Bill Text: CA AB1608 | 2015-2016 | Regular Session | Amended
Bill Title: State government.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB1608 Detail]
Download: California-2015-AB1608-Amended.html
BILL NUMBER: AB 1608 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper,
Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez,
Thurmond, Wilk, and Williams)
JANUARY 7, 2016
An act to amend Sections 655, 2556.1, 2556.2, 3010.5, 3011, 3013,
and 3020 of the Business and Professions Code, to amend Sections
846.1 and 1789.37 of the Civil Code, to amend Sections 77, 1345,
1346, 1370, 1371, 1375, 1379, and 1563 of the Code of Civil
Procedure, to amend Sections 12117, 17295, 24618, 68121, 70010.1,
70010.5, 76300, 81133, and 89750.5 of the Education Code, to amend
Sections 1122 and 15512 of the Fish and Game Code, to amend Sections
3955, 14978.2, and 52295 of the Food and Agricultural Code, to amend
Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5, 915,
920, 925, 925.4, 925.6, 926, 926.2, 926.4, 926.6, 927.13, 935.6,
935.7, 940.2, 965, 965.1, 965.5, 997.1, 998.2, 1151, 3515.7, 6254.17,
6276.08, 7599.2, 8652, 8902, 11007.6, 11014, 11030.1, 11030.2,
11031, 11125.7, 11125.8, 11270, 11270.1, 11274, 11275, 11852, 11854,
11860, 11862, 11864, 11870, 11872, 11874, 11880, 11890, 11892, 11894,
12432, 12803.2, 13300, 13300.5, 13332.02, 13332.03, 13332.09, 13900,
13901, 13905, 13909, 13951, 13972, 13973, 13974, 13974.1, 13974.5,
13995.40, 14084, 14600, 15202, 16302.1, 16304.6, 16383, 16431,
17051.5, 17201, 18708, 19815.4, 20163, 21223, 21265, 22910, 22911,
26749, 68503, 68506, 68543, 68543.5, 68543.8, and 68565 of, to amend
the heading of Article 5 (commencing with Section 11890) of Chapter
10 of Part 1 of, and to amend the heading of Part 4 (commencing with
Section 13900) of, Division 3 of Title 2 of, to amend and renumber
Sections 13920, 13923, 13928, 13940, 13941, 13942, 13943, 13943.1,
13943.2, 13943.3, and 13944 of, to amend, repeal, and add Section
17518.5 of, to repeal Sections 11276 and 11277 of, to add Sections
11893, 11895, 14659, 14659.01, 14659.02, 14659.03, 14659.04,
14659.05, 14659.06, and 14659.07 to, to add Article 5.2 (commencing
with Section 9112) to Chapter 1.5 of Part 1 of Division 2 of, and to
add Article 3.5 (commencing with Section 14691) to Chapter 2 of Part
5.5 of Division 3 of, Title 2 of, to add the heading of Article 2.5
(commencing with Section 12433) to Chapter 5 of Part 2 of, and to add
the heading of Article 1.1 (commencing with Section 14659) to
Chapter 2 of Part 5.5 of, Division 3 of Title 2 of, the Government
Code, to amend Sections 1492, 11502, 13052, 25372, 25373, 25374,
25375, 25375.5, 25376, 25377, 25379, 25380, 25381, 25382, and 121270
of, and to repeal Section 25370 of, the Health and Safety Code, to
amend Sections 11580.1 and 11872 of the Insurance Code, to amend
Sections 1308.10, 1684, 1698, 1700.18, 1706, 1720.9, 2059, 2065,
2658, 2699, 4724, 4725, 4726, 6507, 7311.4, 7314, 7315, 7340, 7341,
7342, 7343, 7344, 7345, 7346, 7347, 7348, 7350, 7351, 7352, 7353,
7354, 7354.5, 7356, 7357, 7373, 7720, 7721, 7722, 7904, 7924, 7929,
7991, 8001, 8002, 9021.6, and 9021.9 of, to amend the heading of
Chapter 4 (commencing with Section 7340) of Part 3 of Division 5 of,
to amend, repeal, and add Section 2699.3 of, to add Section 1308.11
to, to repeal Section 9021.7 of, and to repeal and add Section 7380
of, the Labor Code, to amend Sections 422.92, 600.2, 600.5, 851.8,
851.865, 987.9, 1191.15, 1191.2, 1202.4, 1202.41, 1214, 1463.02,
1485.5, 1485.55, 1557, 2085.5, 2085.6, 2786, 4900, 4901, 4902, 4904,
4905, 4906, 11163, 11172, 13835.2, and 14030 of the Penal Code, to
amend Sections 216 and 9202 of the Probate Code, to amend Sections
10301, 10306, 10308, 10311, 10326.2, and 12102.2 of the Public
Contract Code, to amend Sections 4116, 4602.6, 5093.68, and 30171.2
of, and to add Chapter 6.7 (commencing with Section 21189.50) to
Division 13 of, the Public Resources Code, to amend Sections 17059.2,
23636, and 23689 of the Revenue and Taxation Code, to amend Section
30162 of the Streets and Highways Code, to amend Sections 1095 and
14013 of the Unemployment Insurance Code, and to amend Sections
1752.81, 1752.82, 4461, 11212, 14171.5, 14171.6, and 15634 of the
Welfare and Institutions Code, relating to state government, and
making an appropriation therefor, to take effect immediately, bill
related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1608, as amended, Committee on Budget. State government.
(1) Existing law requires the State Board of Optometry to be
responsible for the registration and regulation of nonresident
contact lens sellers and dispensing opticians. Existing law
authorizes a registered dispensing optician or optical company to
operate, own, or have an ownership interest in a health plan, defined
as a licensed health care service plan, and authorizes an
optometrist, a registered dispensing optician, an optical company, or
a health plan to execute a lease or other written agreement giving
rise to a direct or indirect landlord-tenant relationship with an
optometrist if specified conditions are contained in a written
agreement. Existing law authorizes the board to inspect, upon
request, an individual lease agreement and authorizes personal
information, as defined, to be redacted from the lease agreement
prior to submission of the lease agreement to the board. Existing law
makes a violation of these provisions a crime.
This bill would, notwithstanding any other law and in addition to
any action available to the board, authorize the board to issue a
citation containing an order of abatement, an order to pay an
administrative fine not to exceed $50,000, or both, as specified, for
a violation of a specific section of law. The bill would require the
full amount of the assessed fine to be added to the fee for renewal
of a license and would prohibit the license from being renewed
without payment of both the renewal fee and the fine. The bill, among
other things, would also delete the authorization to redact personal
information from a lease agreement, and would, therefore, expand an
existing crime resulting in the imposition of a state-mandated local
program.
(2) Existing law requires any health plan, defined as a licensed
health care service plan, to report to the board, among other things,
that 100% of its locations no longer employ an optometrist by
January 1, 2019. Existing law makes a violation of this provision a
crime.
This bill would instead require a registered dispensing optician
or optical company that owns a health plan to meet certain
milestones, including that 100% of its locations no longer employ
optometrists by January 1, 2019, and report to the board whether
those milestones have been met within 30 days of each milestone. The
bill would also, notwithstanding any other law and in addition to any
action available to the board, authorize the board to issue a
citation containing an order of abatement, an order to pay an
administrative fine not to exceed $50,000, or both, as specified, for
a violation of a specific section of law. The bill would require the
full amount of the assessed fine to be added to the fee for renewal
of a license and would prohibit the license from being renewed
without payment of both the renewal fee and the fine. By placing new
requirements on a registered dispensing optician or optical company,
this bill would expand an existing crime, and would, therefore,
impose a state-mandated local program.
(3) Under existing law, the Optometry Practice Act, the board
consists of 11 members, 5 of whom are public members, 3 appointed by
the Governor and one each appointed by the Senate Committee on Rules
and the Speaker of the Assembly, and 6 of whom are nonpublic members
appointed by the Governor. Existing law requires one of those
nonpublic members to be a registered dispensing optician and requires
the initial appointment of that member to replace the optometrist
member whose term expired on June 1, 2015.
This bill, for appointments made on or after January 1, 2016,
would authorize the Governor to appoint a spectacle lens dispenser or
contact lens dispenser as that member.
(4) Existing law establishes a dispensing optician committee under
the board, requires the committee to advise and make recommendations
to the board regarding the regulation of dispensing opticians
pursuant to the act, and tasks the committee with recommending
registration standards and criteria for the registration of
dispensing opticians and reviewing the disciplinary guidelines
relating to registered dispensing opticians. Existing law requires
the committee to consist of 2 registered dispensing opticians, 2
public members, and one member of the board.
This bill, as of January 1, 2016, would instead require one of
those registered dispensing optician members to be a spectacle lens
dispenser or a contact lens dispenser, would require the committee to
additionally advise the board regarding the regulation of spectacle
lens dispensers and contact lens dispensers, and would additionally
task the committee with recommending registration standards and
criteria for the registration of those dispensers and nonresident
contact lens sellers and reviewing the disciplinary guidelines
relating to those dispensers and nonresident contact lens sellers.
(5) Existing law establishes a system of public elementary and
secondary education in this state in which local educational agencies
provide instruction in kindergarten and grades 1 to 12, inclusive,
in the public elementary and secondary schools. Existing law also
establishes the California Community Colleges, under the
administration of the Board of Governors of the California Community
Colleges, and authorizes community college districts throughout the
state to provide instruction at the campuses they operate.
With respect to facilities for both public elementary and
secondary schools and for community colleges, existing law requires
that the Department of General Services pass upon and approve or
reject all plans for the construction of, or, if the estimated cost
exceeds $25,000, the alteration of, any school building. Existing law
also requires, where the estimated cost of the reconstruction or
alteration of, or an addition to, any school building exceeds
$25,000, but does not exceed $100,000, that a licensed structural
engineer examine the proposed project to determine if it is a
nonstructural alteration or a structural alteration, as specified.
Existing law authorizes the Department of General Services to
increase the dollar amounts referenced above on an annual basis,
commencing on January 1, 1999, according to an inflationary index
governing construction costs that is selected and recognized by the
department.
This bill would increase from $25,000 to $100,000 the estimated
cost threshold for the requirement that the Department of General
Services pass upon and approve or reject all plans for the
construction or alteration of any school building. The bill would
also increase the amounts in existing law so that, where the
estimated cost of the reconstruction or alteration of, or an addition
to, any school building exceeds $100,000, but does not exceed
$225,000, a licensed structural engineer would be required to examine
the proposed project as specified. The bill would authorize the
Department of General Services to increase these dollar amounts on an
annual basis, commencing on January 1, 2018, according to an
inflationary index governing construction costs as referenced above.
(6) Existing law creates the Central Service Cost Recovery Fund,
and provides for the deposit into that fund of amounts equal to the
fair share of administrative costs due and payable from state
agencies, and directs that moneys in the Central Service Cost
Recovery Fund be appropriated for the administration of the state
government, as determined by the Director of Finance. Existing law
requires the Department of Finance to certify annually to the
Controller the amount determined to be the fair share of
administrative costs due and payable from each state agency, and
requires the Controller to transmit to each state agency from which
administrative costs have been determined or redetermined to be due,
a statement in writing setting forth the amount of the administrative
costs due from the state agency and stating that, unless a written
request to determine the payment is filed by the state agency, the
Controller will transfer the amount of the administrative costs, or
advance for administrative costs, from the special fund or funds
charged to the Central Service Cost Recovery Fund or the General
Fund, as specified. Existing law requires the Controller to transfer
1/4 the amount determined on August 15, November 15, February 15, and
May 15 of each fiscal year, as specified.
This bill would instead authorize the Department of Finance to
allocate and charge a fair share of the administrative costs to all
funds directly, and would require the department to certify to the
Controller the amount determined to be the fair share of the
administrative costs due and payable from each fund. This bill would
eliminate the requirement that the Controller forward the
determination of administrative costs to each state agency, and would
require the Controller, upon order of the department, to transfer
the amount of administrative costs, or advance for administrative
costs, from special and nongovernmental cost funds to the Central
Service Cost Recovery Fund or the General Fund. The bill would
additionally authorize the Department of Finance to direct the
Controller to advance a reasonable amount for administrative costs
from a fund at any time during the year, as specified.
(7) Existing law requires a state agency if, upon receipt of the
statement by the Controller, the state agency does not have funds
available for the payment of the administrative costs, to notify the
Controller and provide a written request to defer payment of those
administrative costs, as specified.
This bill would instead require the Controller to notify the
Department of Finance if a fund has an insufficient balance for the
payment of the administrative costs, for direction by the department
on affecting the transfer and its timing, and would make conforming
changes.
(8) The Financial Information System for California (FISCal) Act
establishes the FISCal system, a single integrated financial
management system for the state. The act establishes the FISCal
Service Center and the FISCal project office to exist concurrently
during the phased implementation of the FISCal system and requires
the FISCal Service Center, upon full implementation and final
acceptance of the FISCal system, to perform all maintenance and
operation of the FISCal system. The act further establishes a FISCal
Executive Partner who has responsibilities for the functions of the
FISCal project office and the FISCal Service Center. The act requires
the FISCal project office, subject to the approval of the Department
of Finance, to establish and assess fees and a payment schedule for
state departments and agencies to use or interface with the system,
including fees to recover the costs of the FISCal system.
This bill would replace the FISCal Service Center with the
Department of FISCal, with specified duties, make conforming changes,
and would eliminate the FISCal Executive Partner and establish the
Director of FISCal, who would be appointed by, and serve at the
pleasure of, the Governor, subject to Senate confirmation. The bill
would modify the requirement of the FISCal system to have a state
budget transparency component. The bill would locate the department
within the Government Operations Agency upon the acceptance of the
system by the state, as determined by the Director of Finance. The
bill would modify the fees assessed on state departments and agencies
to pay for the design, development, and implementation of the
system, as specified, and require administrative costs to the
allocated and recovered in a specified manner.
(9) Existing law authorizes the Controller, until June 30, 2016,
to procure, modify, and implement a new human resource management
system that meets the needs of a modern state government, known as
the 21st Century Project.
This bill would extend that authorization for one year, until June
30, 2017.
(10) The California Tourism Marketing Act authorizes the
establishment of the California Travel and Tourism Commission, as a
separate, independent California nonprofit mutual benefit
corporation, for the purpose of promoting tourism in California, as
specified. The act requires the commission to be composed of the
Director of the Governor's Office of Business and Economic
Development, who serves as the chairperson, 12 commissioners
appointed by the Governor, as specified, and 24 commissioners
selected by industry category in a referendum, as specified. The act
further requires the commissioners to elect a vice chairperson from
the 24 industry selected commissioners and authorizes the director to
remove any elected commissioner following a hearing at which the
commissioner is found guilty of abuse of office or moral turpitude.
This bill would instead require the 12 commissioners who are
appointed by the Governor to elect the chairperson and the 24
industry-selected commissioners to elect the vice chairperson.
(11) Existing law establishes, within the Government Operations
Agency, the California Victim Compensation and Government Claims
Board with various duties that include, among others, compensating
the victims and derivative victims of specified types of crimes for
losses suffered as a result of those crimes and processing certain
types of claims against the state. The board is composed of the
Secretary of Government Operations, or his or her designee, the
Controller, and one member who is appointed by, and serves at the
pleasure of, the Governor. Existing law specifies that any reference
in statute or regulation to the State Board of Control shall be
construed to refer to the California Victim Compensation and
Government Claims Board.
Existing law establishes, also within the Government Operations
Agency, the Department of General Services with various duties
providing centralized services for state entities, including, but not
limited to, construction and maintenance of state buildings and
property, and purchasing, printing, and architectural services.
This bill would generally transfer duties relating to government
claims and government accounts from the California Victim
Compensation and Government Claims Board to the Department of General
Services and the Controller, as specified, and make conforming
changes. The bill would rename the board the California Victim
Compensation Board and make conforming name changes in provisions
related to the board's remaining duties regarding the compensation of
victims and derivative victims of crimes.
The bill would authorize the Department of General Services to
assign any matter related to the statutory powers and duties
transferred by this bill to the Office of Risk and Insurance
Management or to any state office so designated and would require the
department to have a seal and to fix that seal to specified
documents.
(12) Existing law requires that various actions by the Controller
affecting state assets be approved by the California Victim
Compensation and Government Claims Board. Existing law requires that
a decision by a state agency to forgo collection of taxes, licenses,
fees, or moneys owed to the state that are $500 or less be approved
by the California Victim Compensation and Government Claims Board, as
specified.
This bill would remove those requirements to take these actions.
(13) Existing law requires claimants to pay a fee for filing
certain claims against the state. Existing law requires these fees to
be deposited into the General Fund and authorizes their
appropriation in support of certain items of the budget.
This bill would instead require those fees to be deposited into
the Service Revolving Fund and to be only available for the support
of the Department of General Services upon appropriation by the
Legislature.
(14) Existing law authorizes the California Victim Compensation
and Government Claims Board to assess a surcharge to a state entity
against which an approval claim was filed in an amount not to exceed
15% of the total approved claim.
This bill would repeal that authorization.
(15) Existing law requires the costs of administering the
California employees' annual charitable campaign fund drive be paid
by the agency that receives the contributions. Existing law requires
these amounts to be deposited into the General Fund.
This bill would instead require these amounts to be deposited into
the Service Revolving Fund and to be only available for the support
of the Department of General Services upon appropriation by the
Legislature.
(16) Under the California Constitution, whenever the Legislature
or a state agency mandates a new program or higher level of service
on any local government, including school districts, the state is
required to provide a subvention of funds to reimburse the local
government, with specified exceptions. Existing law establishes a
procedure for local governmental agencies to file claims for
reimbursement of these costs with the Commission on State Mandates.
If the commission determines there are costs mandated by the state,
existing law requires the commission to determine the amount to be
subvened to local agencies and school districts for reimbursement,
and in doing so, to adopt parameters and guidelines for reimbursement
of any claims. In adopting the parameters and guidelines, existing
law authorizes the commission to adopt a reasonable reimbursement
methodology, as specified.
This bill would, until July 1, 2019, require a reasonable
reimbursement methodology that is based on, in whole or in part,
costs that have been included in claims submitted to the Controller
for reimbursement to only use costs that have been audited by the
Controller, as provided. The bill would also require the Controller,
in coordination with the Commission on State Mandates and Department
of Finance, by October 1, 2018, to prepare a report to the
Legislature regarding implementation of the new reasonable
reimbursement process and for the hearings on the report to be held
in the appropriate policy committees of the Legislature.
(17) The Public Employees' Medical and Hospital Care Act (PEMHCA),
which is administered by the Board of Administration of the Public
Employees' Retirement System (board), authorizes the board to
contract for health benefit plans for employees and annuitants, as
defined. Under PEMHCA, the state and contracting agencies, as
defined, are required to contribute amounts sufficient to cover the
board's administrative costs to a specified account in the Public
Employees' Contingency Reserve Fund, expenditure of which is
contingent upon approval by the Department of Finance and the Joint
Legislative Budget Committee, as specified. Under PEMHCA, moneys from
health benefit plans for risk adjustment, reserve moneys from
terminated health benefit plans, and self-funded or minimum premium
plan premiums are deposited into the Public Employees' Health Care
Fund, which is continuously appropriated to pay benefits and claims
costs, administrative costs, refunds, and other costs determined by
the board.
This bill would condition the expenditure for administrative
expenses of moneys in the Public Employees' Health Care Fund or the
account for administrative expenses in the Public Employees'
Contingency Reserve Fund on approval in the annual Budget Act. The
bill would also discontinue the authorization for the use of moneys
in the Public Employees' Health Care Fund to pay other costs
determined by the board.
(18) Existing law establishes the Joint Rules Committee and
authorizes it to take specified actions as an investigatory committee
of the Legislature. Existing law requires the Joint Rules Committee
to allocate space in the State Capitol Building Annex, with certain
exceptions, in accordance with its determination of the needs of the
Legislature, as provided. Existing law vests control of the
maintenance and operation of the State Capitol Building Annex in the
Department of General Services. Existing law provides for the
expenditure of funds for the contingent and joint expenses of the
Senate and Assembly under or pursuant to the direction of the Joint
Rules Committee.
This bill would authorize the Joint Rules Committee to pursue the
construction of a state capitol building annex or the restoration,
rehabilitation, renovation, or reconstruction of the existing State
Capitol Building Annex. The bill would require that the work
performed pursuant to these provisions be administered and supervised
by the Department of General Services, subject to review by the
State Public Works Board, pursuant to an agreement with the Joint
Rules Committee. The bill would require the Department of General
Services to report to the Joint Rules Committee on the scope, budget,
delivery method, and schedule for any space to be constructed,
restored, rehabilitated, renovated, or reconstructed pursuant to
these provisions. The bill would exempt all work performed by the
Department of General Services pursuant to these provisions from the
State Contract Act. The bill would require that prevailing wages be
paid to all workers employed on a project that is subject to these
provisions. The bill would declare the intent of the Legislature
regarding capitol building annex projects.
Existing law authorizes the Director of General Services, if no
other agency is specifically authorized and directed, to acquire
title to real property in the name of the state whenever the
acquisition of real property is authorized or contemplated by law and
imposes various duties on the Department of General Services with
respect to the maintenance and operation of state buildings and
grounds. Existing law, the State Building Construction Act of 1955,
provides for the acquisition and construction of public buildings for
use by state agencies by the State Public Works Board, subject to
authorization by a separate act or appropriation enacted by the
Legislature.
This bill would establish the State Project Infrastructure Fund
and continuously appropriate the moneys in that fund for state
projects, as defined, and for the report and work described above
with respect to a new state capitol building annex or the existing
State Capitol Building Annex. The bill would subject the defined
state projects to the approval and administrative oversight by the
Department of Finance and the State Public Works Board and would
require the State Public Works Board to establish the scope, cost,
and delivery method for each state project. The bill would require
the Department of Finance, on behalf of the Department of General
Services, to provide specified notices to the Joint Legislative
Budget Committee, including a notice prior to the establishment of
the scope, cost, and delivery method by the State Public Works Board
describing the scope, budget, delivery method, expected tenants, and
schedule for any space to be constructed or renovated for each state
project. The bill would also require the Department of General
Services to submit, on a quarterly basis, a report on the status of
each state project established by the State Public Works Board to the
Joint Legislative Budget Committee and to the chairpersons of the
Senate Committee on Budget and Fiscal Review and the Assembly
Committee on Budget, as provided.
The California Environmental Quality Act, referred to as CEQA,
requires a lead agency, as defined, to prepare, or cause to be
prepared and certify the completion of an environmental impact
report, referred to as an EIR, on a project that it proposes to carry
out or approve that may have a significant effect on the environment
or to adopt a negative declaration if it finds that the project will
not have that effect. CEQA establishes a procedure for the
preparation and certification of the record of proceedings upon the
filing of an action or proceeding challenging a lead agency's action
on the grounds of noncompliance with CEQA.
A provision of CEQA requires the Judicial Council to adopt a rule
of court establishing procedures applicable to actions or proceedings
brought to attack, review, set aside, void, or annul the
certification of the environmental impact report for a specified
entertainment and sports center project, as provided, or the granting
of any project approvals that require the actions or proceedings be
resolved, within 270 days of certification of the record of
proceedings. Existing law also requires the preparation and
certification of the administrative record for that project to comply
with certain procedures. Existing law requires the draft and final
EIR for that project to each include a notice containing specified
information relating to required procedures for judicial actions
challenging the certification of the EIR or the approval of a project
described in the EIR. Existing law requires the lead agency to
conduct an informational public workshop and hold a public hearing on
the draft EIR, as provided. Existing law prohibits a court from
enjoining the construction or operation of specified components of
the entertainment and sports center project unless the court makes
specified findings.
