the state, including a school district, for assisting the agency in
11the acquisition of information technology goods or services.
Section 12112 of the Public Contract Code is amended
14to read:
(a) Any contract for information technology goods or
16services, to be manufactured or performed by the contractor
17especially for the state and not suitable for sale to others in the
18ordinary course of the contractor’s business may provide, on the
19terms and conditions that the controlling department, as specified
20in Section 12100, deems necessary to protect the state’s interests,
21for progress payments for work performed and costs incurred at
22the contractor’s shop or plant, provided that not less than 10 percent
23of the contract price is required to be withheld until final delivery
24and acceptance of the goods or services. Notwithstanding this
25subdivision, if the department determines that lesser withholding
26levels are appropriate based upon an
evaluation of risk determined
27under subdivision (b) and the contract price is ten million dollars
28($10,000,000) or more, the department shall withhold no less than
295 percent of the contract price until final delivery and acceptance
30of the goods or services. If the department determines that lesser
31withholding levels are appropriate based on an evaluation of risk
32determined under subdivision (b) and the contract price is less than
33ten million dollars ($10,000,000), the department shall withhold
34no less than 3 percent of the contract price until final delivery and
35acceptance of the goods or services.
36(b) The Department of General Services, in consultation with
37the Department of Finance, shall develop and maintain criteria for
38the evaluation of risk to the state that results from the acquisition
39of information technology. This risk analysis shall
determine the
P86 1need for financial protection that is in the best interest of the state,
2including, but not limited to, any of the following:
3(1) An acceptable performance bond as described in Chapter 2
4(commencing with Section 995.010) of Title 14 of Part 2 of the
5Code of Civil Procedure.
6(2) Any surety as defined in Section 2787 of the Civil Code.
7(3) A letter of credit as described in Division 5 (commencing
8with Section 5101) of the Commercial Code.
9(4) Protection in the form of contract terms.
10(5) Any other form of security or guaranty of performance in
11an amount sufficient to protect the state in the
case of default by
12the contractor providing information technology, or any other
13breach or malfunction of the goods or services, or both.
14(c) For purposes of this section, “information technology” means
15information technology goods or services, or both, as appropriate.
Section 12120 of the Public Contract Code is amended
18to read:
The Legislature finds and declares that, with the advent
20of deregulation in the telecommunications industry, substantial
21cost savings can be realized by the state through the specialized
22evaluation and acquisition of alternative telecommunications
23systems. Any contract for the acquisition of telecommunications
24services and any contract for the acquisition of telecommunications
25goods, whether by lease or purchase, shall be made by, or under
26the supervision of, the Department of Technology. Any acquisition
27shall be accomplished in accordance with Chapter 3 (commencing
28with Section 12100), relating to the acquisition of information
29technology goods and services, except to the extent any directive
30or provision is uniquely applicable to information
technology
31acquisitions. The Department of Technology shall have
32responsibility for the establishment of policy and procedures for
33telecommunications. The Trustees of the California State
34University and the Board of Governors of the California
35Community Colleges shall assume the functions of the agency
36with regard to acquisition of telecommunications goods and
37services by the California State University and the California
38Community Colleges, respectively. The trustees and the board
39shall each grant to the agency an opportunity to bid whenever the
P87 1university or the college system solicits bids for
2telecommunications goods and services.
Section 12121 of the Public Contract Code is repealed.
Section 12125 of the Public Contract Code is amended
7to read:
There is hereby established the Alternative Protest
9Process to be administered by the Department of General Services
10and the Department of Technology in accordance with Chapter 3
11(commencing with Section 12100) of Part 2 of Division 2 and this
12chapter.
Section 12126 of the Public Contract Code is amended
15to read:
(a) Notwithstanding any other law, any department or
17agency may use the solicitation and alternative protest procedures
18outlined in this chapter for solicitations authorized under Chapter
192 (commencing with Section 10290) or Chapter 3 (commencing
20with Section 12100). The Department of General Services shall
21develop procedures and guidelines for the implementation of this
22alternative protest process.
23(b) To be eligible for this alternative protest process, the
24contracting department shall agree to participate in the Alternative
25Protest Process and the Department of General Services or the
26Department of Technology, as appropriate, shall indicate that
the
27proposed solicitation shall be conducted as part of the Alternative
28Protest Process prior to release of the solicitation. Submission of
29a bid constitutes consent for participation in the Alternative Protest
30Process. Any protests filed in relation to the proposed contract
31award shall be conducted under the procedures set forth by the
32Department of General Services for the Alternative Protest Process.
33(c) Notwithstanding any other law to the contrary, any bid
34protest conducted under this chapter shall include one or more of
35the following alternative procedures:
36(1) The Alternative Protest Process shall not prevent the
37commencement of work in accordance with the terms of any other
38contract awarded pursuant to this chapter. A contract may be
39entered into pending a final decision
on the protest.
P88 1(2) The Department of General Services, in bid protests for
2procurements it conducts or supervises, shall review the protest
3within seven days of the filing date to determine if the protest is
4frivolous. If determined to be frivolous, the protest shall not
5proceed under this chapter until the bidder posts a protest bond in
6an amount not less than 10 percent of the estimated contract value,
7as determined by the Department of General Services in the
8solicitation.
