BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                 UNFINISHED BUSINESS

          Bill No:  SB 71
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  6/19/13
          Vote:     21


           ASSEMBLY FLOOR  :  54-25, 06/20/13 - See last page for vote

           SUBJECT  :    Budget Act of 2013:  General Government Omnibus  
          Trailer Bill

           SOURCE  :     Author

           DIGEST  :    This bill makes various statutory changes necessary  
          to implement the general government-related provisions of the  
          Budget Act of 2013.

           Assembly Amendments delete the prior version of the bill and  
          insert the current language to provide the necessary statutory  
          changes in the area of general government in order to enact the  
          Budget Act of 2013.

           ANALYSIS  :    This bill includes the following key changes:
            1. Authorizes the Bureau of Private Postsecondary Education  
             (Bureau) to regulate currently exempted private postsecondary  
             educational institutions that apply to be subject to the  
             Bureau's oversight.  This ensures these institutions' ability  
             to participate in federal student aid programs, and includes  


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             a sunset date of January 1, 2015. 

           2. Reduces the amount of bonded indebtedness authorized under  
             the Public Education Facilities Bond Act of 1996, by $12.9  
             million and repeals the authority of the Director of General  
             Services and the Public Works Board to issue up to $391  
             million in financing securities for facilities in the Capital  
             Area Plan. 

           3. Creates the Women and Girls Fund for all fundraising efforts  
             by the Commission on the Status of Women and Girls including  
             gifts or donations. 

           4. Transfers the Public Safety Communications Office from the  
             Department of Technology to the Office of Emergency Services.  

           5. Specifies that funds in the Disaster Response-Emergency  
             Operations Account shall not be expended for conditions in  
             the state's prisons, medical facilities, or youth  
             correctional facilities resulting solely from the action or  
             inaction of the Department of Corrections and Rehabilitation  
             in administering those facilities. 

           6. Transfers responsibility for information technology  
             procurement from the Department of General Services (DGS) to  
             the Department of Technology. 

           7. Creates a grant program in the California Victim  
             Compensation and Government Claims Board (CVCGCB) to provide  
             $2 million per year from the Restitution Fund, subject to  
             appropriation by the Legislature, to Trauma Recovery Centers.  
             Trauma Recovery Centers provide services directly to victims  
             rather than requiring them to independently navigate the  
             process of claiming benefits from the CVCGCB. 

           8. Updates references to the California Emergency Management  
             Agency to recognize the name change to the Office of  
             Emergency Services.  Allows the use of antiterrorism funds  
             from license plate revenues (instead of the General Fund) in  
             support of California Specialized Training Institute. 

           9. Authorizes the DGS to structure, administer, and maintain  
             the Golden State Financial Marketplace Program (GS $Mart  



                                                                      SB 71

             Program).  Requires DGS to report annually to the Joint  
             Legislative Budget Committee, the State Treasurer's Office,  
             and the Department of Finance on the progress of the GS $Mart  

           10.Authorizes the State Personnel Board (SPB) to bill  
             departments on a pro-rata basis for the costs of its  
             Compliance Review Audit Program and requires the SPB to  
             report on an annual basis regarding the audit and special  

           11.Requires the Department of Human Resources (CalHR) to submit  
             two reports to the Legislature reviewing the additional  
             appointments by state agencies for supervisors, and rank and  
             file employees.  Requires the SPB to submit a report on the  
             policies and practices included in the Personnel Management  
             Policy and Procedures Manual. 

           12.Repeals five mandates by making them permissive; these five  
             mandates have been suspended in the Budget each year since  

           13.Removes California Earthquake Authority's limit on civil  
             service positions. 

           14.Eliminates the sunset dates and increases the annual revenue  
             caps of the Occupational Safety and Health Fund (OSH Fund)  
             and the Labor Enforcement and Compliance Fund, allowing the  
             Department of Industrial Relations (DIR) to enforce laws that  
             protect employees and the public. 

           15.Eliminates the Targeted Inspection and Consultation Fund and  
             provides a loan from the fund to the Compliance Monitoring  
             Unit, to be repaid to the OSH Fund. 

           16.Clarifies reforms to the Workers' Compensation program as  
             required by SB 863 (De León, Chapter 363, Statutes of 2012)  
             including that new programs apply to workers injured on or  
             after January 1, 2013. 

           17.Eliminates the High Hazard Assessment and shifts the  
             assessment into the Occupational Health and Safety Fund,  
             streamlining assessment collection for both employers and the  



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           18.Prohibits the Honda Center, which is located in an  
             enterprise zone in Southern California, from obtaining  
             additional hiring credits if they lay off workers and later  
             rehire workers for lower wages and benefits. 

           19.Stabilizes funding for the Compliance Monitoring Unit, which  
             enforces prevailing wage requirements on public construction  
             projects, by allowing costs of monitoring to be covered by  
             non-bond funds that are used for projects. 

           20.Directs the DIR to use its statutory authority to approve a  
             fee by March 31, 2014, to support an increase in funding and  
             at least 15 new positions for the Process Safety Unit, which  
             inspects oil refineries and chemical plants. 

           21.Allows state agency contracts for services under $150,000 to  
             be exempt from approval by the DGS if the agency complies  
             with certain requirements. 

           22.Adds the Secretary of Business, Consumer Services, and  
             Housing to the Strategic Growth Council. 

           23.Contains an appropriation allowing this bill to take effect  
             immediately upon enactment. 

          The provisions in this bill are identical to AB 76 (Assembly  
          Budget Committee), which was passed by the Assembly on June 14,  
          2013, with the following exceptions: 

           1. Preserves existing law relating to California Public Records  
             Act by removing amendments contained in AB 76 that would have  
             made portions of the California Public Records Act  

           2. Preserves existing law relating to the Local Government  
             Ethics Training Requirements by removing amendments contained  
             in AB 76 that would have made portions of the compensation  
             and reimbursement activities permissive for specified local  

          Additionally, this bill enacts various provisions to support the  



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          2013 Budget Act, and among other things, creates the Women and  
          Girls Fund, requires reporting on additional appointments by the  
          CalHR, and directs the DIR to increase oil refinery and chemical  
          plant inspections.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

           ASSEMBLY FLOOR  : 54-25, 06/20/13
          AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,  
            Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray,  
            Hall, Roger Hernández, Holden, Jones-Sawyer, Levine,  
            Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian,  
            Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams,  
            Yamada, John A. Pérez
          NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth 
          Gaines, Gorell, Grove, Hagman, Harkey, Jones, Linder, Logue,  
            Maienschein, Mansoor, Melendez, Morrell, Nestande, Olsen,  
            Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED: Vacancy

          MW/JA:dk  6/20/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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