This bill would apply similar provisions to the construction of a
state capitol building annex or the restoration, rehabilitation,
renovation, or reconstruction of the existing State Capitol Building
Annex, as described above.
This bill would, upon the direction of the Director of Finance,
transfer $1,300,000,000 from the General Fund to the State Project
Infrastructure Fund. The bill would require that $1,000,000,000 of
this money be transferred on or after July 1, 2016, and no later than
June 30, 2017, and the remaining $300,000,000 be transferred on or
after July 1, 2017.
(19) Existing law regulates the employment of minors in the
entertainment industry and requires the written consent of the Labor
Commissioner for a minor under 16 years of age to take part in
certain types of employment. Existing law establishes a program to be
administered by the commissioner that enables a minor's parent or
guardian, prior to the first employment of a minor performer and
under specified conditions, to obtain a temporary permit for the
employment of a minor. Existing law requires the commissioner to
deposit all fees for temporary permits received into the
Entertainment Work Permit Fund, with the funds to be available upon
appropriation by the Legislature to pay for the costs of
administration of the online temporary minor's entertainment work
permit program.
This bill would require those permit fees and certain other
revenues to instead be deposited in the Labor Enforcement and
Compliance Fund. The bill would abolish the Entertainment Work Permit
Fund and transfer moneys in, and assets, liabilities, revenues,
expenditures, and encumbrances of, that fund
to the Labor Enforcement and Compliance Fund.
(20) Existing law requires farm labor contractors to be licensed
by the commissioner and to comply with specified employment laws
applicable to farm labor contractors. Existing law requires farm
labor contractors to pay license fees to the commissioner and
continuously appropriates a portion of the fee revenues for
enforcement and verification purposes. Existing law requires
specified amounts of a license fee to be deposited in the Farmworker
Remedial Account and expended by the commissioner to fund the Farm
Labor Contractor Enforcement Unit and the Farm Labor Contractor
License Verification Unit, and the remaining money to be credited to
the General Fund.
This bill would require the money not used to fund those units to
be paid instead into the Labor Enforcement and Compliance Fund and
would make a conforming change.
(21) Existing law governs talent agency licensure and establishes
specific fees. Existing law requires moneys collected for licenses
and fines collected for violations to be paid into the State Treasury
and credited to the General Fund.
This bill would instead require that all moneys collected for
filing fees and licenses be credited to the Labor Enforcement and
Compliance Fund, and that fines collected for violations be credited
to the General Fund.
(22) Existing law establishes a Child Performer Services Permit
program and requires the commissioner to deposit filing fees into the
Child Performer Services Permit Fund (permit fund), the revenues of
which are available, upon appropriation by the Legislature, to pay
for the costs of administering the program.
This bill would require the fees to be deposited in the Labor
Enforcement and Compliance Fund. The bill would abolish the permit
fund and transfer any moneys in the permit fund and any assets,
liabilities, revenues, expenditures, and encumbrances of that fund to
the Labor Enforcement and Compliance Fund.
(23) Existing law defines "public works," for purposes of
requirements regarding the payment of prevailing wages for public
works projects, to include, among other things, the hauling and
delivery of ready-mixed concrete, as defined, to carry out a public
works contract, with respect to contracts involving any state agency
or any political subdivision of the state. Existing law, also
requires the entity hauling or delivering ready-mixed concrete to
enter into a written subcontract agreement with, and to provide
employee payroll and time records to, the party that engaged that
entity within 3 days, as specified. Existing law provides that these
provisions apply to public works contracts awarded on or after July
1, 2016.
This bill would extend the time to submit employee payroll records
to 5 days. The bill would provide that these provisions do not apply
to public works contracts advertised for bid or awarded prior to
July 1, 2016.
(24) Existing law regulates various aspects of the car washing and
polishing industry and requires the commissioner to collect a $250
registration fee from employers engaged in the business for each
branch location and to periodically adjust the registration fee for
inflation to ensure that the fee is sufficient to fund all costs to
administer and enforce those provisions. Existing law requires, in
addition to that fee, each employer be assessed an annual $50 fee for
each branch location to be deposited in the Car Wash Worker
Restitution Fund.
This bill would remove the specific amount for the registration
fee and would authorize the periodic adjustment of the fee, except as
specified, in an amount sufficient to fund all direct and indirect
costs to administer and enforce those provisions. The bill would fix
the annual fee for deposit in the Car Wash Worker Restitution Fund in
an amount equaling 20% of the registration fee.
(25) Existing law requires a person employing an industrial
homeworker to obtain a valid industrial homework license from the
Division of Labor Standards Enforcement, and establishes license and
renewal fees, to be paid into the State Treasury. Existing law
requires a person doing industrial homework to have a valid
homeworker's permit issued to him or her by the division and sets the
fee at $25.
This bill would require those fee and permit moneys to be paid
into the Labor Enforcement and Compliance Fund.
(26) Existing law, the Labor Code Private Attorneys General Act of
2004, authorizes an aggrieved employee to bring a civil action to
recover specified civil penalties, that would otherwise be assessed
and collected by the Labor and Workforce Development Agency (agency),
on behalf of the employee and other current or former employees for
the violation of certain provisions affecting employees. Existing law
requires notice of the claim from the aggrieved employee to the
agency and to the employer by certified mail. Existing law provides
that an employee who prevails in an action under these provisions is
entitled to recover his or her reasonable attorney's fees and costs.
This bill would instead require that the notice to the agency be
provided online, accompanied by a reasonable filing fee not to exceed
a specified amount that would be deposited into the Labor and
Workforce Development Fund to cover the administrative costs of
processing the notice. The bill would, for cases filed on or after
July 1, 2016, extend the timeframe for the agency to notify the
employer and employee that it does not intend to investigate the
alleged violation. The bill would entitle an employee who prevails in
an action under these provisions to also recover his or her filing
fees.
This bill would declare the intent of the Legislature that the
agency shall continue to assign duties under the Labor Code Private
Attorneys General Act of 2004 to entities where those duties are
customarily performed.
Existing law provides that the court review and approve any
penalties sought as a part of a proposed settlement of a claim.
This bill would require the proposed settlement agreement to be
also sent to the agency. This bill would, until July 1, 2021,
authorize the agency to extend the time to complete its investigation
by 60 days when the agency determines an extension is necessary and
issues a notice, as specified.
(27) Existing law requires the Division of Occupational Safety and
Health to require a permit for specific types of construction,
demolition, and work in mines and tunnels, and requires an employer
or contractor who engages in certain asbestos-related work to
register with the division. Existing law requires the division to set
fees for permits in an amount reasonably necessary to cover the
costs involved in investigating and issuing such permits.
This bill would require the division to set the fees to be charged
for permits and registrations in amounts reasonably necessary to
cover the costs involved in administering the permitting and
registration programs and would require all permit and registration
fees collected to be deposited in the Occupational Safety and Health
Fund.
(28) Existing law governs the design, erection, construction,
installation, material alteration, inspection, testing, maintenance,
repair, service, and operation of specific conveyances and their
associated parts. Existing law establishes certification and
licensing programs for inspectors, companies, and mechanics, and for
conveyance inspection and permitting programs, with fees established
by the Division of Occupational Safety and Health based on prescribed
costs to the division.
This bill would revise those provisions to require the fees to be
based on costs to the division of administering those programs,
including direct costs and a reasonable percentage attributable to
the indirect costs of the division for administering those
provisions.
(29) Existing law requires the Division of Occupational Safety and
Health to administer a permit and inspection program for aerial
passenger tramways. Existing law authorizes the division to fix fees
for inspection as it deems necessary to cover the actual cost of
having the inspection performed by a division safety engineer.
Existing law prohibits the division from charging for inspections
performed by certified insurance inspectors, but authorizes a fee of
not more than $10 to cover the cost of processing the permit when
issued by the division as a result of the inspection. Fees collected
by the division are deposited into the Elevator Safety Account to
support the program.
This bill would remove the term "aerial" in those provisions and
would instead refer only to "passenger tramways." The bill would
require the division to fix and collect fees for inspection of
passenger tramways to cover direct costs and a reasonable percentage
attributable to the indirect costs of the division for administering
those provisions. The bill would remove the cap on the processing
fee. The bill would require those fees to be deposited in the
Occupational Safety and Health Fund instead of the Elevator Safety
Account, and would transfer specific moneys in the Elevator Safety
Account to the Occupational Safety and Health Fund, together with any
assets, liabilities, revenues, expenditures, and encumbrances of
that fund attributable to the program, the portable amusement ride
inspection program, and the Permanent Amusement Ride Safety
Inspection Program.
(30) Existing law requires the Division of Occupational Safety and
Health to administer a permit and inspection program for tower
cranes. Existing law requires the division to set fees for permits
sufficient to cover prescribed program costs. Existing law authorizes
the division to collect fees for the examination and licensing of
crane certifiers as necessary to cover actual costs of
administration. Fees collected by the division under those provisions
are deposited into the General Fund.
This bill would require the division to collect those crane
certifier fees, would require all the above fees to be set to cover
the costs of administering the above provisions, and would authorize
the inclusion of direct costs and a reasonable percentage
attributable to the indirect costs of the division for
administration. The bill would require that fees be deposited in the
Occupational Safety and Health Fund instead of the Elevator Safety
Account.
(31) Existing law authorizes the establishment and collection of
fees by the Division of Occupational Safety and Health for specified
services relating to tanks, boilers, and pressure vessels. Under
existing law, inspection fees collected are paid into the Pressure
Vessel Account.
This bill would remove an existing $15 cap on a permit processing
fee, and would require all fees relating to tanks, boilers, and
pressure vessels to be in amounts sufficient to cover the division's
direct and indirect costs for administering these provisions. The
bill would expand the fees paid into the Pressure Vessel Account to
include all fees collected under those tank, boiler, and pressure
vessel provisions.
(32) Existing law, the Amusement Rides Safety Law, authorizes the
establishment and collection of fees by the Division of Occupational
Safety and Health for inspection and permitting of amusement rides.
Fees collected under those provisions are deposited into the Elevator
Safety Account. Existing law requires the division to submit an
annual report on amusement ride safety to the Division of Fairs and
Expositions within the Department of Food and Agriculture (DFA),
including route location information submitted by permit applicants.
The bill would require the division to set fees relating to
amusement rides, initially by emergency regulation, in amounts
necessary to cover costs for administering those provisions, and
would authorize the inclusion of direct costs and a reasonable
percentage attributable to the indirect costs of the division for
administration. The bill would require that fees be deposited in the
Occupational Safety and Health Fund instead of the Elevator Safety
Account. The bill would require the division to post the amusement
ride safety report on its Internet Web site instead of submitting it
to the DFA, and would make the inclusion of route location
information discretionary.
(33) Existing law establishes the Permanent Amusement Ride Safety
Inspection Program, which authorizes the Division of Occupational
Safety to fix and collect fees to cover the costs of administering
the program, and fees collected are deposited in the Elevator Safety
Account.
This bill would require the division to collect those fees and
include direct and reasonable indirect costs for administration. The
bill would require the division to impose a penalty equal to 100% of
the initial fee if a person owning or having custody, management, or
operation of a permanent amusement ride fails to pay any fee required
under the program within 60 days after the date of notification by
the division. The bill would require that fees be deposited in the
Occupational Safety and Health Fund instead of the Elevator Safety
Account.
(34) Existing law establishes licensing and certification
provisions relating to tunnel and mine safety for explosive blasters,
gas testers, and safety representatives administered by the Division
of Occupational Safety and Health. Those provisions set fees for
licensure and renewals. Existing law requires those fees to be
deposited in the General Fund.
This bill would revise those provisions to require the division to
set fees to include direct costs and a reasonable percentage
attributable to the indirect costs of the division for
administration, and to deposit those fees in the Occupational Safety
and Health Fund.
(35) Under existing law relating to the certification of asbestos
consultants and site surveillance technicians, fees authorized to be
collected by the Division of Occupational Safety and Health, as
provided, are deposited in accounts within the Asbestos Training and
Consultant Certification Fund.
This bill would require the division to collect those fees and
require that fees be deposited in the Occupational Safety and Health
Fund instead of the Asbestos Training and Consultant Certification
Fund, which latter fund the bill would abolish.
(36) Existing law requires the Division of Occupational Safety and
Health to inspect the operation of the rides at a permanent
amusement park annually. Existing law requires operators to submit to
the division an annual certificate of compliance, including a
prescribed declaration by a qualified safety inspector, and to
maintain prescribed records and make them available for inspection by
the division. Existing law requires the division to conduct an
inspection of the operation of the rides in conjunction with an
inspection of records.
This bill would exempt the division from that requirement to
conduct an operational inspection of a ride in conjunction with an
inspection of records if a qualified safety inspector employed by the
division has already inspected the operation of the ride in
connection with the execution of the current annual certificate of
compliance.
(37) Existing law allows a credit against the taxes imposed under
the Corporation Tax Law and the Personal Income Tax Law for each
taxable year beginning on or after January 1, 2014, and before
January 1, 2025, in an amount as provided in a written agreement
between the Governor's Office of Business and Economic Development
and the taxpayer, agreed upon by the California Competes Tax Credit
Committee, and based on specified factors, including the number of
jobs the taxpayer will create or retain in the state and the amount
of investment in the state by the taxpayer. Existing law limits the
aggregate amount of credits allocated to taxpayers to a specified sum
per fiscal year.
This bill would authorize the Governor's Office of Business and
Economic Development, when determining whether to enter into a
written agreement with a taxpayer, to consider additional factors
including, but not limited to, the financial solvency of the taxpayer
and the taxpayer's compliance with state and federal laws. The bill
would also state the legislative intent relating to this
bill. these provisions.
(38) Existing law, the Corporation Tax Law, for taxable years
beginning on or after January 1, 2015, and before January 1, 2030,
allows, with regard to the manufacture of a new advanced strategic
aircraft for the United States Air Force, a credit against the taxes
imposed under that law in an amount equal to a specified percentage
of qualified wages paid or incurred with respect to qualified
full-time employees, as multiplied by an annual full-time equivalent
ratio, by the qualified taxpayer. Existing law defines a "qualified
taxpayer" as a prime contractor or a major first-tier contractor
awarded a contract related to the New Advanced Strategic Aircraft
Program. The contract was awarded in 2016 to a qualified taxpayer
that is a prime contractor, and no other taxpayers are qualified
taxpayers, as defined, under that contract.
This bill would allow the above-described credit for taxable years
beginning on or after January 1, 2016, and before January 1, 2031,
as the New Advanced Strategic Aircraft Program contract was awarded
in 2016.
(39) Existing law, federal Workforce Innovation and Opportunity
Act, provides for workforce investment activities, including
activities in which states may participate. Existing law provides
that the California Workforce Development Board is responsible for
assisting the Governor in the development, oversight, and continuous
improvement of California's workforce investment system.
Existing law requires the Director of Employment Development to
permit information in his or her possession to be used for specified
purposes, including to assist various state agencies to perform
specified duties.
This bill would require the director to permit the use of
information in his or her possession to enable the California
Workforce Development Board, the Chancellor of the California
Community Colleges, the Superintendent of Public Instruction, the
Department of Rehabilitation, the State Department of Social
Services, the Bureau for Private Postsecondary Education, the
Department of Industrial Relations, Division of Apprenticeship
Standards, and the Employment Training Panel to access any relevant
quarterly wage data necessary for the evaluation and reporting of
their respective program performance outcomes.
(40) Existing law requires the California Workforce Development
Board to assist the Governor in developing and updating comprehensive
state performance accountability measures to assess the
effectiveness of core programs in the state. As part of that process,
existing law authorizes the State Department of Education to collect
the social security numbers of adults participating in adult
education programs so that accurate participation in those programs
can be represented. Existing law requires the State Department of
Education to keep this information confidential.
This bill would authorize the State Department of Education to
share the social security numbers of adults participating in adult
education programs with the Employment Development Department, and
would require the Employment Development Department to keep the
information confidential and only use it to track the labor market
progress of program participants, as specified.
(41) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(42) 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: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 655 of the Business and Professions Code is
amended to read:
655. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Health plan" means a health care service plan licensed
pursuant to the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code).
(2) "Optical company" means a person or entity that is engaged in
the manufacture, sale, or distribution to physicians and surgeons,
optometrists, health plans, or dispensing opticians of lenses,
frames, optical supplies, or optometric appliances or devices or
kindred products.
(3) "Optometrist" means a person licensed pursuant to Chapter 7
(commencing with Section 3000) or an optometric corporation, as
described in Section 3160.
(4) "Registered dispensing optician" means a person licensed
pursuant to Chapter 5.5 (commencing with Section 2550).
(5) "Therapeutic ophthalmic product" means lenses or other
products that provide direct treatment of eye disease or visual
rehabilitation for diseased eyes.
(b) No optometrist may have any membership, proprietary interest,
coownership, or any profit-sharing arrangement, either by stock
ownership, interlocking directors, trusteeship, mortgage, or trust
deed, with any registered dispensing optician or any optical company,
except as otherwise permitted under this section.
(c) (1) A registered dispensing optician or an optical company may
operate, own, or have an ownership interest in a health plan so long
as the health plan does not directly employ optometrists to provide
optometric services directly to enrollees of the health plan, and may
directly or indirectly provide products and services to the health
plan or its contracted providers or enrollees or to other
optometrists. For purposes of this section, an optometrist may be
employed by a health plan as a clinical director for the health plan
pursuant to Section 1367.01 of the Health and Safety Code or to
perform services related to utilization management or quality
assurance or other similar related services that do not require the
optometrist to directly provide health care services to enrollees. In
addition, an optometrist serving as a clinical director may not
employ optometrists to provide health care services to enrollees of
the health plan for which the optometrist is serving as clinical
director. For the purposes of this section, the health plan's
utilization management and quality assurance programs that are
consistent with the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) do not constitute providing health care
services to enrollees.
(2) The registered dispensing optician or optical company shall
not interfere with the professional judgment of the optometrist.
(3) The Department of Managed Health Care shall forward to the
State Board of Optometry any complaints received from consumers that
allege that an optometrist violated the Optometry Practice Act
(Chapter 7 (commencing with Section 3000)). The Department of Managed
Health Care and the State Board of Optometry shall enter into an
Inter-Agency Agreement regarding the sharing of information related
to the services provided by an optometrist that may be in violation
of the Optometry Practice Act that the Department of Managed Health
Care encounters in the course of the administration of the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
section 1340) of Division 2 of the Health and Safety Code).
(d) An optometrist, a registered dispensing optician, an optical
company, or a health plan may execute a lease or other written
agreement giving rise to a direct or indirect landlord-tenant
relationship with an optometrist, if all of the following conditions
are contained in a written agreement establishing the landlord-tenant
relationship:
(1) (A) The practice shall be owned by the optometrist and in
every phase be under the optometrist's exclusive control, including
the selection and supervision of optometric staff, the scheduling of
patients, the amount of time the optometrist spends with patients,
fees charged for optometric products and services, the examination
procedures and treatment provided to patients and the optometrist's
contracting with managed care organizations.
(B) Subparagraph (A) shall not preclude a lease from including
commercially reasonable terms that: (i) require the provision of
optometric services at the leased space during certain days and
hours, (ii) restrict the leased space from being used for the sale or
offer for sale of spectacles, frames, lenses, contact lenses, or
other ophthalmic products, except that the optometrist shall be
permitted to sell therapeutic ophthalmic products if the registered
dispensing optician, health plan, or optical company located on or
adjacent to the optometrist's leased space does not offer any
substantially similar therapeutic ophthalmic products for sale, (iii)
require the optometrist to contract with a health plan network,
health plan, or health insurer, or (iv) permit the landlord to
directly or indirectly provide furnishings and equipment in the
leased space.
(2) The optometrist's records shall be the sole property of the
optometrist. Only the optometrist and those persons with written
authorization from the optometrist shall have access to the patient
records and the examination room, except as otherwise provided by
law.
(3) The optometrist's leased space shall be definite and distinct
from space occupied by other occupants of the premises, have a sign
designating that the leased space is occupied by an independent
optometrist or optometrists and be accessible to the optometrist
after hours or in the case of an emergency, subject to the facility's
general accessibility. This paragraph shall not require a separate
entrance to the optometrist's leased space.
(4) All signs and displays shall be separate and distinct from
that of the other occupants and shall have the optometrist's name and
the word "optometrist" prominently displayed in connection
therewith. This paragraph shall not prohibit the optometrist from
advertising the optometrist's practice location with reference to
other occupants or prohibit the optometrist or registered dispensing
optician from advertising their participation in any health plan's
network or the health plan's products in which the optometrist or
registered dispensing optician participates.
(5) There shall be no signs displayed on any part of the premises
or in any advertising indicating that the optometrist is employed or
controlled by the registered dispensing optician, health plan or
optical company.
(6) Except for a statement that an independent doctor of optometry
is located in the leased space, in-store pricing signs and as
otherwise permitted by this subdivision, the registered dispensing
optician or optical company shall not link its advertising with the
optometrist's name, practice, or fees.
(7) Notwithstanding paragraphs (4) and (6), this subdivision shall
not preclude a health plan from advertising its health plan products
and associated premium costs and any copayments, coinsurance,
deductibles, or other forms of cost-sharing, or the names and
locations of the health plan's providers, including any optometrists
or registered dispensing opticians that provide professional
services, in compliance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code).
(8) A health plan that advertises its products and services in
accordance with paragraph (7) shall not advertise the optometrist's
fees for products and services that are not included in the health
plan's contract with the optometrist.
(9) The optometrist shall not be precluded from collecting fees
for services that are not included in a health plan's products and
services, subject to any patient disclosure requirements contained in
the health plan's provider agreement with the optometrist or that
are not otherwise prohibited by the Knox-Keene Health Care Service
Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code).
(10) The term of the lease shall be no less than one year and
shall not require the optometrist to contract exclusively with a
health plan. The optometrist may terminate the lease according to the
terms of the lease. The landlord may terminate the lease for the
following reasons:
(A) The optometrist's failure to maintain a license to practice
optometry or the imposition of restrictions, suspension or revocation
of the optometrist's license or if the optometrist or the
optometrist's employee is or becomes ineligible to participate in
state or federal government-funded programs.
(B) Termination of any underlying lease where the optometrist has
subleased space, or the optometrist's failure to comply with the
underlying lease provisions that are made applicable to the
optometrist.
(C) If the health plan is the landlord, the termination of the
provider agreement between the health plan and the optometrist, in
accordance with the Knox-Keene Health Care Service Plan Act of 1975
(Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code).
(D) Other reasons pursuant to the terms of the lease or permitted
under the Civil Code.
(11) The landlord shall act in good faith in terminating the lease
and in no case shall the landlord terminate the lease for reasons
that constitute interference with the practice of optometry.
(12) Lease or rent terms and payments shall not be based on number
of eye exams performed, prescriptions written, patient referrals or
the sale or promotion of the products of a registered dispensing
optician or an optical company.
(13) The landlord shall not terminate the lease solely because of
a report, complaint, or allegation filed by the optometrist against
the landlord, a registered dispensing optician or a health plan, to
the State Board of Optometry or the Department of Managed Health Care
or any law enforcement or regulatory agency.
(14) The landlord shall provide the optometrist with written
notice of the scheduled expiration date of a lease at least 60 days
prior to the scheduled expiration date. This notice obligation shall
not affect the ability of either party to terminate the lease
pursuant to this section. The landlord may not interfere with an
outgoing optometrist's efforts to inform the optometrist's patients,
in accordance with customary practice and professional obligations,
of the relocation of the optometrist's practice.