9(3) The Department of Technology, in bid protests for
10procurements it conducts or supervises pursuant to paragraph (1)
11of subdivision (b) of Section 12100 and telecommunications
12procurements made pursuant to Section 12120, shall review the
13protest within seven days of the filing date to determine if the
14protest
is frivolous. If determined to be frivolous, the protest shall
15not proceed under this chapter until the bidder posts a protest bond
16in an amount not less than 10 percent of the estimated contract
17value, as determined by the Department of Technology in the
18solicitation.
19(4) The Director of General Services or the Director of
20Technology, as appropriate under paragraphs (2) and (3), shall
21issue a decision within a period not to exceed 45 days from the
22date the protest is filed.
23(5) 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.
Section 12128 of the Public Contract Code is amended
36to read:
The Department of General Services and the Department
38of Technology in accordance with Chapter 3 (commencing with
39Section 12100) of Part 2 of Division 2 and this chapter shall apply
40this chapter to the following categories:
P89 1(a) Information technology and ancillary services.
2(b) Material, supplies, equipment, and ancillary services.
Section 9303 of the Public Resources Code is
4amended to read:
The directors shall receive no compensation for their
6services as such, but each may be allowed reasonable and necessary
7expenses incurred in attendance at meetings of the directors or
8when otherwise engaged in the work of the district at the direction
9of the board of directors. The directors shall fix the amount allowed
10for necessary expenses, but no director shall be appointed to any
11position for which he or she would receive compensation as a
12salaried officer or employee of the district. Reimbursement for
13these expenses is subject to Sections 53232.2 and 53232.3 of the
14Government
Code.
Section 75121 of the Public Resources Code is
17amended to read:
(a) The Strategic Growth Council is hereby established
19in state government and it shall consist of the Director of State
20Planning and Research, the Secretary of the Resources Agency,
21the Secretary for Environmental Protection, the Secretary of
22Business, Transportation and Housing, the Secretary of California
23Health and Human Services, the Secretary of Business, Consumer
24Services, and Housing, and one member of the public to be
25appointed by the Governor. The public member shall have a
26background in land use planning, local government, resource
27protection and management, or community development or
28revitalization.
29(b) Staff for the council
shall be reflective of the council’s
30membership.
Section 2872.5 of the Public Utilities Code is amended
33to read:
(a) The commission, in consultation with the Office
35of Emergency Services, shall open an investigative proceeding to
36determine whether standardized notification systems and protocol
37should be utilized by entities that are authorized to use automatic
38dialing-announcing devices pursuant to subdivision (e) of Section
392872, to facilitate notification of affected members of the public
40of local emergencies. The commission shall not establish standards
P90 1for notification systems or standard notification protocol unless it
2determines that the benefits of the standards
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.
Section 2892 of the Public Utilities Code is amended
10to read:
(a) A provider of commercial mobile radio service, as
12defined in Section 216.8, shall provide access for end users of that
13service to the local emergency telephone systems described in the
14Warren-911-Emergency Assistance Act (Article 6 (commencing
15with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title
165 of the Government Code). “911” shall be the primary access
17number for those emergency systems. A provider of commercial
18mobile radio service, in accordance with all applicable Federal
19Communication Commission orders, shall transmit all “911” calls
20from technologically compatible commercial mobile radio service
21communication devices without requiring user validation or any
22similar procedure. A provider of commercial mobile radio service
23may
not charge any airtime, access, or similar usage charge for
24any “911” call placed from a commercial mobile radio service
25telecommunications device to a local emergency telephone system.
26(b) A “911” call from a commercial mobile radio service
27telecommunications device may be routed to a public safety
28answering point other than the Department of the California
29Highway Patrol only if the alternate routing meets all of the
30following requirements:
31(1) The “911” call originates from a location other than from a
32freeway, as defined in Section 23.5 of the Streets and Highways
33Code, under the jurisdiction of the Department of the California
34Highway Patrol.
35(2) The alternate routing is economically and technologically
36feasible.
37(3) The alternate routing will benefit public safety and reduce
38burdens on dispatchers for the Department of the California
39Highway Patrol.
P91 1(4) The Department of the California Highway Patrol, the
Office
2of Emergency Services, and the proposed alternate public safety
3answering point, in consultation with the wireless industry,
4providers of “911” selective routing service, and local law
5enforcement officials, determine that it is in the best interest of the
6public and will provide more effective emergency service to the
7public to route “911” calls that do not originate from a freeway,
8as defined in Section 23.5 of the Streets and Highways Code, under
9the jurisdiction of the Department of the California Highway Patrol
10to another public safety answering point.
Section 2892.1 of the Public Utilities Code is amended
13to read:
(a) For purposes of this section, “telecommunications
15service” means voice communication provided by a telephone
16corporation as defined in Section 234, voice communication
17provided by a provider of satellite telephone services, voice
18communication provided by a provider of mobile telephony service,
19as defined in Section 2890.2, and voice communication provided
20by a commercially available facilities-based provider of voice
21communication services utilizing voice over Internet Protocol or
22any successor protocol.