(15) The State Board of Optometry may inspect, upon request, an
individual lease agreement pursuant to its investigational authority,
and if such a request is made, the landlord or tenant, as
applicable, shall promptly comply with the request. Failure or
refusal to comply with the request for lease agreements within 30
days of receiving the request constitutes unprofessional conduct and
is grounds for disciplinary action by the appropriate regulatory
agency. This section shall not affect the Department of Managed
Health Care's authority to inspect all books and records of a health
plan pursuant to Section 1381 of the Health and Safety Code.
Any financial information contained in the lease submitted to a
regulatory entity, pursuant to this paragraph, shall be considered
confidential trade secret information that is exempt from disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(16) This subdivision shall not be applicable to the relationship
between any optometrist employee and the employer medical group, or
the relationship between a medical group exclusively contracted with
a health plan regulated by the Department of Managed Health Care and
that health plan.
(e) No registered dispensing optician may have any membership,
proprietary interest, coownership, or profit sharing arrangement
either by stock ownership, interlocking directors, trusteeship,
mortgage, or trust deed, with an optometrist, except as permitted
under this section.
(f) Nothing in this section shall prohibit a person licensed under
Chapter 5 (commencing with Section 2000) or its professional
corporation from contracting with or employing optometrists,
ophthalmologists, or optometric assistants and entering into a
contract or landlord tenant relationship with a health plan, an
optical company, or a registered dispensing optician, in accordance
with Sections 650 and 654 of this code.
(g) Any violation of this section constitutes a misdemeanor as to
such person licensed under Chapter 7 (commencing with Section 3000)
of this division and as to any and all persons, whether or not so
licensed under this division, who participate with such licensed
person in a violation of any provision of this section.
(h) (1) Notwithstanding any other law and in addition to any
action available to the State Board of Optometry, the State Board of
Optometry may issue a citation containing an order of abatement, an
order to pay an administrative fine, or both, to an optical company,
an optometrist, or a registered dispensing optician for a violation
of this section. The administrative fine shall not exceed fifty
thousand dollars ($50,000). In assessing the amount of the fine, the
board shall give due consideration to all of the following:
(A) The gravity of the violation.
(B) The good faith of the cited person or entity.
(C) The history of previous violations of the same or similar
nature.
(D) Evidence that the violation was or was not willful.
(E) The extent to which the cited person or entity has cooperated
with the board's investigation.
(F) The extent to which the cited person or entity has mitigated
or attempted to mitigate any damage or injury caused by the
violation.
(G) Any other factors as justice may require.
(2) A citation or fine assessment issued pursuant to a citation
shall inform the cited person or entity that if a hearing is desired
to contest the finding of a violation, that hearing shall be
requested by written notice to the board within 30 days of the date
of issuance of the citation or assessment. If a hearing is not
requested pursuant to this section, payment of any fine shall not
constitute an admission of the violation charged. Hearings shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(3) The board shall adopt regulations to implement a system for
the issuance of citations, administrative fines, and orders of
abatement authorized by this section. The regulations shall include
provisions for both of the following:
(A) The issuance of a citation without an administrative fine.
(B) The opportunity for a cited person or entity to have an
informal conference with the executive officer of the board in
addition to the hearing described in paragraph (2).
(4) The failure of a licensee to pay a fine within 30 days of the
date of assessment, unless the citation is being appealed, may result
in disciplinary action being taken by the board. Where a citation is
not contested and a fine is not paid, the full amount of the
assessed fine shall be added to the fee for renewal of the license. A
license shall not be renewed without payment of the renewal fee and
fine.
(5) Notwithstanding any other law, if a fine is paid to satisfy an
assessment based on the finding of a violation, payment of the fine
shall be represented as satisfactory resolution of the matter for
purposes of public disclosure.
(i) Administrative fines collected pursuant to this section shall
be deposited in the Dispensing Opticians Fund. It is the intent of
the Legislature that moneys collected as fines and deposited in the
fund be used by the board primarily for enforcement purposes.
SEC. 2. Section 2556.1 of the Business and Professions Code is
amended to read:
2556.1. All licensed optometrists and registered dispensing
opticians who are in a colocated setting shall report the business
relationship to the State Board of Optometry, as determined by the
board. The State Board of Optometry shall have the authority to
inspect any premises at which the business of a registered dispensing
optician is colocated with the practice of an optometrist, for the
purposes of determining compliance with Section 655. The inspection
may include the review of any written lease agreement between the
registered dispensing optician and the optometrist or between the
optometrist and the health plan. Failure to comply with the
inspection or any request for information by the board may subject
the party to disciplinary action. The board shall provide a copy of
its inspection results, if applicable, to the Department of Managed
Health Care.
SEC. 3. Section 2556.2 of the Business and Professions Code is
amended to read:
2556.2. (a) Notwithstanding any other law, subsequent to the
effective date of this section and until January 1, 2019, any
individual, corporation, or firm operating as a registered dispensing
optician under this chapter before the effective date of this
section, or an employee of such an entity, shall not be subject to
any action for engaging in conduct prohibited by Section 2556 or
Section 655 as those sections existed prior to the effective date of
this bill, except that a registrant shall be subject to discipline
for duplicating or changing lenses without a prescription or order
from a person duly licensed to issue the same.
(b) Nothing in this section shall be construed to imply or suggest
that a person registered under this chapter is in violation of or in
compliance with the law.
(c) This section shall not apply to any business relationships
prohibited by Section 2556 commencing registration or operations on
or after the effective date of this section.
(d) Subsequent to the effective date of this section and until
January 1, 2019, nothing in this section shall prohibit an
individual, corporation, or firm operating as a registered dispensing
optician from engaging in a business relationship with an
optometrist licensed pursuant to Chapter 7 (commencing with Section
3000) before the effective date of this section at locations
registered with the Medical Board of California before the effective
date of this section.
(e) This section does not apply to any administrative action
pending, litigation pending, cause for discipline, or cause of action
accruing prior to September 1, 2015.
(f) Any registered dispensing optician or optical company that
owns a health plan that employs optometrists, subject to this
section, shall comply with the following milestones:
(1) By January 1, 2017, 15 percent of its locations shall no
longer employ an optometrist.
(2) By August 1, 2017, 45 percent of its locations shall no longer
employ an optometrist.
(3) By January 1, 2019, 100 percent of its locations shall no
longer employ an optometrist.
(g) Any registered dispensing optician or optical company that
owns a health plan that employs optometrists shall report to the
State Board of Optometry in writing as to whether it has met each of
the milestones in subdivision (f) within 30 days of each milestone.
The State Board of Optometry shall provide those reports as soon as
it receives them to the director and the Legislature. The report to
the Legislature shall be submitted in compliance with Section 9795 of
the Government Code.
(h) (1) Notwithstanding any other law and in addition to any
action available to the State Board of Optometry, the State Board of
Optometry may issue a citation containing an order of abatement, an
order to pay an administrative fine, or both, to an optical company,
an optometrist, or a registered dispensing optician for a violation
of this section. The administrative fine shall not exceed fifty
thousand dollars ($50,000). In assessing the amount of the fine, the
board shall give due consideration to all of the following:
(A) The gravity of the violation.
(B) The good faith of the cited person or entity.
(C) The history of previous violations of the same or similar
nature.
(D) Evidence that the violation was or was not willful.
(E) The extent to which the cited person or entity has cooperated
with the board's investigation.
(F) The extent to which the cited person or entity has mitigated
or attempted to mitigate any damage or injury caused by the
violation.
(G) Any other factors as justice may require.
(2) A citation or fine assessment issued pursuant to a citation
shall inform the cited person or entity that if a hearing is desired
to contest the finding of a violation, that hearing shall be
requested by written notice to the board within 30 days of the date
of issuance of the citation or assessment. If a hearing is not
requested pursuant to this section, payment of any fine shall not
constitute an admission of the violation charged. Hearings shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(3) The board shall adopt regulations to implement a system for
the issuance of citations, administrative fines, and orders of
abatement authorized by this section. The regulations shall include
provisions for both of the following:
(A) The issuance of a citation without an administrative fine.
(B) The opportunity for a cited person or entity to have an
informal conference with the executive officer of the board in
addition to the hearing described in paragraph (2).
(4) The failure of a licensee to pay a fine within 30 days of the
date of assessment, unless the citation is being appealed, may result
in disciplinary action being taken by the board. Where a citation is
not contested and a fine is not paid, the full amount of the
assessed fine shall be added to the fee for renewal of the license. A
license shall not be renewed without payment of the renewal fee and
fine.
(5) Notwithstanding any other law, if a fine is paid to satisfy an
assessment based on the finding of a violation, payment of the fine
shall be represented as satisfactory resolution of the matter for
purposes of public disclosure.
(i) Administrative fines collected pursuant to this section shall
be deposited in the Dispensing Opticians Fund. It is the intent of
the Legislature that moneys collected as fines and deposited in the
fund be used by the board primarily for enforcement purposes.
SEC. 4. Section 3010.5 of the Business and Professions Code is
amended to read:
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members and one of the nonpublic members shall be an
individual registered as a dispensing optician, spectacle lens
dispenser, or contact lens dispenser. The registered dispensing
member shall be registered pursuant to Chapter 5.5. (commencing with
Section 2550) and in good standing with the board.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
former Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
(d) The amendments to this section by the act adding this
subdivision shall apply to appointments made on or after January 1,
2016.
SEC. 5. Section 3011 of the Business and Professions Code is
amended to read:
3011. (a) Members of the board, except the public members and the
registered dispensing member, shall be appointed only from persons
who are registered optometrists of the State of California and
actually engaged in the practice of optometry at the time of
appointment or who are members of the faculty of a school of
optometry. The public members shall not be a licentiate of the board
or of any other board under this division or of any board referred to
in Sections 1000 and 3600.
No person except the registered dispensing member, including the
public members, shall be eligible to membership on the board who is a
stockholder in or owner of or a member of the board of trustees of
any school of optometry or who shall be financially interested,
directly or indirectly, in any concern manufacturing or dealing in
optical supplies at wholesale.
No person shall serve as a member of the board for more than two
consecutive terms.
A member of the faculty of a school of optometry may be appointed
to the board; however, no more than two faculty members of schools of
optometry may be on the board at any one time. Faculty members of
the board shall not serve as public members.
(b) The amendments to this section by the act adding this
subdivision shall apply to appointments made on or after January 1,
2016.
SEC. 6. Section 3013 of the Business and Professions Code is
amended to read:
3013. (a) Each member of the board shall hold office for a term
of four years, and shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
(b) Vacancies occurring shall be filled by appointment for the
unexpired term.
(c) The Governor shall appoint three of the public members, five
members qualified as provided in Section 3011, and the registered
dispensing member as provided in Section 3010.5. The Senate Committee
on Rules and the Speaker of the Assembly shall each appoint a public
member.
(d) No board member serving between January 1, 2000, and June 1,
2002, inclusive, shall be eligible for reappointment.
(e) For initial appointments made on or after January 1, 2003, one
of the public members appointed by the Governor and two of the
professional members shall serve terms of one year. One of the public
members appointed by the Governor and two of the professional
members shall serve terms of three years. The remaining public member
appointed by the Governor and the remaining two professional members
shall serve terms of four
years. The public members appointed by the Senate Committee on Rules
and the Speaker of the Assembly shall each serve for a term of four
years.
(f) The initial appointment of a registered dispensing optician,
spectacle lens dispenser, or contact lens dispenser member shall
replace the optometrist member whose term expired on June 1, 2015.
(g) The amendments to this section by the act adding this
subdivision shall apply to appointments made on or after January 1,
2016.
SEC. 7. Section 3020 of the Business and Professions Code is
amended to read:
3020. (a) There shall be established under the State Board of
Optometry a dispensing optician committee to advise and make
recommendations to the board regarding the regulation of dispensing
opticians, spectacle lens dispensers, and contact lens dispensers,
registered pursuant to Chapter 5.5 (commencing with Section 2550).
The committee shall consist of five members, one of whom shall be a
registered dispensing optician registered pursuant to Chapter 5.5
(commencing with Section 2550), one of whom shall be a spectacle lens
dispenser or contact lens dispenser registered pursuant to Chapter
5.5 (commencing with Section 2550), two of whom shall be public
members, and one of whom shall be a member of the board. Initial
appointments to the committee shall be made by the board. The board
shall stagger the terms of the initial members appointed. The filling
of vacancies on the committee shall be made by the board upon
recommendations by the committee.
(b) The committee shall be responsible for:
(1) Recommending registration standards and criteria for the
registration of dispensing opticians, nonresident contact lens
sellers, spectacle lens dispensers, and contact lens dispensers.
(2) Reviewing of the disciplinary guidelines relating to
registered dispensing opticians, nonresident contact lens sellers,
spectacle lens dispensers, and contact lens dispensers.
(3) Recommending to the board changes or additions to regulations
adopted pursuant to Chapter 5.5 (commencing with Section 2550).
(4) Carrying out and implementing all responsibilities and duties
imposed upon it pursuant to this chapter or as delegated to it by the
board.
(c) The committee shall meet at least twice a year and as needed
in order to conduct its business.
(d) Recommendations by the committee regarding scope of practice
or regulatory changes or additions shall be approved, modified, or
rejected by the board within 90 days of submission of the
recommendation to the board. If the board rejects or significantly
modifies the intent or scope of the recommendation, the committee may
request that the board provide its reasons in writing for rejecting
or significantly modifying the recommendation, which shall be
provided by the board within 30 days of the request.
(e) After the initial appointments by the board pursuant to
subdivision (a), the Governor shall appoint the registered dispensing
optician members and the public members. The committee shall submit
a recommendation to the board regarding which board member should be
appointed to serve on the committee, and the board shall appoint the
member to serve. Committee members shall serve a term of four years
except for the initial staggered terms. A member may be reappointed,
but no person shall serve as a member of the committee for more than
two consecutive terms.
(f) The amendments to this section by the act adding this
subdivision apply as of January 1, 2016.
SEC. 8. Section 846.1 of the Civil Code is amended to read:
846.1. (a) Except as provided in subdivision (c), an owner of any
estate or interest in real property, whether possessory or
nonpossessory, who gives permission to the public for entry on or use
of the real property pursuant to an agreement with a public or
nonprofit agency for purposes of recreational trail use, and is a
defendant in a civil action brought by, or on behalf of, a person who
is allegedly injured or allegedly suffers damages on the real
property, may present a claim to the Department of General Services
for reasonable attorney's fees incurred in this civil action if any
of the following occurs:
(1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by the owner or upon its own motion
for lack of prosecution.
(2) The action was dismissed by the plaintiff without any payment
from the owner.
(3) The owner prevails in the civil action.
(b) Except as provided in subdivision (c), a public entity, as
defined in Section 831.5 of the Government Code, that gives
permission to the public for entry on or use of real property for a
recreational purpose, as defined in Section 846, and is a defendant
in a civil action brought by, or on behalf of, a person who is
allegedly injured or allegedly suffers damages on the real property,
may present a claim to the Department of General Services for
reasonable attorney's fees incurred in this civil action if any of
the following occurs:
(1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by this public entity or upon its
own motion for lack of prosecution.
(2) The action was dismissed by the plaintiff without any payment
from the public entity.
(3) The public entity prevails in the civil action.
(c) An owner of any estate or interest in real property, whether
possessory or nonpossessory, or a public entity, as defined in
Section 831.5 of the Government Code, that gives permission to the
public for entry on, or use of, the real property for a recreational
purpose, as defined in Section 846, pursuant to an agreement with a
public or nonprofit agency, and is a defendant in a civil action
brought by, or on behalf of, a person who seeks to restrict, prevent,
or delay public use of that property, may present a claim to the
Department of General Services for reasonable attorney's fees
incurred in the civil action if any of the following occurs:
(1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by the owner or public entity or
upon its own motion for lack of prosecution.
(2) The action was dismissed by the plaintiff without any payment
from the owner or public entity.
(3) The owner or public entity prevails in the civil action.
(d) The Department of General Services shall allow the claim if
the requirements of this section are met. The claim shall be paid
from an appropriation to be made for that purpose. Reasonable
attorney's fees, for purposes of this section, may not exceed an
hourly rate greater than the rate charged by the Attorney General at
the time the award is made, and may not exceed an aggregate amount of
twenty-five thousand dollars ($25,000). This subdivision shall not
apply if a public entity has provided for the defense of this civil
action pursuant to Section 995 of the Government Code. This
subdivision shall also not apply if an owner or public entity has
been provided a legal defense by the state pursuant to any contract
or other legal obligation.
(e) The total of claims allowed by the Department of General
Services pursuant to this section shall not exceed two hundred
thousand dollars ($200,000) per fiscal year.
SEC. 9. Section 1789.37 of the Civil Code is amended to read:
1789.37. (a) Every owner of a check casher's business shall
obtain a permit from the Department of Justice to conduct a check
casher's business.
(b) All applications for a permit to conduct a check casher's
business shall be filed with the department in writing, signed by the
applicant, if an individual, or by a member or officer authorized to
sign, if the applicant is a corporation or other entity, and shall
state the name of the business, the type of business engaged in, and
the business address. Each applicant shall be fingerprinted.
(c) Each applicant for a permit to conduct a check casher's
business shall pay a fee not to exceed the cost of processing the
application, fingerprinting the applicant, and checking or obtaining
the criminal record of the applicant, at the time of filing the
application.
(d) Each applicant shall annually, beginning one year from the
date of issuance of a check casher's permit, file an application for
renewal of the permit with the department, along with payment of a
renewal fee not to exceed the cost of processing the application for
renewal and checking or obtaining the criminal record of the
applicant.
(e) The department shall deny an application for a permit to
conduct a check casher's business, or for renewal of a permit, if the
applicant has a felony conviction involving dishonesty, fraud, or
deceit, if the crime is substantially related to the qualifications,
functions, or duties of a person engaged in the business of check
cashing.
(f) The department shall adopt regulations to implement this
section and shall determine the amount of the application fees
required by this section. The department shall prescribe forms for
the applications and permit required by this section, which shall be
uniform throughout the state.
(g) In any action brought by a city attorney or district attorney
to enforce a violation of this section, an owner of a check casher's
business who engages in the business of check cashing without holding
a current and valid permit issued by the department pursuant to this
section is subject to a civil penalty, as follows:
(1) For the first offense, not more than one thousand dollars
($1,000).
(2) For the second offense, not more than five thousand dollars
($5,000).
(h) Any person who has twice been found in violation of
subdivision (g) and who, within 10 years of the date of the first
offense, engages in the business of check cashing without holding a
current and valid permit issued by the department pursuant to this
section is guilty of a misdemeanor punishable by imprisonment in a
county jail not exceeding six months, or by a fine not exceeding five
thousand dollars ($5,000), or by both that fine and imprisonment.
(i) All civil penalties, forfeited bail, or fines received by any
court pursuant to this section shall, as soon as practicable after
the receipt thereof, be deposited with the county treasurer of the
county in which the court is situated. Fines and forfeitures
deposited shall be disbursed pursuant to the Penal Code. Civil
penalties deposited shall be paid at least once a month as follows:
(1) Fifty percent to the Treasurer by warrant of the county
auditor drawn upon the requisition of the clerk or judge of the
court, to be deposited in the State Treasury on order of the
Controller.
(2) Fifty percent to the city treasurer of the city, if the
offense occurred in a city, otherwise to the treasurer of the county
in which the prosecution is conducted. Any money deposited in the
State Treasury under this section that is determined by the
Controller to have been erroneously deposited shall be refunded out
of any money in the State Treasury that is available by law for that
purpose.
(j) This section shall become operative December 31, 2004.
SEC. 10. Section 77 of the Code of Civil Procedure is amended to
read:
77. (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.
The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state.
The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
(b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.
(c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation. Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive expenses for travel, board, and
lodging. If the judge is out of the judge's county overnight or
longer, by reason of the designation, that judge shall be paid a per
diem allowance in lieu of expenses for board and lodging in the same
amounts as are payable for those purposes to justices of the Supreme
Court under the rules of the Department of General Services. In
addition, a retired judge shall receive for the time so served,
amounts equal to that which the judge would have received if the
judge had been assigned to the superior court of the county.
(d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division. A
judgment of the appellate division in an appeal shall contain a brief
statement of the reasons for the judgment. A judgment stating only
"affirmed" or "reversed" is insufficient. The presiding judge shall
convene the appellate division when necessary. The presiding judge
shall also supervise its business and transact any business that may
be done at chambers.
(e) The appellate division of the superior court has jurisdiction
on appeal in all cases in which an appeal may be taken to the
superior court or the appellate division of the superior court as
provided by law, except where the appeal is a retrial in the superior
court.
(f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
(g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of, the appellate
division.
(h) Notwithstanding subdivisions (b) and (d), appeals from
convictions of traffic infractions may be heard and decided by one
judge of the appellate division of the superior court.
SEC. 11. Section 1345 of the Code of Civil Procedure is amended to
read:
1345. If any person has erroneously delivered any unclaimed
moneys or other unclaimed property to the state or any officer or
employee thereof, and the moneys or other property is deposited in
the Unclaimed Property Fund or is held by the Controller or Treasurer
in the name of any account in that fund pursuant to this title, the
moneys or other property delivered in error may be refunded or
returned to that person on order of the Controller.
SEC. 12. Section 1346 of the Code of Civil Procedure is amended to
read:
1346. If any person has erroneously delivered any unclaimed
moneys or other unclaimed property to the state or any officer or
employee thereof, and the moneys or other property is deposited in,
or transferred to, the General Fund, or is held by the Controller or
Treasurer in the name of that fund, pursuant to this title, the
moneys or other property delivered in error, if cash, shall on order
of the Controller, be transferred from the General Fund to the
Unclaimed Property Fund, and, if other than cash, the records of the
Controller and Treasurer shall be adjusted to show that it is held in
the name of the proper account in the Unclaimed Property Fund; and
the moneys or other property may be refunded or returned to that
person on order of the Controller.
SEC. 13. Section 1370 of the Code of Civil Procedure is amended to
read:
1370. The Controller may sell or lease personal property at any
time, and in any manner, and may execute those leases on behalf and
in the name of the State of California.
SEC. 14. Section 1371 of the Code of Civil Procedure is amended to
read:
1371. The Controller may sell, cash, redeem, exchange, or
otherwise dispose of any securities and all other classes of personal
property, and may sell, cash, redeem, exchange, compromise, adjust,
settle, or otherwise dispose of any accounts, debts, contractual
rights, or other choses in action if, in his or her opinion, that
action on his or her part is necessary or will tend to safeguard and
conserve the interests of all parties, including the state, having
any vested or expectant interest in the property.
SEC. 15. Section 1375 of the Code of Civil Procedure is amended to
read:
1375. Any real property may be sold or leased by the Controller
at private sale without published notice.
SEC. 16. Section 1379 of the Code of Civil Procedure is amended to
read:
1379. The Controller may destroy or otherwise dispose of any
personal property other than cash deposited in the State Treasury
under this title, if that property is determined by him or her to be
valueless or of such little value that the costs of conducting a sale
would probably exceed the amount that would be realized from the
sale, and neither the Treasurer nor Controller shall be held to
respond in damages at the suit of any person claiming loss by reason
of that destruction or disposition.