23(b) The commission, in consultation with the
Office of
24Emergency Services, shall open an investigative or other
25appropriate proceeding to identify the need for telecommunications
26service systems not on the customer’s premises to have backup
27electricity to enable telecommunications networks to function and
28to enable the customer to contact a public safety answering point
29operator during an electrical outage, to determine performance
30criteria for backup systems, and to determine whether the best
31practices recommended by the Network Reliability and
32Interoperability Council in December 2005, for backup systems
33have been implemented by telecommunications service providers
34operating in California. If the commission determines it is in the
35public interest, the commission shall, consistent with subdivisions
36(c) and (d), develop and implement performance reliability
37standards.
38(c) The
commission, in developing any standards pursuant to
39the proceeding required by subdivision (b), shall consider current
P92 1best practices and technical feasibility for establishing battery
2backup requirements.
3(d) The commission shall not implement standards pursuant to
4the proceeding required by subdivision (b) unless it determines
5that the benefits of the standards exceed the costs.
6(e) The commission shall determine the feasibility of the use of
7zero greenhouse gas emission fuel cell systems to replace diesel
8backup power systems.
9(f) Before January 1, 2008, the commission shall prepare and
10submit to the Legislature a report on the results of the proceeding.
Section 11908.1 of the Public Utilities Code is
12amended to read:
(a) Notwithstanding Section 11908, a district with a
14board having seven directors may provide, by resolution or
15ordinance, that each director shall receive compensation in an
16amount not to exceed one hundred dollars ($100) per day for each
17day’s attendance at public meetings of the board or for each day’s
18service rendered as a director by request of the board, not exceeding
19a total of six days in any calendar month, or, in lieu of that
20compensation, a salary of not to exceed six hundred dollars ($600)
21per month subject to annual adjustments pursuant to subdivision
22(b). The resolution or
ordinance may also authorize reimbursement
23for any expenses incurred in the performance of
a director’s duties
24required or authorized by the board. No resolution or ordinance
25establishing compensation pursuant to this subdivision shall
26provide for any automatic increase in that compensation.
27(b) Any district which adopts salaries for directors pursuant to
28subdivision (a) may increase those salaries by not more than 5
29percent for each calendar year following the operative date of the
30last adjustment, commencing with the calendar year following
31adoption of the salary or increase.
32(c) Reimbursement for these expenses is subject to Sections
3353232.2 and 53232.3 of the Government Code.
Section 11908.2 of the Public Utilities Code is
35amended to read:
Notwithstanding Section 11908, the board of a district
37which has owned and operated an electric distribution system for
38at least eight years and has a population of 250,000 or more may
39provide, by ordinance or resolution, that each director shall receive
40compensation in an amount not to exceed one hundred dollars
P93 1($100) per day for each day’s attendance at public meetings of the
2board or for each day’s service rendered as a director by request
3of the board, not exceeding a total of 10 days in any calendar
4month. The ordinance or resolution may also authorize
5reimbursement for any expenses
incurred in the performance of
6
the director’s duties required or authorized by the board. The board
7may, by resolution or ordinance, increase the compensation per
8day by not more than 5 percent for each calendar year following
9the operative date of the last adjustment, commencing with the
101988 calendar year. No resolution or ordinance establishing
11compensation pursuant to this subdivision shall provide for any
12automatic increase in that compensation. For purposes of this
13section, the determination of whether a director’s activities on any
14specific day are compensable shall be made pursuant to Article
152.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
16Division 2 of Title 5 of the Government Code. Reimbursement for
17these expenses is subject to Sections 53232.2 and 53232.3 of the
18Government Code.
Section 22407 of the Public Utilities Code is amended
20to read:
Each member of the board of directors may receive
22compensation in an amount not to exceed one hundred dollars
23($100) for each attendance at the meeting of the board held within
24the district, which amount shall be fixed from time to time by the
25board. No director, however, shall receive pay for more than four
26meetings in any calendar month.
27Each director may be allowed, with
the approval of the board,
28
travel and other expenses necessarily incurred by the member in
29the performance of the member’s duties. For purposes of this
30section, the determination of whether a director’s activities on any
31specific day are compensable shall be made pursuant to Article
322.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
33Division 2 of Title 5 of the Government Code. Reimbursement for
34these expenses is subject to Sections 53232.2 and 53232.3 of the
35Government Code.
Section 41030 of the Revenue and Taxation Code is
38amended to
read:
The Office of Emergency Services shall determine
40annually, on or before October 1, a surcharge rate that it estimates
P94 1will produce sufficient revenue to fund the current fiscal year’s
2911 costs. The surcharge rate shall be determined by dividing the
3costs (including incremental costs) the Office of Emergency
4Services estimates for the current fiscal year of 911 plans approved
5pursuant to Section 53115 of the Government Code, less the
6available balance in the State Emergency Telephone Number
7Account in the General Fund, by its estimate of the charges for
8intrastate telephone communications services and VoIP service to
9which the surcharge will apply for the period of January 1 to
10December 31, inclusive, of the next succeeding calendar year, but
11in no event shall
such surcharge rate in any year be greater than
12three-quarters of 1 percent nor less than one-half of 1 percent.