SEC. 17. Section 1563 of the Code of Civil Procedure is amended to
read:
1563. (a) Except as provided in subdivisions (b) and (c), all
escheated property delivered to the Controller under this chapter
shall be sold by the Controller to the highest bidder at public sale
in whatever city in the state affords in his or her judgment the most
favorable market for the property involved, or the Controller may
conduct the sale by electronic media, including, but not limited to,
the Internet, if in his or her judgment it is cost effective to
conduct the sale of the property involved in that manner. However, no
sale shall be made pursuant to this subdivision until 18 months
after the final date for filing the report required by Section 1530.
The Controller may decline the highest bid and reoffer the property
for sale if he or she considers the price bid insufficient. The
Controller need not offer any property for sale if, in his or her
opinion, the probable cost of sale exceeds the value of the property.
Any sale of escheated property held under this section shall be
preceded by a single publication of notice thereof, at least one week
in advance of sale, in an English language newspaper of general
circulation in the county where the property is to be sold.
(b) Securities listed on an established stock exchange shall be
sold at the prevailing prices on that exchange. Other securities may
be sold over the counter at prevailing prices or by any other method
that the Controller may determine to be advisable. These securities
shall be sold by the Controller no sooner than 18 months, but no
later than 20 months, after the final date for filing the report
required by Section 1530. If securities delivered to the Controller
by a holder of the securities remain in the custody of the
Controller, a person making a valid claim for those securities under
this chapter shall be entitled to receive the securities from the
Controller. If the securities have been sold, the person shall be
entitled to receive the net proceeds received by the Controller from
the sale of the securities. United States government savings bonds
and United States war bonds shall be presented to the United States
for payment. Subdivision (a) does not apply to the property described
in this subdivision.
(c) (1) All escheated property consisting of military awards,
decorations, equipment, artifacts, memorabilia, documents,
photographs, films, literature, and any other item relating to the
military history of California and Californians that is delivered to
the Controller is exempt from subdivision (a) and may, at the
discretion of the Controller, be held in trust for the Controller at
the California State Military Museum and Resource Center, or
successor entity. All escheated property held in trust pursuant to
this subdivision is subject to the applicable regulations of the
United States Army governing Army museum activities as described in
Section 179 of the Military and Veterans Code. Any person claiming an
interest in the escheated property may file a claim to the property
pursuant to Article 4 (commencing with Section 1540).
(2) The California State Military Museum and Resource Center, or
successor entity, shall be responsible for the costs of storage and
maintenance of escheated property delivered by the Controller under
this subdivision.
(d) The purchaser at any sale conducted by the Controller pursuant
to this chapter shall receive title to the property purchased, free
from all claims of the owner or prior holder thereof and of all
persons claiming through or under them. The Controller shall execute
all documents necessary to complete the transfer of title.
SEC. 18. Section 12117 of the Education Code is amended to read:
12117. (a) The State Agency for Donated Food Distribution may,
without at the time furnishing vouchers or itemized statements, draw
from the Donated Food Revolving Fund for use as a departmental
revolving fund either of the following:
(1) A sum not to exceed thirty thousand dollars ($30,000).
(2) With the approval of the Department of Finance, a sum in
excess of thirty thousand dollars ($30,000).
(b) Any moneys withdrawn pursuant to subdivision (a) may only be
used, in accordance with law and the Department of General Services
rules, for payment of compensation earned, traveling expense,
traveling expense advances, or where immediate payment is otherwise
necessary. All disbursements from the revolving fund shall be
substantiated by vouchers filed with and audited by the Controller.
From time to time, disbursements, supported by vouchers, may be
reported to the Controller in connection with claims for
reimbursement of the departmental revolving fund. At any time upon
the demand of the Department of Finance or the Controller, the
revolving fund shall be accounted for and substantiated by vouchers
and itemized statements submitted to and audited by the Controller.
SEC. 19. Section 17295 of the Education Code is amended to read:
17295. (a) (1) The Department of General Services shall pass upon
and approve or reject all plans for the construction or, if the
estimated cost exceeds one hundred thousand dollars ($100,000), the
alteration of any school building.
(2) To enable the Department of General Services to pass upon and
approve plans pursuant to this subdivision, the governing board of
each school district and any other school authority before adopting
any plans for the school building shall submit the plans to the
Department of General Services for approval, and shall pay the fees
prescribed in this article.
(b) Notwithstanding subdivision (a), where the estimated cost of
the reconstruction or alteration of, or an addition to, any school
building exceeds one hundred thousand dollars ($100,000), but does
not exceed two hundred twenty-five thousand dollars ($225,000), a
licensed structural engineer shall examine the proposed project to
determine if it is a nonstructural alteration or a structural
alteration. If he or she determines that the project is a
nonstructural alteration, he or she shall prepare a statement so
indicating. If he or she determines that the project is structural,
he or she shall prepare plans and specifications for the project
which shall be submitted to the Department of General Services for
review and approval. A copy of the engineer's report stating that the
work does not affect structural elements shall be filed with the
Department of General Services.
(c) If a licensed structural engineer submits a report to the
Department of General Services stating that the plans or activities
authorized pursuant to subdivision (b) do not involve structural
elements, then all of the following shall apply to that project:
(1) The design professional in responsible charge of the project
undertaken pursuant to this subdivision shall certify that the plans
and specifications for the project meet any applicable fire and life
safety standards, and do not affect the disabled access requirements
of Section 4450 of the Government Code, and shall submit this
certification to the Department of General Services. The letter of
certification shall bear the identifying licensing stamp or seal of
the design professional. This paragraph does not preclude a design
professional from submitting plans and specifications to the
Department of General Services along with the appropriate fee for
review.
(2) Within 10 days of the completion of any project authorized
pursuant to subdivision (b), the school construction inspector of
record on the project, who is certified by the Department of General
Services to inspect school buildings, shall certify in writing to the
Department of General Services that the reconstruction, alteration,
or addition has been completed in compliance with the plans and
specifications.
(3) The dollar amounts cited in this section shall be increased on
an annual basis, commencing January 1, 2018, by the Department of
General Services according to an inflationary index governing
construction costs that is selected and recognized by the Department
of General Services.
(4) No school district shall subdivide a project for the purpose
of evading the limitation on amounts cited in this section.
(d) For purposes of this section, "design professional in
responsible charge" or "design professional" means the licensed
architect, licensed structural engineer, or licensed civil engineer
who is responsible for the completion of the design work involved
with the project.
SEC. 20. Section 24618 of the Education Code is amended to read:
24618. Losses or gains resulting from overpayment or underpayment
of contributions or other amounts under this part within the limits
set by the Department of General Services for automatic writeoff, and
losses or gains in greater amounts specifically approved for
writeoffs by the Department of General Services, shall be debited or
credited, as the case may be, to the appropriate reserve in the
retirement fund.
SEC. 21.
Section 68121 of the Education Code is amended to read:
68121. (a) Notwithstanding any other provision of law, no
mandatory systemwide fees or tuition of any kind shall be required or
collected by the Regents of the University of California or the
Trustees of the California State University, from a student who is in
an undergraduate program and who is the surviving dependent of any
individual killed in the September 11, 2001, terrorist attacks on the
World Trade Center in New York City, the Pentagon building in
Washington, DC, or the crash of United Airlines Flight 93 in
southwestern Pennsylvania, if he or she meets the financial need
requirements set forth in Section 69432.7 for the Cal Grant A Program
and either of the following apply:
(1) The surviving dependent was a resident of California on
September 11, 2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(b) (1) The California Victim Compensation Board shall identify
all persons who are eligible for tuition and fee waivers pursuant to
this section or subdivision (j) of Section 76300. That board shall
notify these persons or, in the case of minors, the parents or
guardians of these persons, of their eligibility for tuition and fee
waivers under these provisions. This notification shall be in
writing, and shall be received by all of the appropriate persons no
later than July 1, 2003.
(2) The Trustees of the California State University, the Regents
of the University of California and the governing board of each
community college district in the state shall waive tuition and fees,
as specified in this section and in subdivision (j) of Section
76300, for any person who can demonstrate eligibility. If requested
by the California State University, the University of California,
Hastings College of the Law, or a California Community College, the
California Victim Compensation Board, on a case-by-case basis, shall
confirm the eligibility of persons requesting the waiver of tuition
and fees, as provided for in this section.
(c) A determination of whether a person is a resident of
California on September 11, 2001, shall be based on the criteria set
forth in this chapter for determining nonresident and resident
tuition.
(d) (1) "Dependent," for purposes of this section, is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under this section until that person
obtains the age of 30 years.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation Board, is also entitled to the waivers
provided in this section until January 1, 2013.
SEC. 22. Section 70010.1 of the Education Code is amended to read:
70010.1. As used in this article:
(a) "Board" means the Scholarshare Investment Board established
pursuant to Section 69984.
(b) "California resident" means a person who would not be required
to pay nonresident tuition under Chapter 1 (commencing with Section
68000) of Part 41.
(c) "Dependent" means a person identified by the California Victim
Compensation Board because of his or her relationship to a
California resident killed as a result of injuries sustained during
the terrorist attacks of September 11, 2001.
(d) "Fund" means the California Memorial Scholarship Fund
established pursuant to Section 5066 of the Vehicle Code.
(e) "Institution of higher education" has the same meaning as
"eligible educational institution," as defined in paragraph (5) of
subsection (e) of Section 529 of the Internal Revenue Code of 1986,
as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public
Law 105-34).
(f) "Participant" means a surviving dependent of a California
resident killed as a result of injuries sustained during the
terrorist attacks of September 11, 2001, who has executed, or on
whose behalf has been executed, an agreement pursuant to Section
70011.
(g) "Program" means the California Memorial Scholarship Program
established pursuant to Section 70010.
(h) "Scholarship" means a participant's account as established by
the board with moneys deposited in the fund.
SEC. 23. Section 70010.5 of the Education Code is amended to read:
70010.5. (a) The California Victim Compensation Board shall
identify, and confirm by documentation, all persons who are eligible
for scholarships under the program. The California Victim
Compensation Board shall use various methods to identify those
persons, including, but not limited to, all of the following:
(1) Media outreach, including, but not limited to, social media,
that explains the details of the program, who is eligible for
scholarships under the program, and how to sign up for further
notifications regarding the program.
(2) Written notification to persons, or in the case of minors,
their parents or guardians, who have previously been identified as
eligible for scholarships under the program, and their known family
members. The notification shall explain that the program has been
reopened, and that the California Victim Compensation Board is
seeking information regarding other persons who may be eligible for
the program, and shall provide instructions on how to sign up for
further notifications regarding the program.
(3) Communication with the Special Master of the federal September
11th Victim Compensation Fund to determine if additional victims who
were California residents have been identified.
(b) After creating a new list of eligible persons for the program,
the California Victim Compensation Board shall notify these persons
or, in the case of minors, the parents or guardians of these persons,
of their eligibility for scholarships under the program.
(1) The notification shall be in writing.
(2) The notification shall provide details on the program and how
to apply for scholarships under the program.
(3) The notification shall be received by all of the appropriate
persons no later than July 1, 2015.
(c) The Scholarshare Investment Board shall service scholarships
pursuant to this article only for individuals determined to be
eligible by the California Victim Compensation Board.
(d) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the Scholarshare Investment
Board of their decision on whether to participate in the program in a
timely manner. Eligible persons, or in the case of minors, the
parents or guardians of these persons, who are to become participants
in the program shall execute agreements pursuant to Section 70011 no
later than July 1, 2016.
SEC. 24. Section 76300 of the Education Code is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation Board, is also entitled to the waivers
provided in this section until January 1, 2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 25. Section 81133 of the Education Code is amended to read:
81133. (a) The Department of General Services shall pass upon,
and approve or reject, all plans for the construction or, if the
estimated cost exceeds one hundred thousand dollars ($100,000), the
alteration of any school building. To enable it to do so, the
governing board of each community college district and any other
school authority before adopting any plans for the school building
shall submit the plans to the Department of General Services for
approval, and shall pay the fees prescribed in this article.
(b) Notwithstanding subdivision (a), where the estimated cost of
reconstruction or alteration of, or addition to, a school building
exceeds one hundred thousand dollars ($100,000), but does not exceed
two hundred twenty-five thousand dollars ($225,000), a licensed
structural engineer shall examine the proposed project to determine
if it is a nonstructural alteration or a structural alteration. If he
or she determines that the project is a nonstructural alteration, he
or she shall prepare a statement so indicating. If he or she
determines that the project is structural, he or she shall prepare
plans and specifications for the project which shall be submitted to
the Department of General Services for review and approval. A copy of
the engineer's report stating that the work does not affect
structural elements shall be filed with the Department of General
Services.
(c) If a licensed structural engineer submits a report to the
Department of General Services stating that the plans or activities
authorized pursuant to subdivision (b) do not involve structural
elements, then all of the following shall apply to that project:
(1) The design professional in responsible charge of the project
undertaken pursuant to this subdivision shall certify that the plans
and specifications for the project meet any applicable fire and life
safety standards, and do not affect the disabled access requirements
of Section 4450 of the Government Code, and shall submit this
certification to the Department of General Services. The letter of
certification shall bear the identifying licensing stamp or seal of
the design professional. This paragraph does not preclude a design
professional from submitting plans and specifications to the
Department of General Services along with the appropriate fee for
review.
(2) Within 10 days of the completion of any project authorized
pursuant to subdivision (b), the school construction inspector of
record on the project, who is certified by the Department of General
Services to inspect school buildings, shall certify in writing to the
Department of General Services that the reconstruction, alteration,
or addition has been completed in compliance with the plans and
specifications.
(3) The dollar amounts cited in this section shall be increased on
an annual basis, commencing January 1, 2018, by the Department of
General Services according to an inflationary index governing
construction costs that is selected and recognized by the Department
of General Services.
(4) No community college district shall subdivide a project for
the purpose of evading the limitation on amounts cited in this
section.
(5) Before letting any contract for any construction or alteration
of any school building, the written approval of the plans, as to
safety of design and construction, by the Department of General
Services, shall first be had and obtained.
(6) In each case the application for approval of the plans shall
be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates of
cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
(7) (A) The application shall be accompanied by a filing fee in
amounts as determined by the Department of General Services based on
the estimated cost according to the following schedule:
(i) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(ii) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
(B) The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount by
which the actual cost exceeds the amount of the estimated cost.
(8) (A) All fees collected under this article shall be paid into
the State Treasury and credited to the Public School Planning,
Design, and Construction Review Revolving Fund, and are continuously
appropriated, without regard to fiscal years, for the use of the
Department of General Services, subject to approval of the Department
of Finance, in carrying out this article.
(B) Adjustments in the amounts of the fees, as determined by the
Department of General Services and approved by the Department of
Finance, shall be made within the limits set in paragraph (7) in
order to maintain a reasonable working balance in the fund.
(9) No contract for the construction or alteration of any school
building, made or executed by the governing board of any community
college district or other public board, body, or officer otherwise
vested with authority to make or execute this contract, is valid, and
no public money shall be paid for any work done under this contract
or for any labor or materials furnished in constructing or altering
the building, unless the plans, specifications, and estimates comply
in every particular with the provisions of this article and the
requirements prescribed by the Department of General Services and
unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
(d) For purposes of this section, "design professional in
responsible charge" or "design professional" means the licensed
architect, licensed structural engineer, or licensed civil engineer
who is responsible for the completion of the design work involved
with the project.
SEC. 26. Section 89750.5 of the Education Code is amended to read:
89750.5. (a) Notwithstanding Sections 948 and 965.2 of the
Government Code or any other law, the trustees may settle, adjust, or
compromise any pending action or final judgment, without the need
for a recommendation, certification, or approval from any other state
officer or entity. The Controller shall draw a warrant for the
payment of any settlement, adjustment, or compromise, or final
judgment against the trustees if the trustees certify that a
sufficient appropriation for the payment of the settlement,
adjustment, compromise, or final judgment exists.
(b) Notwithstanding paragraph (3) of subdivision (b) of Section
905.2 of the Government Code or any other law, the trustees may pay
any claim for money or damages on express contract or for an injury
for which the trustees or their officers or employees are liable,
without approval of the Department of General Services, if the
trustees determine that payment of the claim is in the best interests
of the California State University and that funds are available to
pay the claim. The
authority of the trustees conferred by this subdivision does not
alter any other requirements governing claims in the Government
Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code), except to grant the trustees authority to pay
these claims.
(c) Notwithstanding Chapter 3 (commencing with Section 13940) of
Part 4 of Division 3 of Title 2 of the Government Code, the trustees
may discharge from accountability the sum of one thousand dollars
($1,000) or less, owing to the California State University, if the
trustees determine that the money is uncollectible or the amount does
not justify the cost of collection. A discharge of accountability by
the trustees does not release any person from the payment of any
moneys due the California State University.
SEC. 27. Section 1122 of the Fish and Game Code is amended to
read:
1122. Any claim for damages arising against the state under
Section 1121 shall be presented to the Department of General Services
in accordance with Section 905.2 of the Government Code, and if not
covered by insurance provided pursuant to Section 1121, the claim
shall be payable only out of funds appropriated by the Legislature
for that purpose. If the state elects to insure its liability under
Section 1121, the Department of General Services may automatically
deny the claim.
SEC. 28. Section 15512 of the Fish and Game Code is amended to
read:
15512. (a) If aquatic plants or animals are destroyed pursuant to
subdivision (e) of Section 15505, the owner shall be promptly paid
from the General Fund an amount equal to 75 percent of the
replacement value of the plants or animals, less the value determined
by the department of any replacement stock provided by the
department under subdivision (b) if the claim is submitted pursuant
to Section 15513. If the replacement value is not settled between the
owner and the department, the replacement value shall be determined
by an appraiser appointed by the director and an appraiser appointed
by the owner. Appraiser's fees shall be paid by the appointing party.
Disputes between these two appraisers shall be submitted to
arbitration under the Commercial Arbitration Rules of the American
Arbitration Association.
(b) If the department provides replacement stock to an
aquaculturist whose plants or animals are destroyed pursuant to
subdivision (e) of Section 15505, the amount to be paid to the
aquaculturist pursuant to this section shall be reduced by the value
of the replacement stock, as determined by the department.
(c) The result of the arbitration or the amount settled between
the owner and the department, reduced by the value determined by the
department of any replacement stock provided under subdivision (b),
may be submitted as a claim by the owner to the Department of General
Services pursuant to Section 15513.
SEC. 29. Section 3955 of the Food and Agricultural Code is amended
to read:
3955. Claims against an association shall be presented to the
Department of General Services in accordance with Part 3 (commencing
with Section 900) and Part 4 (commencing with Section 940) of
Division 3.6 of Title 1 of the Government Code.
SEC. 30. Section 14978.2 of the Food and Agricultural Code is
amended to read:
14978.2. (a) The board may establish the Commercial Feed
Inspection Committee as an entity to administer this chapter. The
committee shall consist of eight persons appointed by the board who
shall be licensed under this chapter. The committee may, with the
concurrence of the director, appoint one additional member to the
committee, who shall be a public member. The public member shall be a
citizen and resident of California who is not subject to the
licensing requirements of this chapter, and who has no financial
interest in any person licensed under this chapter.
(b) Each member shall have an alternate member appointed in the
same manner as the member, who shall serve in the absence of the
member for whom they are designated as alternate and who shall have
all the duties and exercise the full rights and privileges of
members.
(c) The committee may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers shall have the powers and duties
delegated to them by the committee.
(d) The members and alternate members, when acting as members,
shall serve without compensation but shall be reimbursed for expenses
necessarily incurred by them in the performance of their duties in
accordance with the rules of the Department of General Services.
(e) A quorum of the committee shall be five members. A vote of the
majority of the members present at a meeting at which there is a
quorum shall constitute the act of the committee.
(f) No member or alternate member, or any employee or agent
thereof, shall be personally liable for the actions of the committee
or responsible individually in any way for errors in judgment,
mistakes, or other acts, either by commission or omission, except for
his or her own individual acts of dishonesty or crime.
SEC. 31. Section 52295 of the Food and Agricultural Code is
amended to read:
52295. Members of the board shall receive no salary but may be
allowed per diem in accordance with Department of General Services
rules for attendance at meetings and other board activities
authorized by the board and approved by the director.
SEC. 32. Section 800 of the Government Code is amended to read:
800. (a) In any civil action to appeal or review the award,
finding, or other determination of any administrative proceeding
under this code or under any other provision of state law, except
actions resulting from actions of the Department of General Services,
if it is shown that the award, finding, or other determination of
the proceeding was the result of arbitrary or capricious action or
conduct by a public entity or an officer thereof in his or her
official capacity, the complainant if he or she prevails in the civil
action may collect from the public entity reasonable attorney's
fees, computed at one hundred dollars ($100) per hour, but not to
exceed seven thousand five hundred dollars ($7,500), if he or she is
personally obligated to pay the fees in addition to any other relief
granted or other costs awarded.
(b) This section is ancillary only, and shall not be construed to
create a new cause of action.
(c) The refusal by a public entity or officer thereof to admit
liability pursuant to a contract of insurance shall not be considered
arbitrary or capricious action or conduct within the meaning of this
section.
SEC. 33. Section 850.6 of the Government Code is amended to read:
850.6. (a) Whenever a public entity provides fire protection or
firefighting service outside of the area regularly served and
protected by the public entity providing that service, the public
entity providing the service is liable for any injury for which
liability is imposed by statute caused by its act or omission or the
act or omission of its employee occurring in the performance of that
fire protection or firefighting service. Notwithstanding any other
law, the public entity receiving the fire protection or firefighting
service is not liable for any act or omission of the public entity
providing the service or for any act or omission of an employee of
the public entity providing the service; but the public entity
providing the service and the public entity receiving the service may
by agreement determine the extent, if any, to which the public
entity receiving the service will be required to indemnify the public
entity providing the service.
(b) Notwithstanding any other provision of this section, any
claims against the state shall be presented to the Department of
General Services in accordance with Part 3 (commencing with Section
900) and Part 4 (commencing with Section 940) of Division 3.6 of
Title 1.
SEC. 34. Section 900.2 of the Government Code is amended to read:
900.2. "Board" means:
(a) In the case of a local public entity, the governing body of
the local public entity.
(b) In the case of the state, except as provided by subdivisions
(c) and (d), the Department of General Services.
(c) In the case of a judicial branch entity or judge of one of
those entities, the Judicial Council.
(d) In the case of the California State University, the Trustees
of the California State University.
SEC. 35. Section 905.2 of the Government Code is amended to read:
905.2. (a) This section shall apply to claims against the state
filed with the Department of General Services except as provided in
subparagraph (B) of paragraph (2) of subdivision (b).
(b) There shall be presented in accordance with this chapter and
Chapter 2 (commencing with Section 910) all claims for money or
damages against the state:
(1) For which no appropriation has been made or for which no fund
is available but the settlement of which has been provided for by
statute or constitutional provision.
(2) (A) For which the appropriation made or fund designated is
exhausted.
(B) Claims for reissuance of stale, dated, or replacement warrants
shall be filed with the state entity that originally issued the
warrant and, if allowed, shall be paid from the issuing entity's
current appropriation.
(3) For money or damages on express contract, or for an injury for
which the state is liable.
(4) For which settlement is not otherwise provided for by statute
or constitutional provision.
(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (b), except for claims
for reissuance of stale, dated, or replacement warrants as described
in subparagraph (B) of paragraph (2) of subdivision (b). This fee
shall be deposited into the Service Revolving Fund and shall only be
available for the support of the Department of General Services upon
appropriation by the Legislature.
(1) The fee shall not apply to the following persons:
(A) Persons who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplementary Payment
(SSP) programs (Article 5 (commencing with Section 12200) of Chapter
3 of Part 3 of Division 9 of the Welfare and Institutions Code), the
California Work Opportunity and Responsibility to Kids Act (CalWORKs)
program (Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code), the federal
Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011
et seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Persons whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
California Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.