Section 41031 of the Revenue and Taxation Code is
15amended to
read:
The Office of Emergency Services shall make its
17determination of the surcharge rate each year no later than October
181 and shall notify the board of the new rate, which shall be fixed
19by the board to be effective with respect to charges made for
20intrastate telephone communication services and VoIP service on
21or after January 1 of the next succeeding calendar year.
Section 41032 of the Revenue and Taxation Code is
24amended to
read:
Immediately upon notification by the Office of
26Emergency Services and fixing the surcharge rate, the board shall
27each year no later than November 15 publish in its minutes the
28new rate, and it shall notify by mail every service supplier
29registered with it of the new rate.
Section 41136 of the Revenue and Taxation Code is
32amended to
read:
Funds in the State Emergency Telephone Number
34Account shall, when appropriated by the Legislature, be spent
35solely for the following purposes:
36(a) A minimum of one-half of 1 percent of the charges for
37intrastate telephone communications services and VoIP service to
38which the surcharge applies, as follows:
39(1) To pay refunds authorized by this part.
P95 1(2) To pay the State Board of Equalization for the cost of the
2administration of this part.
3(3) To pay the
Office of Emergency Services for its costs in
4administration of the “911” emergency telephone number system.
5(4) To pay bills submitted to the Office of Emergency Services
6by service suppliers or communications equipment companies for
7the installation 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 the Office of
28Emergency Services.
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.
Section 41136.1 of the Revenue and Taxation Code
3 is amended to
read:
For each fiscal year, moneys in the State Emergency
5Telephone Number Account not appropriated for a purpose
6specified in Section 41136 shall be held in trust for future
7appropriation for upcoming, planned “911” emergency telephone
8number projects that have been approved by the Office of
9Emergency Services, even if the projects have not yet commenced.
Section 41137 of the Revenue and Taxation Code is
12amended to
read:
The Office of Emergency Services shall pay, from funds
14appropriated from the State Emergency Telephone Number
15Account by the Legislature, as provided in Section 41138, bills
16submitted by service suppliers or communications equipment
17companies for the installation and ongoing costs of the following
18communication services provided local agencies by service
19suppliers in connection with the “911” emergency telephone
20number system:
21(a) A basic system.
22(b) A basic system with telephone central office identification.
23(c) A system employing automatic call routing.
24(d) Approved incremental costs that have been concurred in by
25the Office of Emergency Services.
Section 41137.1 of the Revenue and Taxation Code
28 is amended to
read:
The Office of Emergency Services shall pay, from
30funds appropriated from the State Emergency Telephone Number
31Account by the Legislature, as provided in Section 41138, claims
32submitted by local agencies for approved incremental costs and
33for the cost of preparation of final plans submitted to the Office
34of Emergency Services for approval on or before October 1, 1978,
35as provided in Section 53115 of the Government Code.
Section 41138 of the Revenue and Taxation Code is
38amended to
read:
(a) It is the intent of the Legislature that the
40reimbursement rates for “911” emergency telephone number
P97 1equipment shall not exceed specified amounts negotiated with
2each interested supplier and approved by the Office of Emergency
3Services. The Office of Emergency Services shall negotiate supplier
4pricing to ensure cost effectiveness and the best value for the “911”
5emergency telephone number system. The Office of Emergency
6Services shall pay those bills as provided in Section 41137 only
7under the following conditions:
8(1) The Office of Emergency Services shall have received the
9local agency’s “911” emergency telephone number system plan
10by July 1 of the prior fiscal year and
approved the plan by October
111 of the prior fiscal year.
12(2) The Legislature has appropriated in the Budget Bill an
13amount sufficient to pay those bills.
14(3) The Office of Emergency Services has reviewed and
15approved each line item of a request for funding to ensure the
16necessity of the proposed equipment or services and the eligibility
17for reimbursement.
18(4) The amounts to be paid do not exceed the pricing submitted
19by the supplier and approved by the
Office of Emergency Services.
20Extraordinary circumstances may warrant spending in excess of
21the established rate, but shall be preapproved by the Office of
22Emergency Services. In determining the reimbursement rate, the
23Office of Emergency Services shall utilize the approved pricing
24submitted by the supplier providing the equipment or service.
25(b) This section shall not be construed to limit an agency’s
26ability to select a supplier or procure telecommunications
27equipment as long as the supplier’s pricing is preapproved by the
28Office of Emergency Services. Agencies shall be encouraged to
29procure equipment on a competitive basis. Any amount in excess
30of the pricing approved by the Office of Emergency Services shall
31not be reimbursed.
Section 41139 of the Revenue and Taxation Code is
34amended to
read:
From funds appropriated by the Legislature from the
36Emergency Telephone Number Account, the Office of Emergency
37Services shall begin paying bills as provided in Sections 41137,
3841137.1, and 41138 in the 1977-78 fiscal year for plans submitted
39by local agencies by July 1, 1976, to the Office of Emergency
40Services which the Office of Emergency Services has approved.