(C) Persons who are sentenced to imprisonment in a state prison or
confined in a county jail, or who are residents in a state
institution and, within 90 days prior to the date the claim is filed,
have a balance of one hundred dollars ($100) or less credited to the
inmate's or resident's trust account. A certified copy of the
statement of the account shall be submitted.
(2) Any claimant who requests a fee waiver shall attach to the
application a signed affidavit requesting the waiver and verification
of benefits or income and any other required financial information
in support of the request for the waiver.
(3) Notwithstanding any other law, an applicant shall not be
entitled to a hearing regarding the denial of a request for a fee
waiver.
(d) The time for the Department of General Services to determine
the sufficiency, timeliness, or any other aspect of the claim shall
begin when any of the following occur:
(1) The claim is submitted with the filing fee.
(2) The fee waiver is granted.
(3) The filing fee is paid to the department upon the department's
denial of the fee waiver request, so long as payment is received
within 10 calendar days of the mailing of the notice of the denial.
(e) Upon approval of the claim by the Department of General
Services, the fee shall be reimbursed to the claimant, except that no
fee shall be reimbursed if the approved claim was for the payment of
an expired warrant. Reimbursement of the filing fee shall be paid by
the state entity against which the approved claim was filed. If the
claimant was granted a fee waiver pursuant to this section, the
amount of the fee shall be paid by the state entity to the
department. The reimbursement to the claimant or the payment to the
department shall be made at the time the claim is paid by the state
entity, or shall be added to the amount appropriated for the claim in
an equity claims bill.
(f) The board may assess a surcharge to the state entity against
which the approved claim was filed in an amount not to exceed 15
percent of the total approved claim. The board shall not include the
refunded filing fee in the surcharge calculation. This surcharge
shall be deposited into the General Fund and may be appropriated in
support of the board as reimbursements to Item 7870-001-0001 of
Section 2.00 of the annual Budget Act.
(1) The surcharge shall not apply to approved claims to reissue
expired warrants.
(2) Upon the request of the department in a form prescribed by the
Controller, the Controller shall transfer the fees from the state
entity's appropriation to the appropriation for the support of the
department. However, the department shall not request an amount that
shall be submitted for legislative approval pursuant to Section
13928.
(g) The filing fee required by subdivision (c) shall apply to all
claims filed after June 30, 2004, or the effective date of this
statute. The surcharge authorized by subdivision (f) may be
calculated and included in claims paid after June 30, 2004, or the
effective date of the statute adding this subdivision.
(h) This section shall not apply to claims made for a violation of
the California Whistleblower Protection Act (Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2).
SEC. 36. Section 905.3 of the Government Code is amended to read:
905.3. Notwithstanding any other law to the contrary, no claim
shall be submitted by a local agency or school district, nor shall a
claim be considered by the Department of General Services pursuant to
Section 905.2, if that claim is eligible for consideration by the
Commission on State Mandates pursuant to Article 1 (commencing with
Section 17550) of Chapter 4 of Part 7 of Division 4 of Title 2.
SEC. 37. Section 906 of the Government Code is amended to read:
906. (a) As used in this section, "amount allowed on the claim"
means the amount allowed by the Department of General Services on a
claim allowed, in whole or in part, or the amount offered by the
department to settle or compromise a claim.
(b) Except as otherwise provided in this subdivision, no interest
is payable on the amount allowed on the claim if payment of the claim
is subject to approval of an appropriation by the Legislature. If an
appropriation is made for the payment of a claim described in this
subdivision, interest on the amount appropriated for the payment of
the claim commences to accrue 180 days after the effective date of
the act by which the appropriation is enacted.
SEC. 38. Section 911.2 of the Government Code is amended to read:
911.2. (a) A claim relating to a cause of action for death or for
injury to person or to personal property or growing crops shall be
presented as provided in Article 2 (commencing with Section 915) not
later than six months after the accrual of the cause of action. A
claim relating to any other cause of action shall be presented as
provided in Article 2 (commencing with Section 915) not later than
one year after the accrual of the cause of action.
(b) For purposes of determining whether a claim was commenced
within the period provided by law, the date the claim was presented
to the Department of General Services is one of the following:
(1) The date the claim is submitted with a twenty-five dollar
($25) filing fee.
(2) If a fee waiver is granted, the date the claim was submitted
with the affidavit requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was submitted
with the affidavit requesting the fee waiver, provided the filing fee
is paid to the department within 10 calendar days of the mailing of
the notice of the denial of the fee waiver.
SEC. 39. Section 912.5 of the Government Code is amended to read:
912.5. (a) The Trustees of the California State University shall
act on a claim against the California State University in accordance
with the procedure that the Trustees of the California State
University provide by rule.
(b) Nothing in this section authorizes the Trustees of the
California State University to adopt any rule that is inconsistent
with this part.
(c) If a claim for money or damages against the California State
University is mistakenly presented to the Department of General
Services, the Department of General Services shall immediately notify
the claimant of the error and shall include information on proper
filing of the claim.
SEC. 40. Section 915 of the Government Code is amended to read:
915. (a) A claim, any amendment thereto, or an application to the
public entity for leave to present a late claim shall be presented
to a local public entity by either of the following means:
(1) Delivering it to the clerk, secretary or auditor thereof.
(2) Mailing it to the clerk, secretary, auditor, or to the
governing body at its principal office.
(b) Except as provided in subdivisions (c) and (d), a claim, any
amendment thereto, or an application for leave to file a late claim
shall be presented to the state by either of the following means:
(1) Delivering it to an office of the Department of General
Services.
(2) Mailing it to the Department of General Services at its
principal office.
(c) A claim, any amendment thereto, or an application for leave to
file a late claim shall be presented to a judicial branch entity in
accordance with the following means:
(1) Delivering or mailing it to the court executive officer, if
against a superior court or a judge, court executive officer, or
trial court employee, as defined in Section 811.9, of that court.
(2) Delivering or mailing it to the clerk/administrator of the
court of appeals, if against a court of appeals or a judge of that
court.
(3) Delivering or mailing it to the Clerk of the Supreme Court, if
against the Supreme Court or a judge of that court.
(4) Delivering or mailing it to the Secretariat of the Judicial
Council, if against the Judicial Council or the Administrative Office
of the Courts.
(d) A claim, any amendment thereto, or an application for leave to
file a late claim shall be presented to the Trustees of the
California State University by delivering or mailing it to the Office
of Risk Management at the Office of the Chancellor of the California
State University.
(e) A claim, amendment or application shall be deemed to have been
presented in compliance with this section even though it is not
delivered or mailed as provided in this section if, within the time
prescribed for presentation thereof, any of the following apply:
(1) It is actually received by the clerk, secretary, auditor, or
board of the local public entity.
(2) It is actually received at an office of the Department of
General Services.
(3) If against the California State University, it is actually
received by the Trustees of the California State University.
(4) If against a judicial branch entity or judge, it is actually
received by the court executive officer, court clerk/administrator,
court clerk, or secretariat of the judicial branch entity.
(f) A claim, amendment or application shall be deemed to have been
presented in compliance with this section to a public agency as
defined in Section 53050 if it is delivered or mailed within the time
prescribed for presentation thereof in conformity with the
information contained in the statement in the Roster of Public
Agencies pertaining to that public agency which is on file at the
time the claim, amendment or application is delivered or mailed. As
used in this subdivision, "statement in the Roster of Public Agencies"
means the statement or amended statement in the Roster of Public
Agencies in the office of the Secretary of State or in the office of
the county clerk of any county in which the statement or amended
statement is on file.
SEC. 41. Section 920 of the Government Code is amended to read:
920. As used in this chapter, "omnibus claim appropriation" means
an act of appropriation, or an item of appropriation in a budget
act, by which the Legislature appropriates a lump sum to pay the
claim of the Department of General Services or its secretary against
the state in an amount that the Legislature has determined is
properly chargeable to the state.
SEC. 42. Section 925 of the Government Code is amended to read:
925. As used in this chapter, "department" means the Department
of General Services.
SEC. 43. Section 925.4 of the Government Code is amended to read:
925.4. Any person having a claim against the state for which
appropriations have been made, or for which state funds are
available, may present it to the Controller in the form and manner
prescribed by the general rules and regulations adopted by the
department for the presentation and audit of claims.
SEC. 44. Section 925.6 of the Government Code is amended to read:
925.6. (a) The Controller shall not draw his or her warrant for
any claim until it has been audited by him or her in conformity with
law and the general rules and regulations adopted by the department,
governing the presentation and audit of claims. Whenever the
Controller is directed by law to draw his or her warrant for any
purpose, the direction is subject to this section.
(b) Notwithstanding the provisions of subdivision (a), the
Assembly Committee on Rules, the Senate Committee on Rules, and the
Joint Rules Committee, in cooperation with the Controller, shall
adopt rules and regulations to govern the presentation of claims of
the committees to the Controller. The Controller, in cooperation with
the committees, shall adopt rules and regulations governing the
audit and recordkeeping of claims of the committees. All rules and
regulations shall be adopted by January 31, 1990, shall be published
in the Assembly and Senate Journals, and shall be made available to
the public.
(c) Rules and regulations adopted pursuant to subdivision (b)
shall not be subject to the review by or approval of the Office of
Administrative Law.
(d) Records of claims kept by the Controller pursuant to
subdivision (b) shall be open to public inspection as permitted by
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).
SEC. 45. Section 926 of the Government Code is amended to read:
926. If he or she disapproves a claim, the Controller shall file
it and a statement of his or her disapproval and his or her reasons
with the department as prescribed in the rules and regulations of the
department.
SEC. 46. Section 926.2 of the Government Code is amended to read:
926.2. The Controller shall not entertain for a second time a
claim against the state once rejected by him or her or by the
Legislature unless such facts are subsequently presented to the
department as in suits between individuals that would furnish
sufficient ground for granting a new trial.
SEC. 47. Section 926.4 of the Government Code is amended to read:
926.4. Any person who is aggrieved by the disapproval of a claim
by the Controller may appeal to the department. If the department
finds that facts are presented justifying such action, the Controller
shall reconsider his or her rejection of the claim.
SEC. 48. Section 926.6 of the Government Code is amended to read:
926.6. After final rejection of a claim by the Controller
following reconsideration, any person interested may appeal to the
Legislature by filing with the department a notice of appeal. Upon
receipt of such notice the department shall transmit to the
Legislature the rejected claim, all papers accompanying it, and a
statement of the evidence taken before the department.
SEC. 49. Section 927.13 of the Government Code is amended to read:
927.13. (a) Unless otherwise provided for by statute, any state
agency that fails to submit a correct claim schedule to the
Controller within 30 days of receipt of a notice of refund or other
payment due, and fails to issue payment within 45 days from the
notice of refund or other payment due, shall be liable for penalties
on the undisputed amount pursuant to this section. The penalties
shall be paid out of the agency's funds at a rate equal to the Pooled
Money Investment Account daily rate on June 30 of the prior fiscal
year minus 1 percent. The penalties shall cease to accrue on the date
full payment or refund is made. If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency. On an exception basis, state agencies may avoid
payment of penalties for failure to submit a correct claim schedule
to the Controller by paying the claimant directly from the state
agency's revolving fund within 45 calendar days following the agency'
s receipt of the notice of refund or other payment due.
(b) The Controller shall pay claimants within 15 calendar days of
receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days following the agency's receipt of a notice of
refund or undisputed payment due, the Controller shall pay
applicable penalties to the claimant. Penalties shall cease to accrue
on the date full payment is made, and shall be paid out of the
Controller's funds. If the amount of the penalty is ten dollars ($10)
or less, the penalty shall be waived and not paid by the Controller.
(c) No person shall receive an interest payment pursuant to this
section if it is determined that the person has intentionally
overpaid on a liability solely for the purpose of receiving a penalty
payment.
(d) No penalty shall accrue during any time period for which there
is no Budget Act in effect, nor on any payment or refund that is the
result of a federally mandated program or that is directly dependent
upon the receipt of federal funds by a state agency.
(e) This
section shall not apply to any of the following:
(1) Payments, refunds, or credits for income tax purposes.
(2) Payment of claims for reimbursement for health care services
or mental health services provided under the Medi-Cal program,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(3) Any payment made pursuant to a public social service or public
health program to a recipient of benefits under that program.
(4) Payments made on claims by the Department of General Services.
(5) Payments made by the Commission on State Mandates.
(6) Payments made by the Department of Human Resources pursuant to
Section 19823.
SEC. 50. Section 935.6 of the Government Code is amended to read:
935.6. (a) The Department of General Services may authorize any
state agency to settle and pay claims filed pursuant to Section 905.2
if the settlement does not exceed one thousand dollars ($1,000) or a
lesser amount as the department may determine, or to reject the
claim and provide the notice required by Section 913. The department
may require state agencies that it so authorizes to report annually
to the department concerning the claims resolved pursuant to this
section.
(b) As used in this section, "state agency" means any office,
officer, department, division, bureau, board, commission, or agency
of the state, claims against which are paid by warrants drawn by the
Controller, but does not mean any judicial branch entity, as defined
in Section 900.3, or any judge thereof.
SEC. 51. Section 935.7 of the Government Code is amended to read:
935.7. (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
Department of General Services if both of the following conditions
exist:
(1) The amount claimed is equal to or less than the amount
specified as the small claims court jurisdictional amount in Section
116.221 of the Code of Civil Procedure.
(2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
(b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
(c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.
SEC. 52. Section 940.2 of the Government Code is amended to read:
940.2. "Board" means:
(a) In the case of a local public entity, the governing body of
the local public entity.
(b) In the case of the state, except as provided by subdivisions
(c) and (d), the Department of General Services.
(c) In the case of a judicial branch entity or a judge thereof,
the Judicial Council.
(d) In the case of the California State University, the Trustees
of the California State University.
SEC. 53. Section 965 of the Government Code is amended to read:
965. (a) Upon the allowance by the Department of General Services
of all or part of a claim for which the Director of Finance
certifies that a sufficient appropriation for the payment of the
claim exists, and the execution and presentation of documents the
department may require that discharge the state of all liability
under the claim, the department shall designate the fund from which
the claim is to be paid, and the state agency concerned shall pay the
claim from that fund. If there is no sufficient appropriation for
the payment available, the department shall report to the Legislature
in accordance with Section 912.8. Claims arising out of the
activities of the State Department of Transportation may be paid if
either the Director of Transportation or the Director of Finance
certifies that a sufficient appropriation for the payment of the
claim exists.
(b) Notwithstanding subdivision (a), if there is no sufficient
appropriation for the payment of claims, settlements, or judgments
against the state arising from an action in which the state is
represented by the Attorney General, the Attorney General shall
report the claims, settlements, and judgments to the chairperson of
either the Senate Committee on Appropriations or the Assembly
Committee on Appropriations, who shall cause to be introduced
legislation appropriating funds for the payment of the claims,
settlements, or judgments.
(c) Notwithstanding subdivision (a) or (b), claims, settlements,
or judgments arising out of the activities of a judicial branch
entity, as defined by Sections 900.3 and 940.3, or a judge thereof
may be paid if the Judicial Council authorizes payment and the
Administrative Director of the Courts certifies that sufficient funds
for that payment exist from funds allocated to settlement,
adjustment, and compromise of actions and claims. If sufficient funds
for payment of settlements or judgments do not exist, the
Administrative Director of the Courts shall report the settlements
and judgments to the chairperson of either the Senate Committee on
Appropriations or the Assembly Committee on Appropriations, who shall
cause to be introduced legislation appropriating funds for the
payment of the settlements or judgments. If sufficient funds for
payment of claims do not exist, the Administrative Director of the
Courts shall report the claims to the Department of General Services,
which shall have 90 days to object to payment. The Administrative
Director of the Courts shall confer with the Director of General
Services regarding any objection received during the 90-day period.
If the Department of General Services withdraws the objection, or if
no objection was received, the Administrative Director of the Courts
shall report the claims to the chairperson of either the Senate
Committee on Appropriations or the Assembly Committee on
Appropriations, who shall cause to be introduced legislation
appropriating funds for the payment of the claims. The Judicial
Council may authorize any committee of the Judicial Council or any
employee of the Administrative Office of the Courts to perform the
functions of the Judicial Council under this section. The
Administrative Director of the Courts may designate an executive
staff member of the Administrative Office of the Courts to perform
the functions of the Administrative Director of the Courts under this
section.
SEC. 54. Section 965.1 of the Government Code is amended to read:
965.1. The Director of General Services may allow a claim filed
pursuant to subdivision (c) of Section 905.2 if the settlement amount
of that claim does not exceed fifty thousand dollars ($50,000), or
to reject any claim as so described.
SEC. 55. Section 965.5 of the Government Code is amended to read:
965.5. (a) A judgment for the payment of money against the state
or a state agency is enforceable until 10 years after the time the
judgment becomes final or, if the judgment is payable in
installments, until 10 years after the final installment becomes due.
(b) A judgment for the payment of money against the state or a
state agency is not enforceable under Title 9 (commencing with
Section 680.010) of Part 2 of the Code of Civil Procedure, but is
enforceable under this chapter.
(c) Interest on the amount of a judgment or settlement for the
payment of moneys against the state shall commence to accrue 180 days
from the date of the final judgment or settlement.
(d) Unless another statute provides a different interest rate,
interest on a tax or fee judgment for the payment of moneys against
the state shall accrue at a rate equal to the weekly average one year
constant maturity United States Treasury yield at the time of the
judgment plus 2 percent, but shall not exceed 7 percent per annum.
(e) Subdivisions (c) and (d) shall not apply to any claim approved
by the Department of General Services.
SEC. 56. Section 997.1 of the Government Code is amended to read:
997.1. (a) Any person may file an application with the Department
of General Services for compensation based on personal property
loss, personal injury, or death, including noneconomic loss, arising
from the Bay Bridge or I-880 Cypress structure collapse caused by the
October 17, 1989, earthquake. Any application made pursuant to this
section shall be presented to the department no later than April 18,
1990, on forms prescribed and provided by the department, except that
a late claim may be presented to the department pursuant to the
procedure specified by Section 911.4. Each presented application
shall be verified under penalty of perjury and shall contain all of
the following information:
(1) The name of the injured party or in the event of loss of life,
the name and age of the decedent and the names and ages of heirs as
defined in subdivision (b) of Section 377 of the Code of Civil
Procedure.
(2) An authorization permitting the department to obtain relevant
medical and employment records.
(3) A brief statement describing when, where, and how the injury
or death occurred.
(4) A statement as to whether the applicant wishes to apply for
emergency relief provided pursuant to Section 997.2.
(b) Upon receipt of an application, the department shall evaluate
the application and may require the applicant to submit additional
information or documents that are necessary to verify and evaluate
the application. The department shall resolve an application within
six months from the date of presentation of the application unless
this period of time is extended by mutual agreement between the
department and the applicant. Any application that is not resolved
within this resolution period shall be deemed denied.
(c) Following resolution of an application, if the applicant
desires to pursue additional remedies otherwise provided by this
division, the applicant shall file a court action within six months
of the mailing date of the department's rejection or denial of the
application or the applicant's rejection of the department's offer.
(d) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
property loss, personal injury, or death resulting from the collapse
of the Bay Bridge or the I-880 Cypress structure against the State of
California, its agencies, officers, or employees, shall be deemed to
be an application under this part and subject to the provisions set
forth in this part. Additionally, any application made pursuant to
this part shall be deemed to be in compliance with Part 3 (commencing
with Section 900).
(e) Notwithstanding any other law, resolution of applications
pursuant to the provisions of this part is a condition precedent to
the filing of any action for personal property loss, personal injury,
or death resulting from the collapse of the Bay Bridge or the I-880
Cypress structure in any court of the State of California against the
State of California, its agencies, officers, or employees. Any suit
filed by an applicant in any court of this state against the State of
California or its agencies, officers, or employees shall be stayed
pending resolution of the application.
SEC. 57. Section 998.2 of the Government Code is amended to read:
998.2. (a) Any person or business may file an application with
the Department of General Services for compensation based on personal
injury, property loss, business loss, or other economic loss,
claimed to have been incurred as a result of the Lake Davis Northern
Pike Eradication Project. Any application made pursuant to this
section shall be presented to the department in accordance with this
division. A late claim may be presented to the department pursuant to
the procedure specified by Section 911.4. Each application shall
contain, in addition to the information required by Section 910, all
of the following:
(1) The legal name of any business claiming a loss, as well as the
names of the owners and officers of the business.
(2) For any property owner claiming diminution of property value,
the names of all persons holding a legal interest in the property.
(3) The name of any person claiming to have suffered personal
injury.
(4) An authorization permitting the office of the Attorney General
or its designee to obtain relevant medical, employment, business,
property, and tax records.
(5) A brief statement describing when, where, and how the injury,
loss, or diminution in market value occurred.
(b) Upon receipt of an application presented pursuant to this
section from the Department of General Services, the office of the
Attorney General or its designee shall examine the application and
may require the applicant to submit additional information or
documents that are necessary to verify and evaluate the application.
The office of the Attorney General or its designee shall attempt to
resolve an application within six months from the effective date of
this part unless this period of time is extended by mutual agreement
between the office of the Attorney General or its designee and the
applicant. Any application that does not result in a final settlement
agreement within the resolution period shall be deemed denied,
allowing the claimant to proceed with a court action pursuant to
Chapter 2 (commencing with Section 945) of Part 4.
(c) The office of the Attorney General or its designee shall adopt
guidelines in consultation with one representative designated by the
City of Portola, one representative designated by the County of
Plumas, and one member of the public to be selected jointly by the
city and the county. Any guidelines so developed shall be used to
evaluate and settle claims filed pursuant to this part.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2, any regulations adopted thereunder by the
Attorney General in order to implement this section shall not be
subject to the review and approval of the Office of Administrative
Law, nor subject to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2).
(d) Any court action following denial of an application, including
denial pursuant to subdivision (b), shall be filed within six months
of the mailing date of the department's rejection or denial of the
application or the applicant's rejection of the department's offer
pursuant to Section 945.6 or subdivision (b) of Section 998.3.
(e) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
injury, property loss, business loss, or other economic loss
resulting from the Lake Davis Northern Pike Eradication Project
against the State of California or its agencies, officers, or
employees, shall be deemed to be an application under this part and
is subject to the provisions set forth in this part. Additionally,
any application made pursuant to this part shall be deemed to be in
compliance with Part 3 (commencing with Section 900).
(f) Notwithstanding any other law, the resolution or denial of an
application pursuant to this part is a condition precedent to the
filing of any action for personal injury, property damage, business
loss, or other economic loss, resulting from the Lake Davis Northern
Pike Eradication Project in any court of the State of California,
against the State of California or its agencies, officers, or
employees. Any suit filed by an applicant in any court of this state
against the State of California or its agencies, officers, or
employees shall be stayed pending resolution or denial of the
application.
SEC. 58. Section 1151 of the Government Code is amended to read:
1151. State employees may authorize deductions to be made from
their salaries or wages for payment of one or more of the following:
(a) Insurance premiums or other employee benefit programs
sponsored by a state agency under appropriate statutory authority.
(b) Premiums on National Service Life Insurance or United States
Government Converted Insurance.
(c) Shares or obligations to any regularly chartered credit union.
(d) Recurrent fees or charges payable to a state agency for a
program that has a purpose related to government, as determined by
the Controller.
(e) The purchase of United States savings bonds in accordance with
procedures established by the Controller.
(f) Payment of charitable contributions under any plan approved by
the Department of General Services in accordance with procedures
established by the Controller.
(g) Passes, tickets, or tokens issued for a period of one month,
or more, by a public transportation system.
(h) Deposit into an employee's account with a state or federal
bank or savings and loan association located in this state, for
services offered by that bank or savings and loan association.
(i) The purchase of any investment or thrift certificate issued by
an industrial loan company licensed by this state.
SEC. 59. Section 3515.7 of the Government Code is amended to read:
3515.7. (a) Once an employee organization is recognized as the
exclusive representative of an appropriate unit it may enter into an
agreement with the state employer providing for organizational
security in the form of maintenance of membership or fair share fee
deduction.
(b) The state employer shall furnish the recognized employee
organization with sufficient employment data to allow the
organization to calculate membership fees and the appropriate fair
share fees, and shall deduct the amount specified by the recognized
employee organization from the salary or wages of every employee for
the membership fee or the fair share fee. These fees shall be
remitted monthly to the recognized employee organization along with
an adequate itemized record of the deductions, including, if required
by the recognized employee organization, machine readable data. Fair
share fee deductions shall continue until the effective date of a
successor agreement or implementation of the state's last, best, and
final offer, whichever occurs first. The Controller shall retain,
from the fair share fee deduction, an amount equal to the cost of
administering this section. The state employer shall not be liable in
any action by a state employee seeking recovery of, or damages for,
improper use or calculation of fair share fees.
(c) Notwithstanding subdivision (b), any employee who is a member
of a religious body whose traditional tenets or teachings include
objections to joining or financially supporting employee
organizations shall not be required to financially support the
recognized employee organization. That employee, in lieu of a
membership fee or a fair share fee deduction, shall instruct the
employer to deduct and pay sums equal to the fair share fee to a
nonreligious, nonlabor organization, charitable fund approved by the
Department of General Services for receipt of charitable
contributions by payroll deductions.
(d) A fair share fee provision in a memorandum of understanding
that is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for the vote is supported by a petition
containing the signatures of at least 30 percent of the employees in
the unit; (2) the vote is by secret ballot; and (3) the vote may be
taken at any time during the term of the memorandum of understanding,
but in no event shall there be more than one vote taken during the
term. If the Department of General Services determines that the
appropriate number of signatures have been collected, it shall
conduct the vote in a manner that it shall prescribe. Notwithstanding
this subdivision, the state employer and the recognized employee
organization may negotiate, and by mutual agreement provide for, an
alternative procedure or procedures regarding a vote on a fair share
fee provision.
(e) Every recognized employee organization that has agreed to a
fair share fee provision shall keep an adequate itemized record of
its financial transactions and shall make available annually, to the
Department of General Services and to the employees in the unit,
within 90 days after the end of its fiscal year, a detailed written
financial report thereof in the form of a balance sheet and an
operating statement, certified as to accuracy by its president and
treasurer or comparable officers. In the event of failure of
compliance with this section, any employee in the unit may petition
the Department of General Services for an order compelling this
compliance, or the Department of General Services may issue a
compliance order on its own motion.
(f) If an employee who holds conscientious objections pursuant to
subdivision (c) requests individual representation in a grievance,
arbitration, or administrative hearing from the recognized employee
organization, the recognized employee organization is authorized to
charge the employee for the reasonable cost of the representation.
(g) An employee who pays a fair share fee shall be entitled to
fair and impartial representation by the recognized employee
organization. A breach of this duty shall be deemed to have occurred
if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
SEC. 60. Section 6254.17 of the Government Code is amended to
read:
6254.17. (a) Nothing in this chapter shall be construed to
require disclosure of records of the California Victim Compensation
Board that relate to a request for assistance under Article 1
(commencing with Section 13950) of Chapter 5 of Part 4 of Division 3
of Title 2.
(b) This section shall not apply to a disclosure of the following
information, if no information is disclosed that connects the
information to a specific victim, derivative victim, or applicant
under Article 1 (commencing with Section 13950) of Chapter 5 of Part
4 of Division 3 of Title 2:
(1) The amount of money paid to a specific provider of services.
(2) Summary data concerning the types of crimes for which
assistance is provided.
SEC. 61. Section 6276.08 of the Government Code is amended to
read:
6276.08. Cable television subscriber information, confidentiality
of, Section 637.5, Penal Code.
CalFresh, disclosure of information, Section 18909, Welfare and
Institutions Code.
California AIDS Program, personal data, confidentiality, Section
120820, Health and Safety Code.
California Apple Commission, confidentiality of lists of persons,
Section 75598, Food and Agricultural Code.
California Apple Commission, confidentiality of proprietary
information from producers or handlers, Section 75633, Food and
Agricultural Code.
California Asparagus Commission, confidentiality of lists of
producers, Section 78262, Food and Agricultural Code.
California Asparagus Commission, confidentiality of proprietary
information from producers, Section 78288, Food and Agricultural
Code.
California Avocado Commission, confidentiality of information from
handlers, Section 67094, Food and Agricultural Code.
California Avocado Commission, confidentiality of proprietary
information from handlers, Section 67104, Food and Agricultural Code.
California Cherry Commission, confidentiality of proprietary
information from producers, processors, shippers, or grower-handlers,
Section 76144, Food and Agricultural Code.
California Children's Services Program, confidentiality of factor
replacement therapy contracts, Section 123853, Health and Safety
Code.
California Cut Flower Commission, confidentiality of lists of
producers, Section 77963, Food and Agricultural Code.
California Cut Flower Commission, confidentiality of proprietary
information from producers, Section 77988, Food and Agricultural
Code.
California Date Commission, confidentiality of proprietary
information from producers and grower-handlers, Section 77843, Food
and Agricultural Code.
California Egg Commission, confidentiality of proprietary
information from handlers or distributors, Section 75134, Food and
Agricultural Code.
California Forest Products Commission, confidentiality of lists of
persons, Section 77589, Food and Agricultural Code.
California Forest Products Commission, confidentiality of
proprietary information from producers, Section 77624, Food and
Agricultural Code.
California Iceberg Lettuce Commission, confidentiality of
information from handlers, Section 66624, Food and Agricultural Code.
California Kiwifruit Commission, confidentiality of proprietary
information from producers or handlers, Section 68104, Food and
Agricultural Code.
California Navel Orange Commission, confidentiality of proprietary
information from producers or handlers and lists of producers and
handlers, Section 73257, Food and Agricultural Code.
California Pepper Commission, confidentiality of lists of
producers and handlers, Section 77298, Food and Agricultural Code.
California Pepper Commission, confidentiality of proprietary
information from producers or handlers, Section 77334, Food and
Agricultural Code.
California Pistachio Commission, confidentiality of proprietary
information from producers or processors, Section 69045, Food and
Agricultural Code.
California Salmon Commission, confidentiality of fee transactions
records, Section 76901.5, Food and Agricultural Code.
California Salmon Commission, confidentiality of request for list
of commercial salmon vessel operators, Section 76950, Food and
Agricultural Code.
California Seafood Council, confidentiality of fee transaction
records, Section 78553, Food and Agricultural Code.
California Seafood Council, confidentiality of information on
volume of fish landed, Section 78575, Food and Agricultural Code.
California Sheep Commission, confidentiality of proprietary
information from producers or handlers and lists of producers,
Section 76343, Food and Agricultural Code.
California State University contract law, bids, questionnaires and
financial statements, Section 10763, Public Contract Code.
California State University Investigation of Reported Improper
Governmental Activities Act, confidentiality of investigative audits
completed pursuant to the act, Section 89574, Education Code.
California Table Grape Commission, confidentiality of information
from shippers, Section 65603, Food and Agricultural Code.
California Tomato Commission, confidentiality of lists of
producers, handlers, and others, Section 78679, Food and Agricultural
Code.
California Tomato Commission, confidentiality of proprietary
information, Section 78704, Food and Agricultural Code.
California Tourism Marketing Act, confidentiality of information
pertaining to businesses paying the assessment under the act, Section
13995.54.
California Victim Compensation Board, disclosure not required of
records relating to assistance requests under Article 1 (commencing
with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2,
Section 6254.17.
California Walnut Commission, confidentiality of lists of
producers, Section 77101, Food and Agricultural Code.
California Walnut Commission, confidentiality of proprietary
information from producers or handlers, Section 77154, Food and
Agricultural Code.
California Wheat Commission, confidentiality of proprietary
information from handlers and lists of producers, Section 72104, Food
and Agricultural Code.
California Wheat Commission, confidentiality of requests for
assessment refund, Section 72109, Food and Agricultural Code.
California Wine Commission, confidentiality of proprietary
information from producers or vintners, Section 74655, Food and
Agricultural Code.
California Wine Grape Commission, confidentiality of proprietary
information from producers and vintners, Section 74955, Food and
Agricultural Code.
SEC. 62. Section 7599.2 of the Government Code is amended to read:
7599.2. Distribution of Moneys from the Safe Neighborhoods and
Schools Fund.
(a) By August 15 of each fiscal year beginning in 2016, the
Controller shall disburse moneys deposited in the Safe Neighborhoods
and Schools Fund as follows:
(1) Twenty-five percent to the State Department of Education, to
administer a grant program to public agencies aimed at improving
outcomes for public school pupils in kindergarten and grades 1 to 12,
inclusive, by reducing truancy and supporting students who are at
risk of dropping out of school or are victims of crime.
(2) Ten percent to the California Victim Compensation Board, to
make grants to trauma recovery centers to provide services to victims
of crime pursuant to Section 13963.1 of the Government Code.
(3) Sixty-five percent to the Board of State and Community
Corrections, to administer a grant program to public agencies aimed
at supporting mental health treatment, substance abuse treatment, and
diversion programs for people in the criminal justice system, with
an emphasis on programs that reduce recidivism of people convicted of
less serious crimes, such as those covered by this measure, and
those who have substance abuse and mental health problems.
(b) For each program set forth in paragraphs (1) to (3),
inclusive, of subdivision (a), the agency responsible for
administering the programs shall not spend more than 5 percent of the
total funds it receives from the Safe Neighborhoods and Schools Fund
on an annual basis for administrative costs.
(c) Every two years, the Controller shall conduct an audit of the
grant programs operated by the agencies specified in paragraphs (1)
to (3), inclusive, of subdivision (a) to ensure the funds are
disbursed and expended solely according to this chapter and shall
report his or her findings to the Legislature and the public.
(d) Any costs incurred by the Controller and the Director of
Finance in connection with the administration of the Safe
Neighborhoods and Schools Fund, including the costs of the
calculation required by Section 7599.1 and the audit required by
subdivision (c), as determined by the Director of Finance, shall be
deducted from the Safe Neighborhoods and Schools Fund before the
funds are disbursed pursuant to subdivision (a).
(e) The funding established pursuant to this act shall be used to
expand programs for public school pupils in kindergarten and grades 1
to 12, inclusive, victims of crime, and mental health and substance
abuse treatment and diversion programs for people in the criminal
justice system. These funds shall not be used to supplant existing
state or local funds utilized for these purposes.
(f) Local agencies shall not be obligated to provide programs or
levels of service described in this chapter above the level for which
funding has been provided.
SEC. 63. Section 8652 of the Government Code is amended to read:
8652. Before payment may be made by the state to any person in
reimbursement for taking or damaging private property necessarily
utilized by the Governor in carrying out his or her responsibilities
under this chapter during a state of war emergency or state of
emergency, or for services rendered at the instance of the Governor
under those conditions, the person shall present a claim to the
Department of General Services in accordance with the provisions of
the Government Code governing the presentation of claims against the
state for the taking or damaging of private property for public use,
which provisions shall govern the presentment, allowance, or
rejection of the claims and the conditions upon which suit may be
brought against the state. Payment for property or services shall be
made from any funds appropriated by the state for that purpose.
SEC. 64. Section 8902 of the Government Code is amended to read:
8902. During those times that a Member of the Legislature is
required to be in Sacramento to attend a session of the Legislature
and during those times that a member is traveling to and from, or is
in attendance at, any meeting of a committee of which he or she is a
member or is attending to any other legislative function or
responsibility as authorized or directed by the rules of the house of
which he or she is a member or by the joint rules, he or she shall
be entitled to reimbursement of his or her living expenses at a rate
established by the Department of General Services that is not less
than the rate provided to federal employees traveling to Sacramento.
SEC. 65. Article 5.2 (commencing with Section 9112) is added to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:
Article 5.2. State Capitol Building Annex Act of 2016
9112. (a) Notwithstanding any other law, including Section 9108,
the Joint Rules Committee may pursue the construction of a state
capitol building annex or the restoration, rehabilitation,
renovation, or reconstruction of the State Capitol Building Annex
described in Section 9105.
(b) (1) All work performed pursuant to this article shall be
administered and supervised by the Department of General Services,
subject to review by the State Public Works Board, pursuant to an
agreement with the Joint Rules Committee.
(2) The Department of General Services shall report to the Joint
Rules Committee on the scope, budget, delivery method, and schedule
for any space to be constructed, restored, rehabilitated, renovated,
or reconstructed pursuant to this article.
(c) (1) Notwithstanding any other law, any action or proceeding
alleging that a public agency has approved or is undertaking work
pursuant to this article in violation of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) shall be subject to Chapter 6.7 (commencing
with Section 21189.50) of Division 13 of the Public Resources Code.
(2) The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under this article. This
section is declarative of existing law.
(d) Notwithstanding any other law, all work performed pursuant to
this article by the Department of General Services shall be exempt
from the State Contract Act (Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code).
(e) Prevailing wages shall be paid to all workers employed on a
project that is subject to this article, in accordance with Article 2
(commencing with Section 1770) of Chapter 1 of Part 7 of Division 2
of the Labor Code.
SEC. 66. Section 11007.6 of the Government Code is amended to
read:
11007.6. Any state agency may, subject to rules and regulations
of the Department of General Services, insure its officers and
employees not covered by Part 2.6 (commencing with Section 19815) of
Division 5 against injury or death incurred while flying on state
business in any, except regularly scheduled, passenger aircraft.
SEC. 67. Section 11014 of the Government Code is amended to read:
11014. (a) In exercising the powers and duties granted to and
imposed upon it, any state agency may construct and maintain
communication lines as may be necessary.
(b) In providing communications and necessary powerlines in
connection with activities under subdivision (a), the agency, with
the approval of the Department of General Services, may enter into
contracts with owners of similar facilities for use of their
facilities, such as pole lines, and provisions may be made for
indemnification and holding harmless of the owners of those
facilities by reason of this use. Insurance may be purchased by the
Department of General Services, upon request of the agency, to
protect the state against loss or expense arising out of the
contract.
(c) Any claim for damages arising against the state under this
section shall be presented to the Department of General Services in
accordance with Sections 905.2 and 945.4, and if not covered by
insurance as provided under subdivision (b), the claim shall be
payable only out of funds appropriated by the Legislature for this
purpose. If the state elects to insure its liability under this
section, the Department of General Services may automatically deny
that claim.
SEC. 68. Section 11030.1 of the Government Code is amended to
read:
11030.1. When a state employee not covered by Part 2.6
(commencing with Section 19815) of Division 5 dies while traveling on
official state business, the state shall, under rules and
regulations adopted by the Department of General Services, pay the
traveling expenses necessary to return the body to his or her
official headquarters or the place of burial. This subdivision shall
not be construed to authorize the payment of the traveling expenses,
either going or returning, of one accompanying that body.
SEC. 69. Section 11030.2 of the Government Code is amended to
read:
11030.2. Any state officer or employee not covered by Part 2.6
(commencing with Section 19815) of Division 5 when working overtime
at his or her headquarters on state business may receive his or her
actual and necessary expenses, during his or her regular workweek,
subject to rules and regulations adopted by the Department of General
Services limiting the amount of the expenses and prescribing the
conditions under which the expenses may be paid. However, each state
agency may determine the necessity for and limit these expenses of
its employees in a manner that does not conflict with and is within
the limitations prescribed by the Department of General Services.
SEC. 70. Section 11031 of the Government Code is amended to read:
11031. The headquarters of elective constitutional officers,
other than Members of the Legislature, shall be established by the
filing of a written statement with the Department of General Services
that certifies that the selected headquarters is the place where the
officer spends the largest portion of his or her regular workdays or
working time.
SEC. 71. Section 11125.7 of the Government Code is amended to
read:
11125.7. (a) Except as otherwise provided in this section, the
state body shall provide an opportunity for members of the public to
directly address the state body on each agenda item before or during
the state body's discussion or consideration of the item. This
section is not applicable if the agenda item has already been
considered by a committee composed exclusively of members of the
state body at a public meeting where interested members of the public
were afforded the opportunity to address the committee on the item,
before or during the committee's consideration of the item, unless
the item has been substantially changed since the committee heard the
item, as determined by the state body. Every notice for a special
meeting at which action is proposed to be taken on an item shall
provide an opportunity for members of the public to directly address
the state body concerning that item prior to action on the item. In
addition, the notice requirement of Section 11125 shall not preclude
the acceptance of testimony at meetings, other than emergency
meetings, from members of the public if no action is taken by the
state body at the same meeting on matters brought before the body by
members of the public.
(b) The state body may adopt reasonable regulations to ensure that
the intent of subdivision (a) is carried out, including, but not
limited to, regulations limiting the total amount of time allocated
for public comment on particular issues and for each individual
speaker.
(c) (1) Notwithstanding subdivision (b), when a state body limits
time for public comment the state body shall provide at least twice
the allotted time to a member of the public who utilizes a translator
to ensure that non-English speakers receive the same opportunity to
directly address the state body.
(2) Paragraph (1) shall not apply if the state body utilizes
simultaneous translation equipment in a manner that allows the state
body to hear the translated public testimony simultaneously.
(d) The state body shall not prohibit public criticism of the
policies, programs, or services of the state body, or of the acts or
omissions of the state body. Nothing in this subdivision shall confer
any privilege or protection for expression beyond that otherwise
provided by law.
(e) This section is not applicable to closed sessions held
pursuant to Section 11126.
(f) This section is not applicable to decisions regarding
proceedings held pursuant to Chapter 5 (commencing with Section
11500), relating to administrative adjudication, or to the conduct of
those proceedings.
(g) This section is not applicable to hearings conducted by the
California Victim Compensation Board pursuant to Sections 13963 and
13963.1.
(h) This section is not applicable to agenda items that involve
decisions of the Public Utilities Commission regarding adjudicatory
hearings held pursuant to Chapter 9 (commencing with Section 1701) of
Part 1 of Division 1 of the Public Utilities Code. For all other
agenda items, the commission shall provide members of the public,
other than those who have already participated in the proceedings
underlying the agenda item, an opportunity to directly address the
commission before or during the commission's consideration of the
item.
SEC. 72. Section 11125.8 of the Government Code is amended to
read:
11125.8. (a) Notwithstanding Section 11131.5, in any hearing that
the California Victim Compensation Board conducts pursuant to
Section 13963.1 and that the applicant or applicant's representative
does not request be open to the public, no notice, agenda,
announcement, or report required under this article need identify the
applicant.
(b) In any hearing that the board conducts pursuant to Section
13963.1 and that the applicant or applicant's representative does not
request be open to the public, the board shall disclose that the
hearing is being held pursuant to Section 13963.1. That disclosure
shall be deemed to satisfy the requirements of subdivision (a) of
Section 11126.3.
SEC. 73. Section 11270 of the Government Code is amended to read:
11270. As used in this article, "administrative costs" means the
amounts expended by the Legislature, the Legislative Counsel Bureau,
the Governor's Office, the Department of Technology, the Office of
Planning and Research, the Department of Justice, the State
Controller's Office, the State Treasurer's Office, the State
Personnel Board, the Department of Finance, the Department of
Financial Information System for California, the Office of
Administrative Law, the Department of Human Resources, the Secretary
of California Health and Human Services, the California State Auditor'
s Office, and the California State Library, and a proration of any
other cost to or expense of the state for services or facilities
provided for the Legislature and the above agencies, for supervision
or administration of the state government or for services to other
state agencies.
SEC. 74. Section 11270.1 of the Government Code is amended to
read:
11270.1. (a) The Central Service Cost Recovery Fund is hereby
created in the State Treasury. The Central Service Cost Recovery Fund
shall consist of those amounts transferred in accordance with
Section 11274, and any interest earnings. Money in the Central
Service Cost Recovery Fund shall be appropriated for the
administration of the state government, as determined or redetermined
by the Department of Finance in accordance with this article and
Sections 13332.02 and 13332.03.
(b) Unless otherwise authorized by law, moneys in the Central
Service Cost Recovery Fund, to the extent not currently required to
fund any appropriation, shall not be used, loaned, borrowed,
assessed, allocated, or transferred unless approved by the Department
of Finance, except for cashflow borrowing by the General Fund
pursuant to Section 16310. The Controller shall transfer the
unexpended balance of those moneys in the Central Service Cost
Recovery Fund to the General Fund as determined or redetermined by
the Department of Finance.
SEC. 75. Section 11274 of the Government Code is amended to read:
11274. Notwithstanding any other law, the Department of Finance
may allocate and charge a fair share of the administrative costs to
all funds directly. The Department of Finance shall certify to the
Controller the amount determined to be the fair share of
administrative costs due and payable from each state fund. The
Department of Finance, at any time during the year, may direct the
Controller to advance a reasonable amount for administrative costs
from a fund designated in accordance with Section 11271. Upon order
of the Department of Finance of the timing and the amounts to be
transferred, the Controller shall transfer the amount of the
administrative costs from special and nongovernmental cost funds to
the Central Service Cost Recovery Fund or the General Fund.
SEC. 76. Section 11275 of the Government Code is amended to read:
11275. In the event a fund has an insufficient fund balance for
the payment of the administrative costs, the Controller shall request
that the Department of Finance provide direction on effecting the
transfer and its timing.
SEC. 77. Section 11276 of the Government Code is repealed.
SEC. 78. Section 11277 of the Government Code is repealed.
SEC. 79. Section 11852 of the Government Code is amended to read:
11852. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Approved FISCal Project documents" means any Special Project
Report approved by the Department of Technology, or its successor
agency, for the FISCal, as may be amended, augmented, or changed by
any subsequent approved Special Project Report or legislative action.
(b) "Cost or costs of the system" means all costs related to the
acquisition, design, development, installation, deployment, and other
related costs of the system, including, but not limited to,
software, hardware, licenses, upgrades, training, facilities,
contractors, and staff.
(c) "Cost allocation plan" means the plan described in Section
11874.
(d) "Department" means the Department of FISCal established
pursuant to Section 11890.
(e) "Director" means the Director of FISCal appointed pursuant to
Section 11894.
(f) "FISCal" means the Financial Information System for
California.
(g) "FISCal Consolidated Payment Fund" means the fund created
pursuant to subdivision (a) of Section 11872.
(h) "FISCal Internal Services Fund" means the fund created
pursuant to Section 11870.
(i) "Interface" means to communicate or interoperate with the
system.
(j) "Office" means the FISCal project office.
(k) "Partner agencies" means the Department of Finance, the
Controller, the Department of General Services, and the Treasurer.
(l) "State departments and agencies" means all state offices,
officers, departments, divisions, bureaus, boards, commissions,
organizations, or agencies, claims against which are paid by warrants
drawn by the Controller, and whose financial activities are reported
in the annual financial statement of the state or are included in
the annual Governor's Budget, including, but not limited to, the
California State University, the University of California, the
legislative branch, and the judicial branch.
(m) "System" means a single integrated financial management system
for the state that encompasses the management of resources and
dollars as described in the approved FISCal Project documents and
includes the information required by Section 11862.