Section 41140 of the Revenue and Taxation Code is
3amended to
read:
The Office of Emergency Services shall reimburse local
5agencies, from funds appropriated from the Emergency Telephone
6Number Account by the Legislature, for amounts not previously
7compensated for by another governmental agency, which have
8been paid by agencies for approved incremental costs or to service
9suppliers or communication equipment companies for the following
10communications services supplied in connection with the “911”
11emergency telephone number, provided local agency plans had
12been approved by the Office of Emergency Services:
13(a) A basic system.
14(b) A basic system with telephone central office identification.
15(c) A system employing automatic call routing.
16(d) Approved incremental costs.
Section 41141 of the Revenue and Taxation Code is
19amended to
read:
Claims for reimbursement shall be submitted by local
21agencies to the Office of Emergency Services, which shall
22determine payment eligibility and shall reduce the claim for charges
23that exceed the approved incremental costs, approved contract
24amounts, or the established tariff rates for costs. No claim shall be
25paid until funds are appropriated by the Legislature.
Section 41142 of the Revenue and Taxation Code is
28amended to
read:
Notwithstanding any other provision of this article, if
30the Legislature fails to appropriate an amount sufficient to pay
31bills submitted to the Office of Emergency Services by service
32suppliers or communications equipment companies for the
33installation and ongoing communications services supplied local
34agencies in connection with the “911” emergency telephone
35number system, and to pay claims of local agencies which, prior
36to the effective date of this part, paid amounts to service suppliers
37or communications equipment companies for the installation and
38ongoing expenses in connection with the “911” emergency
39telephone number system, the obligation of service suppliers and
40local agencies to provide “911” emergency telephone service shall
P99 1terminate and
service shall not again be required until the
2Legislature has appropriated an amount sufficient to pay those
3bills or claims. This part shall not preclude local agencies from
4purchasing or acquiring any communication equipment from
5companies other than the telephone service suppliers.
Section 5066 of the Vehicle Code is amended to read:
(a) The department, in conjunction with the California
9Highway Patrol, shall design and make available for issuance
10pursuant to this article the California memorial license plate.
11Notwithstanding Section 5060, the California memorial license
12plate may be issued in a combination of numbers or letters, or both,
13as requested by the applicant for the plates. A person described in
14Section 5101, upon payment of the additional fees set forth in
15subdivision (b), may apply for and be issued a set of California
16memorial license plates.
17(b) In addition to the regular fees for an original registration or
18renewal of registration, the following additional fees shall be paid
19for the issuance,
renewal, retention, or transfer of the California
20memorial license plates authorized pursuant to this section:
21(1) For the original issuance of the plates, fifty dollars ($50).
22(2) For a renewal of registration of the plates or retention of the
23plates, if renewal is not required, forty dollars ($40).
24(3) For transfer of the plates to another vehicle, fifteen dollars
25($15).
26(4) For each substitute replacement plate, thirty-five dollars
27($35).
28(5) In addition, for the issuance of an environmental license
29plate, as defined in Section 5103, the additional fees required
30pursuant to Sections 5106 and 5108
shall be deposited
31proportionately in the funds described in subdivision (c).
32(c) The department shall deposit the additional revenue derived
33from the issuance, renewal, transfer, and substitution of California
34memorial license plates as follows:
35(1) Eighty-five percent in the Antiterrorism Fund, which is
36hereby created in the General Fund.
37(A) Upon appropriation by the Legislature, one-half of the
38money in the fund shall be allocated by the Controller to the Office
39of Emergency Services to be used solely for antiterrorism activities.
40The office shall not use more than 5 percent of the money
P100 1appropriated for local antiterrorism efforts for administrative
2purposes.
3(B) Upon appropriation by the Legislature in the annual Budget
4Act or in another statute, one-half of the money in the fund shall
5be used solely for antiterrorism activities.
6(2) Fifteen percent in the California Memorial Scholarship Fund,
7which is hereby established in the General Fund. Money deposited
8in this fund shall be administered by the Scholarshare Investment
9Board, and shall be available, upon appropriation in the annual
10Budget Act or in another statute, for distribution or encumbrance
11by the board pursuant to Article 21.5 (commencing with Section
1270010) of Chapter 2 of Part 42 of the Education Code.
13(d) The department shall deduct its costs to administer, but not
14to develop, the California memorial license plate program. The
15department may utilize an amount of
money, not to exceed fifty
16thousand dollars ($50,000) annually, derived from the issuance,
17renewal, transfer, and substitution of California memorial license
18plates for the continued promotion of the California memorial
19license plate program of this section.
20(e) For the purposes of this section, “antiterrorism activities”
21means activities related to the prevention, detection, and emergency
22response to terrorism that are undertaken by state and local law
23enforcement, fire protection, and public health agencies. The funds
24provided for these activities, to the extent that funds are available,
25shall be used exclusively for purposes directly related to fighting
26terrorism. Eligible activities include, but are not limited to, hiring
27support staff to perform administrative tasks, hiring and training
28additional law enforcement, fire protection, and
public health
29personnel, response training for existing and additional law
30enforcement, fire protection, and public health personnel, and
31hazardous materials and other equipment expenditures.
32(f) Beginning January 1, 2007, and each January 1 thereafter,
33the department shall determine the number of currently outstanding
34and valid California memorial license plates. If that number is less
35than 7,500 in any year, then the department shall no longer issue
36or replace those plates.
Section 21166 of the Water Code is amended to
38read:
Notwithstanding any other provision of law, a director,
2for sitting on the board or acting under its orders, may receive
3either or both of the following:
4(a) (1) Except as specified in paragraphs (2) and (3),
5compensation not to exceed one hundred dollars ($100) per day,
6not exceeding six days in any calendar month.
7(2) In districts that produce or
distribute electric power, one of
8the following methods of compensation:
9(A) Compensation not to exceed one hundred dollars ($100)
10per day.
11(B) A monthly salary of not to exceed six hundred dollars ($600)
12per month.
13(C) Annual compensation not to exceed fifteen thousand dollars
14($15,000). Any annual compensation pursuant to this subparagraph
15shall be fixed by the adoption of an ordinance pursuant to Sections
1620203 to 20207, inclusive.
17(3) Districts containing 500,000 acres or more are governed by
18Section 22840.
19(b) Actual and necessary expenses when acting under the orders
20of the board.
21For purposes of this section, the determination of whether a
22
director’s activities on any specific day are compensable shall be
23made pursuant to Article 2.3 (commencing with Section 53232)
24of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
25Code. Reimbursement for these expenses is subject to Sections
2653232.2 and 53232.3 of the Government Code.
Section 30507 of the Water Code is amended to
28read:
Each director may receive compensation in an amount
30not to exceed one hundred dollars ($100) per day for each day’s
31attendance at meetings of the board or for each day’s service
32rendered as a director by request of the board, not exceeding a
33total of six days in any calendar month. Each director may also
34receive reimbursement for any expenses incurred in the
35performance of his or her duties required or
authorized by the
36board. For purposes of this section, the determination of whether
37a director’s activities on any specific day are compensable shall
38be made pursuant to Article 2.3 (commencing with Section 53232)
39of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
P102 1Code. Reimbursement for these expenses is subject to Sections
253232.2 and 53232.3 of the Government Code.
Section 30507.1 of the Water Code is amended to
4read:
Each director of the Contra Costa Water District may
6receive compensation in an amount not to exceed one hundred
7dollars ($100) per day for each day’s attendance at meetings of
8the board and for each day’s service rendered as a director by
9request of the board, not exceeding a total of 10 days in any
10calendar month. Each director may also receive reimbursement
11for any expenses incurred in the
performance of duties required
12or authorized by the board. For purposes of this section, the
13determination of whether a director’s activities on any specific
14day are compensable shall be made pursuant to Article 2.3
15(commencing with Section 53232) of Chapter 2 of Part 1 of
16Division 2 of Title 5 of the Government Code. Reimbursement for
17these expenses is subject to Sections 53232.2 and 53232.3 of the
18Government Code.
Section 34741 of the Water Code is amended to
20read:
Until their compensation is fixed by the adoption of
22bylaws, the officers may receive the following compensation for
23their services:
24(a) The secretary, tax collector, treasurer, and assessor, such
25sums as shall be fixed by the board.
26(b) Each director may receive compensation in an amount
not
27to exceed one hundred dollars ($100) per day for each day’s
28attendance at meetings of the board or for each day’s service
29rendered as a director by request of the board, not exceeding a
30total of six days in any calendar
month. Each director may also
31receive reimbursement for any expenses incurred in the
32performance of his or her duties required or authorized by the
33board. For purposes of this section, the determination of whether
34a director’s activities on any specific day are compensable shall
35be made pursuant to Article 2.3 (commencing with Section 53232)
36of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
37Code. Reimbursement for these expenses is subject to Sections
3853232.2 and 53232.3 of the Government Code.
Section 40355 of the Water Code is amended to
40read:
(a) A director, when sitting on the board or acting under
2its orders, may receive not exceeding:
3(1) One hundred dollars ($100) per day, not exceeding six days
4in any calendar month.
5(2) Actual and necessary expenses while engaged in official
6business under the order of the board.
7(b) For purposes of this section, the determination of whether
8a director’s activities on any specific day are compensable shall
9be made pursuant to Article 2.3
(commencing with Section 53232)
10of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
11Code.
12(c) Reimbursement for these expenses is subject to Sections
1353232.2 and 53232.3 of the Government Code.
Section 50605 of the Water Code is amended to
15read:
(a) Each member of the board may receive such
17compensation for services actually and necessarily performed as
18the board determines to be just and reasonable, and may be
19reimbursed for expenses necessarily incurred in the performance
20of his duties as trustee.
21(b) For purposes of this section, the determination of whether
22a director’s
activities on any specific day are compensable shall
23be made pursuant to Article 2.3 (commencing with Section 53232)
24of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
25Code. Reimbursement for these expenses is subject to Sections
2653232.2 and 53232.3 of the Government Code.