SEC. 80. Section 11854 of the Government Code is amended to read:
11854. The Legislature intends that the system meet all of the
following objectives:
(a) Replace the state's aging legacy financial management systems
and eliminate fragmented and diverse reporting by implementing
standardized financial management processes and systems across all
departments and control agencies. For purposes of this subdivision,
"financial management" means accounting, budgeting, cash management,
asset accounting, vendor management, and procurement.
(b) Increase competition by promoting business opportunities
through the use of electronic bidding, online vendor interaction, and
automated vendor functions.
(c) Maintain a central source for financial management data to
reduce the time and expense of vendors, departments, and agencies
collecting, maintaining, and reconciling redundant data.
(d) Increase investment returns through timely and accurate
monitoring of cash balances, cash flow forecasting, and timing of
receipts and disbursements.
(e) Improve fiscal controls and support better decision making by
state managers and the Legislature by enhancing the quality,
timeliness, consistency, and accessibility of financial management
information through the use of powerful data access tools,
standardized data, and financial management reports.
(f) Improve access and transparency of California's financial
management information allowing the implementation of increased
auditing, compliance reporting, and fiscal accountability while
sharing information between the public, the Legislature, external
stakeholders, state, federal, and local agencies.
(g) Automate manual processes by providing the ability to
electronically receive and submit financial management documents and
data between agencies, departments, banks, vendors, and other
government entities.
(h) Provide online access to financial management information
resulting in a reduction of payment or approval inquiries, or both.
(i) Improve the state's ability to preserve, access, and analyze
historical financial management information to reduce the workload
required to research and prepare this information.
(j) Enable the state to more quickly implement, track, and report
on changes to financial management processes and systems to
accommodate new information such as statutory changes and performance
information.
(k) Reduce the time, workload, and costs associated with capturing
and projecting revenues, expenditures, and program needs for
multiple years and scenarios, and for tracking, reporting, and
responding to legislative actions.
( l ) Track purchase volumes and costs by vendor and
commodity code or service code to increase strategic sourcing
opportunities, reduce purchase prices, and capture total state
spending data.
(m) Reduce procurement cycle time by automating purchasing
authority limits and approval dependencies, and easing access to
goods and services available from existing sources, including, but
not limited to, using leveraged procurement agreements.
(n) Streamline the accounts receivable collections process and
allow for offset capability which will provide the ability for
increased cash collection.
(o) Streamline the payment process and allow for faster vendor
payments that will reduce late payment penalty fees paid by the
state.
(p) Improve role-based security and workflow authorization by
capturing near real-time data from the state's human resources system
of record.
(q) Implement a stable and secure information technology
infrastructure.
SEC. 81. Section 11860 of the Government Code is amended to read:
11860. (a) To serve the best interest of the state by optimizing
the financial business management of the state, the partner agencies
shall collaboratively develop, implement, and utilize the system and
assist the department to maintain the system. This effort will ensure
best business practices by embracing opportunities to reengineer the
state's business processes and will encompass the management of
resources and funds in the areas of budgeting, accounting,
procurement, cash management, financial management, financial
reporting, cost accounting, asset accounting, project accounting, and
grant accounting.
(b) State departments and agencies shall use the system, or, upon
approval from the office, a department or agency shall be permitted
to interface its departmental system with the system. The system is
intended to replace any existing central or departmental systems
duplicative of the functionality of the system.
SEC. 82. Section 11862 of the Government Code is amended to read:
11862. (a) In addition to the requirements set forth in the
approved FISCal project documents, the system shall include a state
transparency component that allows the public to have information
regarding General Fund and federal fund expenditure data, using an
Internet Web site.
(b) This section shall not require the disclosure of information
deemed confidential or otherwise exempt from disclosure under state
or federal law.
SEC. 83. Section 11864 of the Government Code is amended to read:
11864. (a) Throughout the development of the system, the
California State Auditor's Office shall independently monitor the
system as the California State Auditor deems appropriate. The
California State Auditor's Office independent monitoring of the
system shall include, but not be limited to, all of the following:
(1) Monitoring the contract for independent project oversight and
independent verification and validation services relating to the
system.
(2) Assessing whether concerns about the system raised by
the independent project oversight and independent verification and
validation services are being addressed by the office and the
steering committee of the office.
(3) Assessing whether the system is progressing timely and within
its budget.
(b) The California State Auditor's Office shall report, at a
minimum, on or before January 10 of each year, on the system
activities that the California State Auditor's Office deems
appropriate to monitor pursuant to this section in a manner
consistent with Chapter 6.5 (commencing with Section 8543) of
Division 1.
(c) This section shall not supersede or compromise the Department
of Technology's oversight authority and responsibilities with respect
to the system.
(d) This section shall remain operative until the completion of
the system, as specified in paragraph (2) of subdivision (a) of
Section 11890, and thereafter shall be inoperative.
SEC. 84. Section 11870 of the Government Code is amended to read:
11870. The FISCal Internal Services Fund continues in existence
in the State Treasury to pay the costs of development,
implementation, and other approved costs of the system. All assets,
liabilities, and surplus shall remain in the FISCal Internal Services
Fund. The Department of Finance shall make the final determination
of the budgetary and accounting transactions that are required to
carry out this section. Accounts and subaccounts may be created
within the FISCal Internal Services Fund as needed. Moneys in the
FISCal Internal Services Fund, and its accounts and subaccounts, are
available for cash flow borrowing by the General Fund pursuant to
Section 16310.
SEC. 85. Section 11872 of the Government Code is amended to read:
11872. (a) The FISCal Consolidated Payment Fund is created in the
State Treasury for the purpose of allowing the Controller to issue
consolidated payments, excluding payroll, to any payee, of costs that
are chargeable to appropriations made from other funds in the State
Treasury, thereby allowing for efficient processing through the
system of payments.
(b) The amounts to be disbursed from the FISCal Consolidated
Payment Fund shall be transferred by the Controller, from the funds
and appropriations otherwise chargeable therewith, to the FISCal
Consolidated Payment Fund prior to the time of disbursement. All
amounts in the FISCal Consolidated Payment Fund that are derived from
abatements, refunds of amounts disbursed, returned warrants, or the
cancellation of warrants issued from the FISCal Consolidated Payment
Fund shall be returned by the Controller to the funds and
appropriations from which the amounts were originally transferred.
SEC. 86. Section 11874 of the Government Code is amended to read:
11874. (a) The department, subject to the approval of the
Department of Finance, shall establish and assess fees and a payment
schedule for state departments and agencies to pay for the design,
development, and implementation of the system. The fees shall be
deposited in the FISCal Internal Services Fund.
(b) The department shall submit the cost allocation plan,
including the methodology used to develop fees, to the Department of
Finance during the state's annual budget development processes for
review and approval. The office shall submit any proposed changes in
fees or methodology to the Department of Finance concurrently with
budget requests.
SEC. 87. Section 11880 of the Government Code is amended to read:
11880. (a) The office and department shall require fingerprint
images and associated information from any employee, prospective
employee, contractor, subcontractor, volunteer, vendor, and partner
agency employee assigned to either the office or the department whose
duties include, or would include, having access to confidential or
sensitive information or data on the network or computing
infrastructure.
(b) The fingerprint images and associated information described in
subdivision (a) shall be furnished to the Department of Justice for
the purpose of obtaining information as to the existence and nature
of any of the following:
(1) A record of state or federal convictions and the existence and
nature of state or federal arrests for which the person is free on
bail or on his or her own recognizance pending trial or appeal.
(2) Being convicted of, or pleading nolo contendere to, a crime,
or having committed an act involving dishonesty, fraud, or deceit, if
the crime or act is substantially related to the qualifications,
functions, or duties of the person in accordance with this provision.
(3) Any conviction or arrest, for which the person is free on bail
or on his or her own recognizance pending trial or appeal, with a
reasonable nexus to the information or data to which the person shall
have access.
(c) Requests for federal criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the Department
of Justice.
(d) The Department of Justice shall respond to the Chief of Human
Resources of the office or the department with information as
provided under subdivision (p) of Section 11105 of the Penal Code.
(e) The Chief of Human Resources of the office or the department
shall request subsequent arrest notifications from the Department of
Justice as provided under Section 11105.2 of the Penal Code.
(f) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(g) Persons described in subdivision (a) may be rejected if it is
determined they meet the criteria described in paragraph (2) or (3)
of subdivision (b). If a person is rejected, the individual shall
receive a copy of the response record from the Chief of Human
Resources of the office or the department.
(h) The Chief of Human Resources of the office or the department
shall follow a written appeal process for an individual described in
subdivision (a) who is determined ineligible for employment because
of his or her Department of Justice or Federal Bureau of
Investigation criminal offender record.
(i) When considering the background information received pursuant
to this section, the Chief of Human Resources of the office or the
department shall take under consideration any evidence of
rehabilitation, including, but not limited to, participation in
treatment programs and age and specifics of the offense.
SEC. 88. The heading of Article 5 (commencing with Section 11890)
of Chapter 10 of Part 1 of Division 3 of Title 2 of the Government
Code is amended to read:
Article 5. Department of FISCal
SEC. 89. Section 11890 of the Government Code is amended to read:
11890. (a) (1) There is in state government the Department of
FISCal.
(2) (A) Upon the acceptance of the system by the state, as
determined by the Director of Finance in his or her capacity as the
system sponsor, the Department of FISCal shall be within the
Government Operations Agency.
(B) The director shall post a notice on the Internet Web site of
the Department of FISCal when the Director of Finance accepts the
system in accordance with subparagraph (A).
(b) The Department of FISCal shall maintain, upgrade, or otherwise
enhance and support the system, provide operational support to the
customers and stakeholders of the system, and onboard any new,
deferred, or exempt state entities.
SEC. 90. Section 11892 of the Government Code is amended to read:
11892. (a) The department shall incrementally assume
responsibility of the system functionality as portions of the system
are implemented and accepted.
(b) The department shall provide the administrative functions for
the system, including those functions of the office, during its
existence.
(c) The office and the department shall exist concurrently during
the phased implementation of the system. Upon full implementation and
final acceptance of the system, the department shall supersede the
office and perform all administration, maintenance, and operation of
the system.
SEC. 91. Section 11893 is added to the Government Code, to read:
11893. The administrative costs, as defined in Section 11270, of
the Department of FISCal shall be allocated to and recovered from
funds in a manner consistent with Section 11274.
SEC. 92. Section 11894 of the Government Code is amended to read:
11894. (a) The Director of FISCal shall be appointed by, and
serve at the pleasure of, the Governor, subject to Senate
confirmation.
(b) The director shall have appointment power for both the office
and the department and shall oversee the day-to-day functions of both
the office and the department. The director shall identify and
transfer staff from the office to the department to further
performance of the duties specified in Section 11892, in accordance
with Section 19050.9.
SEC. 93. Section 11895 is added to the Government Code, to read:
11895. (a) The director shall, at least annually, confer with the
partner agencies and at least one representative of other agencies
utilizing the system to prioritize system enhancements, defects, and
workarounds.
(b) The director retains the discretion and ultimate authority on
the implementation of changes in the system.
SEC. 94. Section 12432 of the Government Code is amended to read:
12432. (a) The Legislature hereby finds and declares that it is
essential for the state to replace the current automated human
resource/payroll systems operated by the Controller to ensure that
state employees continue to be paid accurately and on time and that
the state may take advantage of new capabilities and improved
business practices. To achieve this replacement of the current
systems, the Controller is authorized to procure, modify, and
implement a new human resource management system that meets the needs
of a modern state government. This replacement effort is known as
the 21st Century Project.
(b) Notwithstanding any other law, beginning with the 2004-05
fiscal year, the Controller may assess the special and
nongovernmental cost funds in sufficient amounts to pay for the
authorized 21st Century Project costs that are attributable to those
funds. Assessments in support of the expenditures for the 21st
Century Project shall be made quarterly, and the total amount
assessed from these funds annually shall not exceed the total
expenditures incurred by the Controller for the 21st Century Project
that are attributable to those funds in that fiscal year.
Appropriations for this purpose shall be made in the annual Budget
Act.
(c) To the extent permitted by law, beginning with the 2004-05
fiscal year, the Controller shall establish agreements with various
agencies and departments for the collection from federal funds of
costs that are attributable to federal funds. The total amount
collected from those agencies and departments annually shall not
exceed the total expenditures incurred by the Controller for the 21st
Century Project that are attributable to federal funds in that
fiscal year. Appropriations for that purpose shall be made in the
annual Budget Act.
(d) It is the intent of the Legislature that, beginning not
earlier than the 2006-07 fiscal year, future annual Budget Acts
include General Fund appropriations in sufficient amounts for
expenditures for the 21st Century Project that are attributable to
the General Fund. It is the Legislature's intent that the share of
the total project costs paid for by the General Fund shall be
equivalent to the share of the total project costs paid for from
special and nongovernmental cost fund assessments and collections
from federal funds.
(e) This section shall remain in effect only until June 30, 2017,
and as of that date is repealed.
SEC. 95. The heading of Article 2.5 (commencing with Section
12433) is added to Chapter 5 of Part 2 of Division 3 of Title 2 of
the Government Code, to read:
Article 2.5. Discharge of State Entity from Duty to Collect
SEC. 96. Section 12803.2 of the Government Code is amended to
read:
12803.2. (a) The Government Operations Agency shall consist of
all of the following:
(1) The Office of Administrative Law.
(2) The Public Employees' Retirement System.
(3) The State Teachers' Retirement System.
(4) The State Personnel Board.
(5) The California Victim Compensation Board.
(6) The Department of General Services.
(7) The Department of Technology.
(8) The Franchise Tax Board.
(9) The Department of Human Resources.
(b) The Government Operations Agency shall include the Department
of FISCal upon the acceptance of the Financial Information System for
California (FISCal) by the state, as determined by the Director of
Finance, pursuant to Section 11890.
(c) The Government Operations Agency shall be governed by the
Secretary of Government Operations pursuant to Section 12801.
However, the Director of Human Resources shall report directly to the
Governor on issues relating to labor relations.
(d) The Governor, upon the recommendation of the Secretary of
Government Operations, may appoint up to three deputies for the
secretary.
SEC. 97. Section 13300 of the Government Code is amended to read:
13300. (a) The department shall devise, install, supervise, and,
at its discretion, revise and modify, a modern and complete
accounting system and policies for each agency of the state permitted
or charged by law with the handling of public money or its
equivalent, to the end that all revenues, expenditures, receipts,
disbursements, resources, obligations, and property of the state be
properly, accurately, and systematically accounted for and that there
shall be obtained accurate and comparable records, reports, and
statements of all the financial affairs of the state.
(b) This system shall permit a comparison of budgeted
expenditures, actual expenditures, encumbrances and payables, and
estimated revenue to actual revenue that is compatible with a budget
coding system developed by the department. In addition, the system
shall provide for a federal revenue accounting system with
cross-references of federal fund sources to state activities.
(c) This system shall include a cost accounting system that
accounts for expenditures by line item, governmental unit, and fund
source. The system shall also be capable of performing program cost
accounting as required. The system and the accounts maintained by all
state departments and agencies shall be coordinated with the central
accounts maintained by the Controller, and shall provide the
Controller with all information necessary to the maintenance by the
Controller of a comprehensive system of central accounts for the
entire state government.
SEC. 98. Section 13300.5 of the Government Code is amended to
read:
13300.5. (a) The Legislature finds and declares that the system
to modernize the state's internal financial systems is a critical
project that must be subject to the highest level of oversight.
According to the Department of Technology, the size and scope of this
modernization and automation effort make this project one of the
highest risk projects undertaken by the state. Therefore, the
Legislature must take steps to ensure it is fully informed as the
project is implemented. It is the intent of the Legislature to adopt
additional reporting requirements for the office to adequately manage
risk and ensure the successful implementation of this effort.
(b) The office shall report to the Legislature, on or before
February 15 of each year, on all of the following:
(1) An executive summary and overview of the system's status.
(2) An overview of the system's history.
(3) Significant events of the system within the current reporting
period and a projection of events during the next reporting period.
(4) A discussion of mitigation actions being taken by the office
for any missed major milestones.
(5) A comparison of actual to budgeted expenditures, and an
explanation of variances and any planned corrective actions,
including a summary of the system and staffing levels and an estimate
of staff participation from partner agencies.
(6) An articulation of expected functionality and qualitative
benefits from the system that were achieved during the reporting
period and that are expected to be achieved in the subsequent year.
(7) An overview of change management activities and stakeholder
engagement during the system implementation process, including a
summary of departmental participation in the system.
(8) A discussion of lessons learned and best practices that will
be incorporated into future changes in management activities.
(9) A description of any significant software customization,
including a justification for why, if any, customization was granted.
(10) Updates on the progress of meeting the system's objectives.
(c) Reports shall describe deviations to the project scope, cost,
or schedule from Special Project Report 6.
(d) This section shall remain operative until the completion of
the system, as specified in paragraph (2) of subdivision (a) of
Section 11890, and thereafter shall be inoperative.
(e) The definitions in Section 11852 shall apply to the applicable
terms in this section.
SEC. 99. Section 13332.02 of the Government Code is amended to
read:
13332.02. All funds recovered from the federal government to
offset statewide indirect costs shall be transferred to the Central
Service Cost Recovery Fund or to the General Fund in a manner
prescribed by the Department of Finance, unless expenditure of the
funds is authorized by the Department of Finance. No authorization
may become effective sooner than 30 days after notification in
writing of the necessity therefor to the chairperson of the committee
in each house that considers appropriations and the Chairperson of
the Joint Legislative Budget Committee, or not sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine. If
in the judgment of the Director of Finance, a state agency has not
transferred the funds on a timely basis, the Department of Finance
may certify to the Controller the amount that the agency should have
transferred to the Central Service Cost Recovery Fund or the General
Fund, and the Controller shall transfer the funds to the Central
Service Cost Recovery Fund or the General Fund.
SEC. 100. Section 13332.03 of the Government Code is amended to
read:
13332.03. Whenever an appropriation has not been made to provide
for recovery of general administrative costs pursuant to Article 2
(commencing with Section 11270) of Chapter 3 of Part 1, a sufficient
sum for that purpose shall be transferred from each affected fund by
the Controller to the Central Service Cost Recovery Fund or the
General Fund in accordance with Section 11274. The Controller shall
make transfers pursuant to this section only upon order of the
Department of Finance.
SEC. 101. Section 13332.09 of the Government Code is amended to
read:
13332.09. (a) A purchase order or other form of documentation for
acquisition or replacement of motor vehicles shall not be issued
against any appropriation until the Department of General Services
has investigated and established the necessity therefor.
(b) A state agency shall not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
(c) Notwithstanding any other law, any contract for the
acquisition of a motor vehicle or general use mobile equipment for a
state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
(d) Any passenger-type motor vehicle purchased for a state
officer, except a constitutional officer, or a state employee shall
be an American-made vehicle of the light class, as defined by the
Department of General Services, unless excepted by the Director of
General Services on the basis of unusual requirements, including, but
not limited to, use by the Department of the California Highway
Patrol, that would justify the need for a motor vehicle of a heavier
class.
(e) General use mobile equipment having an original purchase price
of twenty-five thousand dollars ($25,000) or more shall not be
rented or leased from a nonstate source and payment therefor shall
not be made from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
(f) As used in this section:
(1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
capable of being used by more than one state agency, and shall not be
deemed to refer to equipment having a practical use limited to the
controlling state agency only. Section 575 of the Vehicle Code shall
have no application to this section.
(2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California. "State
agency" does not include a district agricultural association, as
defined in Section 3951 of the Food and Agricultural Code.
(g) This section shall become operative on July 1, 2015.
SEC. 102. The heading of Part 4 (commencing with Section 13900) of
Division 3 of Title 2 of the Government Code is amended to read:
PART 4. CALIFORNIA VICTIM COMPENSATION BOARD
SEC. 103. Section 13900 of the Government Code is amended to read:
13900. (a) As used in this chapter, "board" means the California
Victim Compensation Board.
(b) Except as provided by Section 14659.01, whenever the term
"California Victim Compensation and Government Claims Board" appears
in any statute, regulation, contract, or any other code, it shall be
construed to refer to the California Victim Compensation Board,
unless the context clearly requires otherwise.
SEC. 104. Section 13901 of the Government Code is amended to read:
13901. (a) There is within the Government Operations Agency the
California Victim Compensation Board.
(b) The board consists of the Secretary of Government Operations
or his or her designee and the Controller, both acting ex officio,
and a third member who shall be appointed by and serve at the
pleasure of the Governor. The third member may be a state officer who
shall act ex officio.
SEC. 105. Section 13905 of the Government Code is amended to read:
13905. The board shall have a seal, bearing the following
inscription: "California Victim Compensation Board." The seal shall
be fixed to all writs and authentications of copies of records and to
other instruments that the board directs.
SEC. 106. Section 13909 of the Government Code is amended to read:
13909. (a) The board shall appoint an executive officer who shall
hold office at its pleasure. It may also employ those personnel,
including examiners, as it deems necessary for the performance of its
duties.
(b) The executive officer shall execute those duties and
responsibilities as may be delegated by the board. The board may,
except as otherwise provided in this section, delegate any statutory
power of the board to the executive officer, or any examiner,
employee, or committee as the board may designate, by means of a
board order that is adopted by a majority of all of the board's
members and that prescribes the limits of the delegation.
SEC. 107. Section 13920 of the Government Code is amended and
renumbered to read:
14659.08. The department may adopt regulations pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3:
(a) Limiting the amount, time, and place of expenses and
allowances to be paid to elected state officers, and officers and
employees of the state provided for in Article VI of the California
Constitution, while traveling on official state business.
(b) Governing the presentation and audit of claims against the
state for which an appropriation has been made or for which a state
fund is available.
(c) Governing any other matter over which it has jurisdiction.
SEC. 108. Section 13923 of the Government Code is amended and
renumbered to read:
14659.09. The department may approve plans for payroll deduction
from the salaries or wages of state officers and employees under
subdivision (f) of Section 1151 for charitable contributions to the
agency handling the principal combined fund drive in any area. The
department shall establish necessary rules and regulations, including
the following:
(a) Standards for establishing what constitutes the principal
combined fund drive in an area.
(b) A requirement that the agency to receive these contributions
shall pay, for deposit in the General Fund, the additional cost to
the state of making these deductions and remitting the proceeds, as
determined by the Controller.
(c) A requirement that the agency to receive these contributions
shall pay, for deposit in the Service Revolving Fund, the department'
s cost to administer the annual charitable campaign fund drive. This
amount shall be determined by the department and shall only be
available for the support of the department upon appropriation by the
Legislature.
(d) Provisions for standard amounts of deductions from which each
state officer or employee may select the contribution that he or she
desires to make, if any.
(e) A prohibition upon state officers or employees authorizing
more than one payroll deduction for charitable purposes to be in
effect at the same time.
(f) A provision authorizing the Controller to combine in his or
her records deductions for employee association dues, if authorized,
and charitable deductions, if authorized.
The department, in addition, may approve requests of any
charitable organization qualified as an exempt organization under
Section 23701d of the Revenue and Taxation Code, and paragraph (3) of
subsection (c) of Section
501 of the Internal Revenue Code of 1954, which is not an affiliated
member beneficiary of the principal combined fund drive to receive
designated deductions from the principal fund drive.
The principal combined fund drive agency, any charitable
organization which is an affiliated member beneficiary of the
principal combined fund drive, and any charitable organization
approved by the department to receive designated deductions on the
payroll authorization form of the principal fund drive, shall certify
under penalty of perjury to the department that it is in compliance
with the Fair Employment and Housing Act, Part 2.8 (commencing with
Section 12900), as a condition of receiving these designated
deductions.