Section 56031 of the Water Code is amended to
28read:
The district board may fix the amount of compensation
30per meeting to be paid each member of the board for his or her
31services for each meeting attended by him or her; provided, that
32the compensation shall not exceed ten dollars ($10) for each
33meeting of the district board attended by him or her. The board
34may also authorize a member to be reimbursed for expenses
35necessarily incurred by him or
her in traveling between his or her
36place of residence and the place of meeting. However, no member
37shall receive compensation for attending more than three meetings
38of the board during any calendar month. This compensation shall
39be in addition to any other fees or compensation allowed by law
40for the other official positions specified in Section 56030 that are
P104 1occupied by members of the district board. For purposes of this
2section, the determination of whether a director’s activities on any
3specific day are compensable shall be made pursuant to Article
42.3 (commencing with Section 53232) of Chapter 2 of Part 1 of
5Division 2 of Title 5 of the Government Code. Reimbursement for
6these expenses is subject to Sections 53232.2 and 53232.3 of the
7Government Code.
Section 60143 of the Water Code is amended to
9read:
Each director may receive compensation in an amount
11not exceeding one hundred dollars ($100) for each day’s attendance
12at meetings of the board or for each day’s service rendered as a
13director by request of the board, not exceeding a total of six days
14in any calendar month. Each director may also receive
15reimbursement for any expenses incurred in the performance of
16his or her duties required or
authorized by the board. For purposes
17of this section, the determination of whether a director’s activities
18on any specific day are compensable shall be made pursuant to
19Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
201 of Division 2 of Title 5 of the Government Code. Reimbursement
21for these expenses is subject to Sections 53232.2 and 53232.3 of
22the Government Code.
Section 70078 of the Water Code is amended to
24read:
Each member of the board may receive compensation
26for services actually and necessarily performed, as the board
27determines to be just and reasonable, and may be reimbursed for
28expenses necessarily incurred in the performance of his or her
29duties as director. The salaries of all officers and employees of the
30district shall be fixed and determined by the directors. The board
31of directors shall fix the compensation that
the election officers
32shall receive for district elections. For purposes of this section, the
33determination of whether a director’s activities on any specific
34day are compensable shall be made pursuant to Article 2.3
35(commencing with Section 53232) of Chapter 2 of Part 1 of
36Division 2 of Title 5 of the Government Code. Reimbursement for
37these expenses is subject to Sections 53232.2 and 53232.3 of the
38Government Code.
Section 71255 of the Water Code is amended to
40read:
Each director may receive compensation in an amount
2not to exceed one hundred dollars ($100) per day for each day’s
3attendance at meetings of the board or for each day’s service
4rendered as a director by request of the board, not exceeding a
5total of six days in any calendar month. Each director may also
6receive reimbursement for any expenses incurred in the
7performance of his or her duties required or
authorized by the
8board. For purposes of this section, the determination of whether
9a director’s activities on any specific day are compensable shall
10be made pursuant to Article 2.3 (commencing with Section 53232)
11of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
12Code. Reimbursement for these expenses is subject to Sections
1353232.2 and 53232.3 of the Government Code.
Section 74208 of the Water Code is amended to
15read:
Each director may receive compensation in an amount
17not to exceed one hundred dollars ($100) per day for each day’s
18attendance at meetings of the board or for each day’s service
19rendered as a director by request of the board, not exceeding a
20total of six days in any calendar month. Each director may also
21receive reimbursement for any expenses incurred in the
22performance of his or her duties required or
authorized by the
23board. 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.
Section 656.2 of the Welfare and Institutions Code
31 is amended to
read:
(a) (1) Notwithstanding any other law, a victim shall
33have the right to present a victim impact statement in all juvenile
34court hearings concerning petitions filed pursuant to Section 602
35alleging the commission of any criminal offense. In any case in
36which a minor is alleged to have committed a criminal offense,
37the probation officer shall inform the victim of the rights of victims
38to submit a victim impact statement. If the victim exercises the
39right to submit a victim impact statement to the probation officer,
40the probation officer is encouraged to include the statement in his
P106 1or her social study submitted to the court pursuant to Section 706
2and, if applicable, in his or her report
submitted to the court
3pursuant to Section 707. The probation officer also shall advise
4those persons as to the time and place of the disposition hearing
5to be conducted pursuant to Sections 702 and 706; any fitness
6hearing to be conducted pursuant to Section 707, and any other
7judicial proceeding concerning the case.
8(2) The officer shall also provide the victim with information
9concerning the victim’s right to an action for civil damages against
10the minor and his or her parents and the victim’s opportunity to
11be compensated from the restitution fund. The information shall
12be in the form of written material prepared by the Judicial Council
13and shall be provided to each victim for whom the probation officer
14has a current mailing address.
15(b) Notwithstanding any other law, the persons
from whom the
16probation officer is required to solicit a statement pursuant to
17subdivision (a) shall have the right to attend the disposition hearing
18conducted pursuant to Section 702 and to express their views
19concerning the offense and disposition of the case pursuant to
20Section 706, to attend any fitness hearing conducted pursuant to
21Section 707, and to be present during juvenile proceedings as
22provided in Section 676.5.
23(c) (1) Notwithstanding any other law, in any case in which a
24minor is alleged to have committed an act subject to a fitness
25hearing under Section 707, the victim shall have the right to be
26informed of all court dates and continuances pertaining to the case,
27and shall further have the right to obtain copies of the charging
28petition, the minutes of the proceedings, and orders of adjudications
29
and disposition of the court that are contained in the court file. The
30arresting agency shall notify the victim in a timely manner of the
31address and telephone number of the juvenile branch of the district
32attorney’s office that will be responsible for the case and for
33informing the victim of the victim’s right to attend hearings and
34obtain documents as provided in this section. The district attorney
35shall, upon request, inform the victim of the date of the fitness
36hearing, the date of the disposition hearing, and the dates for any
37continuances of those hearings, and shall inform the court if the
38victim seeks to exercise his or her right to obtain copies of the
39documents described in this subdivision.
P107 1(2) Where the proceeding against the minor is based on a felony
2that is not listed in Section 676, a victim who obtains information
3about
the minor under this subdivision shall not disclose or
4disseminate this information beyond his or her immediate family
5or support persons authorized by Section 676, unless authorized
6to do so by a judge of the juvenile court, and the judge may suspend
7or terminate the right of the victim to access to information under
8this subdivision if the information is improperly disclosed or
9disseminated by the victim or any members of his or her immediate
10family. The intentional dissemination of documents in violation
11of this subdivision is a misdemeanor and shall be punished by a
12fine of not more than five hundred dollars ($500). Documents
13released by the court to a victim pursuant to this section shall be
14stamped as confidential and with a statement that the unlawful
15dissemination of the documents is a misdemeanor punishable by
16a fine of not more than five hundred dollars ($500).
17(d) Upon application of the district attorney for good cause and
18a showing of potential danger to the public, the court may redact
19any information contained in any documents released by the court
20to a victim pursuant to this section.
21(e) For purposes of this section, “victim” means the victim, the
22parent or guardian of the victim if the victim is a minor, or, if the
23victim has died, the victim’s next of kin.
On July 1, 2013, the remaining balance, assets,
26liabilities, revenue, and expenditures of the Industrial Relations
27Construction Industry Enforcement Fund shall be transferred to
28the Labor Enforcement and Compliance Fund.
The Legislature finds and declares that Section 4 of
30this act, which adds Section 6252.8 to the Government Code,
31imposes a limitation on the public’s right of access to the meetings
32of public bodies or the writings of public officials and agencies
33within the meaning of Section 3 of Article I of the California
34Constitution. Pursuant to that constitutional provision, the
35Legislature makes the following findings to demonstrate the interest
36protected by this limitation and the need for protecting that interest:
37The interest being protected is the strong
interest of the
38Legislature in allowing, to the extent possible, local agencies to
39control the manner in which they perform their public duties,
P108 1including, but not limited to, the manner in which they comply
2with the spirit and purpose of the California Public Records Act.
The amendments made by this act to Sections 8592.1,
58592.5, 8592.7, 11542, 14615.1, 15251, 15253, 15254, 15275,
615277, 53108.5, 53114.1, 53115.1, and 53126.5 of the Government
7Code, Sections 12100, 12100.5, 12100.7, 12101, 12101.2, 12101.5,
812102, 12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108,
912109, 12112, 12120, 12125, 12126, and 12128 of the Public
10Contract Code, Sections 2872.5, 2892, and 2892.1 of the Public
11Utilities Code, Sections 41030, 41031, 41032, 41136, 41136.1,
1241137, 41137.1, 41138, 41139, 41140, 41141, and 41142
of the
13Revenue and Taxation Code, and the addition by this act of Section
14
11543 of, and Chapter 3 (commencing with Section 15278) to Part
156.5 of Division 3 of Title 2 of, the Government Code, and Sections
1612102.1 and 12102.2 to the Public Contract Code, and the repeal
17by this act of Section 12121 of the Public Contract Code shall be
18operative on July 1, 2013.
It is the intent of the Legislature in enacting the
21amendments made by this act to Section 23025 of the Government
22Code, Sections 1203, 13518.1, 13701, 13710, and 13730 of the
23Penal Code, and Section 656.2 of the Welfare and Institutions
24Code to relieve local entities of the duty to perform reimbursable
25activities, as determined by the Commission on State Mandates
26or other authorized entity, included in the following state-mandated
27local programs:
28(a) Deaf Teletype Equipment (04-LM-11).
29(b) Adult Felony Restitution (04-LM-08).
30(c) Pocket Masks (CSM-4291).
31(d) Domestic Violence Information (CSM-4442).
32(e) Victims’ Statements-Minors (04-LM-14).
If the Commission on State Mandates determines
34that this act contains costs mandated by the state, reimbursement
35to local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.
This act is a bill providing for appropriations related
40to the Budget Bill within the meaning of subdivision (e) of Section
P109 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.
O
97