The principal combined fund drive shall obtain from the department
the list of approved nonaffiliated beneficiaries, eligible for
designated deductions in its approved drive area, and shall provide
this information to each employee at the time of the principal fund
drive. The principal combined drive agency shall provide a
designation form for the employee to indicate those amounts to be
contributed to affiliated and nonaffiliated beneficiaries. The
designation form shall consist of a copy for each of the following:
(1) the employee, (2) the employee's designated beneficiary agency,
and (3) the principal combined fund drive agency. The principal
combined fund drive agency shall pay the amount collected for the
employee designated beneficiary agency less the amount necessary to
reimburse the principal combined fund drive agency for fundraising
and administrative expenses. The fee charged for fundraising and
administrative cost reimbursement shall be determined by the
department, published in campaign literature and made available to
the employee during the solicitation process.
Nothing contained in this section shall preclude a principal fund
drive agency from giving a percentage of the undesignated funds to
charities which are not members of the agency handling the principal
drive, or honoring an employee's designated deduction to any
charitable organization.
SEC. 109. Section 13928 of the Government Code is amended and
renumbered to read:
14659.10. The department shall take any and all necessary steps
to ensure that all claims which have been approved by the department,
and for which there exists no legally available appropriation, are
submitted for legislative approval at least twice during each
calendar year.
SEC. 110. Section 13940 of the Government Code is amended and
renumbered to read:
12433. Any state agency or employee required to collect any state
taxes, licenses, fees, or money owing to the state for any reason
that is due and payable may be discharged by the Controller from
accountability for the collection of the taxes, licenses, fees, or
money if the debt is uncollectible or the amount of the debt does not
justify the cost of its collection.
SEC. 111. Section 13941 of the Government Code is amended and
renumbered to read:
12434. The application for a discharge under this article shall
be filed with the Controller and include the following:
(a) A statement of the nature and amount of the tax, license, fee,
or other money due.
(b) The names of the persons liable.
(c) The estimated cost of collection.
(d) All other facts warranting the discharge, unless the
Controller determines that the circumstances do not warrant the
furnishing of detailed information.
SEC. 112. Section 13942 of the Government Code is amended and
renumbered to read:
12435. The Controller shall audit the applications. The
Controller shall discharge the applicant from further accountability
for collection and authorize the applicant to close its book on that
item if the Controller determines the following:
(a) The matters contained in the application are correct.
(b) No credit exists against which the debt can be offset.
(c) Collection is improbable for any reason.
(d) The cost of recovery does not justify the collection.
(e) For items that exceed the monetary jurisdiction of the small
claims court, the Attorney General has advised, in writing, that
collection is not justified by the cost or is improbable for any
reason.
SEC. 113. Section 13943 of the Government Code is amended and
renumbered to read:
12436. The Controller may discharge from accountability a state
agency for accounts that do not exceed the amount specified in
subdivision (e) of Section 12435 and thereby authorize the closing of
the agency's books in regard to that item.
SEC. 114. Section 13943.1 of the Government Code is amended and
renumbered to read:
12437. (a) Except as provided in subdivision (b), a discharge
granted pursuant to this article to a state agency or employee does
not release any person from the payment of any tax, license, fee, or
other money that is due and owing to the state.
(b) A discharge granted pursuant to this article to the Franchise
Tax Board shall release a person from a liability for the payment of
any tax, fee, or other liability deemed uncollectible that is due and
owing to the state and extinguish that liability, if at least one of
the following conditions is met:
(1) The liability is for an amount less than five hundred dollars
($500).
(2) The liable person has been deceased for more than four years
and there is no active probate with respect to that person.
(3) The Franchise Tax Board has determined that the liable person
has a permanent financial hardship.
(4) The liability has been unpaid for more than 30 years.
SEC. 115. Section 13943.2 of the Government Code is amended and
renumbered to read:
12438. A state agency is not required to collect taxes, licenses,
fees, or money owing to the state for any reason if the amount to be
collected is five hundred dollars ($500) or less. Nothing contained
in this section shall be construed as releasing any person from the
payment of any money due the state.
SEC. 116. Section 13943.3 of the Government Code is amended and
renumbered to read:
12438.1. Notwithstanding any other provision of this article, the
Controller may discharge the Department of Water Resources from
accountability for collection of the loan issued to the Arrowhead
Manor Water Company in 1980 under the California Safe Drinking Water
Bond Law of 1976, but only if San Bernardino County or its county
service area acquires the water system financed by the loan issued to
the Arrowhead Manor Water Company and pays the amount of nine
hundred ten thousand five hundred twenty dollars ($910,520) in
complete satisfaction of that loan, on or before January 30, 2009.
SEC. 117. Section 13944 of the Government Code is amended and
renumbered to read:
12439. (a) The Controller may investigate, inquire, and, if
necessary, conduct hearings concerning property in the possession of
the Treasurer which has escheated to the state from the estates of
deceased persons pursuant to a judgment of escheat or pursuant to a
distribution to the state under Section 11900 of the Probate Code.
(b) After investigation, inquiry, and hearing, the Controller may
relieve the Treasurer from any liability arising from the possession
of and sell, or authorize the Treasurer to destroy or otherwise
dispose of, any such property as it deems proper.
SEC. 118. Section 13951 of the Government Code is amended to read:
13951. As used in this chapter, the following definitions shall
apply:
(a) "Board" means the California Victim Compensation Board.
(b) (1) "Crime" means a crime or public offense, wherever it may
take place, that would constitute a misdemeanor or a felony if the
crime had been committed in California by a competent adult.
(2) "Crime" includes an act of terrorism, as defined in Section
2331 of Title 18 of the United States Code, committed against a
resident of the state, whether or not the act occurs within the
state.
(c) "Derivative victim" means an individual who sustains pecuniary
loss as a result of injury or death to a victim.
(d) "Law enforcement" means every district attorney, municipal
police department, sheriff's department, district attorney's office,
county probation department, and social services agency, the
Department of Justice, the Department of Corrections, the Department
of the Youth Authority, the Department of the California Highway
Patrol, the police department of any campus of the University of
California, California State University, or community college, and
every agency of the State of California expressly authorized by
statute to investigate or prosecute law violators.
(e) "Pecuniary loss" means an economic loss or expense resulting
from an injury or death to a victim of crime that has not been and
will not be reimbursed from any other source.
(f) "Peer counseling" means counseling offered by a provider of
mental health counseling services who has completed a specialized
course in rape crisis counseling skills development, participates in
continuing education in rape crisis counseling skills development,
and provides rape crisis counseling within the State of California.
(g) "Victim" means an individual who sustains injury or death as a
direct result of a crime as specified in subdivision (e) of Section
13955.
(h) "Victim center" means a victim and witness assistance center
that receives funds pursuant to Section 13835.2 of the Penal Code.
SEC. 119. Section 13972 of the Government Code is amended to read:
13972. (a) If a private citizen incurs personal injury or death
or damage to his or her property in preventing the commission of a
crime against the person or property of another, in apprehending a
criminal, or in materially assisting a peace officer in prevention of
a crime or apprehension of a criminal, or rescuing a person in
immediate danger of injury or death as a result of fire, drowning, or
other catastrophe, the private citizen, his or her surviving spouse,
his or her surviving children, a person dependent upon the citizen
for his or her principal support, any person legally liable for the
citizen's pecuniary losses, or a public safety or law enforcement
agency acting on behalf of any of the above may file a claim with the
California Victim Compensation Board for indemnification to the
extent that the claimant is not compensated from any other source for
the injury, death, or damage. The claim shall generally show all of
the following:
(1) The date, place, and other circumstances of the occurrence or
events that gave rise to the claim.
(2) A general description of the activities of the private citizen
in prevention of a crime, apprehension of a criminal, or rescuing a
person in immediate danger of injury or death as a result of fire,
drowning, or other catastrophe.
(3) The amount or estimated amount of the injury, death, or damage
sustained for which the claimant is not compensated from any other
source, insofar as it may be known at the time of the presentation of
the claim.
(4) Any other information that the California Victim Compensation
Board may require.
(b) A claim filed under subdivision (a) shall be accompanied by a
corroborating statement and recommendation from the appropriate state
or local public safety or law enforcement agency.
SEC. 120. Section 13973 of the Government Code is amended to read:
13973. (a) Upon presentation of a claim pursuant to this chapter,
the California Victim Compensation Board shall fix a time and place
for the hearing of the claim, and shall mail notices of the hearing
to interested persons or agencies. The board shall receive
recommendations from public safety or law enforcement agencies, and
evidence showing all of the following:
(1) The nature of the crime committed by the apprehended criminal
or prevented by the action of the private citizen, or the nature of
the action of the private citizen in rescuing a person in immediate
danger of injury or death as a result of fire, drowning, or other
catastrophe, and the circumstances involved.
(2) That the actions of the private citizen substantially and
materially contributed to the apprehension of a criminal, the
prevention of a crime, or the rescuing of a person in immediate
danger of injury or death as a result of fire, drowning, or other
catastrophe.
(3) That, as a direct consequence, the private citizen incurred
personal injury or damage to property or died.
(4) The extent of the injury or damage for which the claimant is
not compensated from any other source.
(5) Any other evidence that the board may require.
(b) If the board determines, on the basis of a preponderance of
the evidence, that the state should indemnify the claimant for the
injury, death, or damage sustained, it shall approve the claim for
payment. In no event shall a claim be approved by the board under
this article in excess of ten thousand dollars ($10,000).
(c) In addition to any award made under this chapter, the board
may award, as attorney's fees, an amount representing the reasonable
value of legal services rendered a claimant, but in no event to
exceed 10 percent of the amount of the award. No attorney shall
charge, demand, receive, or collect for services rendered in
connection with any proceedings under this chapter any amount other
than that awarded as attorney's fees under this section. Claims
approved under this chapter shall be paid from a separate
appropriation made to the California Victim Compensation in the
Budget Act and as the claims are approved by the board.
SEC. 121. Section 13974 of the Government Code is amended to read:
13974. The California Victim Compensation Board is hereby
authorized to make all needful rules and regulations consistent with
the law for the purpose of carrying into effect this article.
SEC. 122. Section 13974.1 of the Government Code is amended to
read:
13974.1. (a) The California Victim Compensation Board shall use
the applicable provisions of this article to establish a claim and
reward procedure to reward persons providing information leading to
the location of any child listed in the missing children registry
compiled pursuant to former Section 11114 of the Penal Code or
maintained pursuant to the system maintained pursuant to Sections
14203 and 14204 of the Penal Code.
(b) Awards shall be made upon recommendation of the Department of
Justice in an amount of not to exceed five hundred dollars ($500) to
any one individual. However, as a condition to an award, in any
particular case, an amount equal to or greater in nonstate funds
shall have been first offered as a reward for information leading to
the location of that missing child.
(c) The Missing Children Reward Fund is abolished and any
remaining balance is transferred to the Restitution Fund. The
California Victim Compensation Board shall make awards pursuant to
this section from the Restitution Fund, using the appropriation
authority provided in Section 13964.
SEC. 123. Section 13974.5 of the Government Code is amended to
read:
13974.5. (a) The California Victim Compensation Board shall enter
into an interagency agreement with the University of California, San
Francisco, to establish a victims of crime recovery center at the
San Francisco General Hospital for the purpose of providing
comprehensive and integrated services to victims of crime, subject to
conditions set forth by the board.
(b) This section shall not apply to the University of California
unless the Regents of the University of California, by appropriate
resolution, make this section applicable.
(c) This section shall only be implemented to the extent that
funding is appropriated for that purpose.
SEC. 124. Section 13995.40 of the Government Code is amended to
read:
13995.40. (a) Upon approval of the initial referendum, the office
shall establish a nonprofit mutual benefit corporation named the
California Travel and Tourism Commission. The commission shall be
under the direction of a board of commissioners, which shall function
as the board of directors for purposes of the Nonprofit Corporation
Law.
(b) The board of commissioners shall consist of 37 commissioners
comprising the following:
(1) The director.
(2) (A) Twelve commissioners, who are professionally active in the
tourism industry, and whose primary business, trade, or profession
is directly related to the tourism industry, shall be appointed by
the Governor. Each appointed commissioner shall represent only one of
the 12 tourism regions designated by the office, and the appointed
commissioners shall be selected so as to represent, to the greatest
extent possible, the diverse elements of the tourism industry.
Appointed commissioners are not limited to individuals who are
employed by or represent assessed businesses.
(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed commissioner
90 days following the date on which he or she ceases to meet both of
the eligibility criteria specified in subparagraph (A), unless the
commissioner becomes eligible again within that 90-day period.
(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an
assessed business.
(c) The commission established pursuant to former Section 15364.52
shall be inoperative so long as the commission established pursuant
to this section is in existence.
(d) Elected commissioners shall be elected by industry category in
a referendum. Regardless of the number of ballots received for a
referendum, the nominee for each commissioner slot with the most
weighted votes from assessed businesses within that industry category
shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his or
her term, the commission shall appoint a replacement from the same
industry category that the commissioner in question represented, and
that commissioner shall fill the remaining term of the commissioner
in question. The number of commissioners elected from each industry
category shall be determined by the weighted percentage of
assessments from that category.
(e) The director may remove any elected commissioner following a
hearing at which the commissioner is found guilty of abuse of office
or moral turpitude.
(f) (1) The term of each elected commissioner shall commence July
1 of the year next following his or her election, and shall expire on
June 30 of the fourth year following his or her election. If an
elected commissioner ceases to be employed by or with an assessed
business in the category and segment which he or she was
representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he or she
ceases to be so employed, unless, within that 90-day period, the
commissioner again is employed by or with an assessed business in the
same category and segment.
(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.
(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase "two consecutive terms" shall not include
partial terms.
(h) Except for the original commissioners, all commissioners shall
serve four-year terms. One-half of the commissioners originally
appointed or elected shall serve a two-year term, while the remainder
shall serve a four-year term. Every two years thereafter, one-half
of the commissioners shall be appointed or elected by referendum.
(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the commissioners,
by adopted resolution, shall nominate a slate of candidates, and
shall include any additional candidates complying with the procedure
described in Section 13995.62.
(j) (1) The commissioners appointed pursuant to subparagraph (A)
of paragraph (2) of subdivision (b) shall elect the chairperson.
(2) The commissioners selected pursuant to subdivision (d) shall
elect the vice chairperson.
(k) The commission may lease space from the office.
(l) The commission and the office shall be the official state
representatives of California tourism.
(m) (1) All commission meetings shall be held in California.
(2) Commissioners may participate in meetings by means of
conference telephone and other technology.
(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement for
reasonable expenses incurred while on authorized commission business.
(o) Assessed businesses shall vote only for commissioners
representing their industry category.
(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve the
economic interests of those tourism segments and that the economic
interests of these members are the same as those of the public
generally.
(q) Commission meetings shall be subject to the requirements of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1).
(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep the
minutes and records of all commission meetings.
SEC. 125. Section 14084 of the Government Code is amended to read:
14084. If at any time, in carrying out any agreement made
pursuant to Section 14081, the required payment of reimbursements
becomes a matter in dispute that cannot be resolved by the governing
body and the director, it shall be brought before the Controller, who
may conduct the necessary audits and interviews to determine the
facts, hear both parties to the dispute, and make a final
determination as to the reimbursement actually due.
SEC. 126. Section 14600 of the Government Code is amended to read:
14600. The Legislature declares that a centralization of business
management functions and services of state government is necessary
to take advantage of specialized techniques and skills, provide
uniform management practices, and to insure a continuing high level
of efficiency and economy. A Department of General Services is
created to provide centralized services including, but not limited
to, planning, acquisition, construction, and maintenance of state
buildings and property; purchasing; printing; architectural services;
administrative hearings; government claims; and accounting services.
The Department of General Services shall develop and enforce policy
and procedures and shall institute or cause the institution of those
investigations and proceedings as it deems proper to assure effective
operation of all functions performed by the department and to
conserve the rights and interests of the state.
SEC. 127. The heading of Article 1.1 (commencing with Section
14659) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of
the Government Code, to read:
Article 1.1. Government Claims Duties
SEC. 128. Section 14659 is added to the Government Code, to read:
14659. The Department of General Services and its director
succeed to and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the California Victim
Compensation and Government Claims Board, or its executive officer,
under the following statutes as they existed on January 1, 2016:
(a) Section 77 of the Code of Civil Procedure.
(b) Section 846.1 of the Civil Code.
(c) Sections 12117, 24618, and 89750.5 of the Education Code.
(d) Sections 1122 and 15512 of the Fish and Game Code.
(e) Sections 3955, 14978.2, and 52295 of the Food and Agricultural
Code.
(f) Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5,
915, 920, 925, 927.13, 935.6, 935.7, 940.2, 965, 965.1, 965.5, 997.1,
998, 998.2, 1151, 3515.7, 8652, 8902, 11007.6, 11014, 11030.1,
11030.2, 11031, 11275, 13332.09, 14600, 15202, 16302.1, 16304.6,
16383, 16431, 17051.5, 17201, 19815.4, 20163, 21223, 21265, 26749,
68503, 68506, 68543, 68543.5, 68543.8, and 68565 of this code.
(g) Sections 13052, 25370, 121265, and 121270 of the Health and
Safety Code.
(h) Sections 11580.1 and 11872 of the Insurance Code.
(i) Sections 4724, 4725, and 4726 of the Labor Code.
(j) Sections 422.92, 987.9, 1557, 2786, 11163, and 11172 of the
Penal Code.
(k) Sections 10301, 10306, 10308, 10311, 10326.2, and 12102.2 of
the Public Contract Code.
(l) Sections 4116, 4602.6, 5093.68, and 30171.2 of the Public
Resources Code.
(m) Sections 4461, 14171.5, 14171.6, and 15634 of the Welfare and
Institutions Code.
SEC. 129. Section 14659.01 is added to the Government Code, to
read:
14659.01. Notwithstanding Section 13900, whenever the term
"California Victim Compensation and Government Claims Board," the
term "California Victim Compensation Boards," or the term "State
Board of Control" appears in any statute, regulation, contract, or
any other code with respect to the statutory powers and duties of the
Department of General Services described in Section 14659, they
shall be construed to refer to the Department of General Services
unless the context clearly requires otherwise.
SEC. 130. Section 14659.02 is added to the Government Code, to
read:
14659.02. The Department of General Services may assign any
matter related to the statutory powers and duties of the Department
of General Services described in Section 14659 to the Office of Risk
and Insurance Management or to any other state office.
SEC. 131. Section 14659.03 is added to the Government Code, to
read:
14659.03. The evidence in any investigation, inquiry, or hearing
may be taken by the Department of General Services or, on its behalf,
by the office designated for that purpose. Every finding, opinion,
and order, made pursuant to an investigation, inquiry, or hearing,
when approved or confirmed by the department, or office so
designated, is the finding, opinion, or order of the Department of
General Services.
SEC. 132. Section 14659.04 is added to the Government Code, to
read:
14659.04. The Office of Risk and Insurance Management, any state
office designated pursuant to Section 14659.02, or their designees
shall keep a full and
true record of all proceedings, issue all necessary process, writs,
warrants, and notices, and perform those other duties described in
Section 14659.
SEC. 133. Section 14659.05 is added to the Government Code, to
read:
14659.05. The Director of General Services, the Office of Risk
and Insurance Management, any state office designated pursuant to
Section 14659.02, or their designees may administer oaths, certify to
all official acts, and issue subpoenas for the attendance of
witnesses and production of papers, books, accounts, documents, and
testimony in any inquiries, investigations, hearings, or proceedings
conducted in accordance with Section 14659.
SEC. 134. Section 14659.06 is added to the Government Code, to
read:
14659.06. The Department of General Services, the Office of Risk
and Insurance Management, any state office designated pursuant to
Section 14659.02, or their designees may administer oaths, examine
witnesses, issue subpoenas, and receive evidence under such rules and
regulations, pursuant to Section 14659, as the Department of General
Services may adopt.
SEC. 135. Section 14659.07 is added to the Government Code, to
read:
14659.07. The Department of General Services shall have a seal,
bearing the following inscription: "Department of General Services."
The seal shall be fixed to all writs and authentications of copies of
records and to other instruments that the department directs.
SEC. 136. Article 3.5 (commencing with Section 14691) is added to
Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government
Code, to read:
Article 3.5. State Projects
14691. (a) For purposes of this article, the following
definitions shall apply:
(1) "Acquisition" includes purchase, option to purchase, or lease
of real property, including lease purchase or lease with option to
purchase.
(2) "Planning" includes studies, suitability reports,
environmental review, program management, and master planning.
Services to deliver "planning" shall be considered "architectural and
engineering services" as that term is used in Section 4529.10.
(3) "State project" means any planning, acquisition, design, or
construction undertaken pursuant to this article and may include
associated infrastructure, parking, landscaping, and other ancillary
components, including furnishings and equipment instrumental to the
use of a building. "State project" does not include work done to the
State Capitol or an office building utilized by or under the control
of the Legislature, including work done pursuant to Article 5.2
(commencing with Section 9112) of Chapter 1.5 of Part 1 of Division
2.
(b) It is the intent of the Legislature that any state project
authorized pursuant to this article incorporate elements
complementary to the community in which it is sited, as well as
elements that promote efficiency and sustainability.
14692. (a) (1) The State Project Infrastructure Fund is hereby
established in the State Treasury.
(2) Notwithstanding Section 13340, the fund is continuously
appropriated to the department, without regard to fiscal years, for
the following purposes:
(A) Subject to authorization as provided in this article, for
state projects pursuant to this article.
(B) To cover the costs of the report required by Section 9112.
(C) (i) For transfer to the Operating Funds of the Assembly and
Senate, to be used for the capital outlay projects specified in
Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part 1
of Division 2.
(ii) Upon direction of the Director of Finance, the Controller
shall transfer from the fund to the Operating Funds of the Assembly
and the Senate an amount that is consistent with the budget amount
specified in the report required by Section 9112.
(b) Notwithstanding any other law, the Controller may use the
funds in the State Project Infrastructure Fund for cashflow loans to
the General Fund as provided in Sections 16310 and 16381.
(c) The moneys in this fund shall be exempt from statewide general
administrative cost recovery pursuant to Article 2 (commencing with
Section 11270) of Chapter 3 of Part 1.
(d) Any lease entered into pursuant to this article is subject to
the approval of the Department of Finance and any applicable
notification required by subdivision (d) of Section 14694.
14693. (a) Any state project authorized pursuant to this article
shall be funded in whole or in part by the State Project
Infrastructure Fund.
(b) Any state project authorized pursuant to this article shall be
subject to approval and administrative oversight by the Department
of Finance and the State Public Works Board, including, but not
limited to, notice requirements for changes to the cost and scope of
the state project as described in Sections 13332.11 and 13332.19, as
applicable.
14694. (a) Prior to the development of the project scope, cost,
and delivery method of a state project pursuant to subdivision (b),
the department, upon approval by the Department of Finance, may
utilize moneys in the State Project Infrastructure Fund for planning.
(b) The State Public Works Board shall establish the scope, cost,
and delivery method for each state project.
(c) The Department of Finance, on behalf of the department, shall
notify the Joint Legislative Budget Committee as follows:
(1) At least 20 days prior to an expenditure of funds for any
planning activity pursuant to subdivision (b). The notice required by
this paragraph shall include the purpose of the planning activity
and estimates of the costs.
(2) Except as provided in Section 14695, at least 60 days prior to
the establishment of the scope, cost, and delivery method of a state
project pursuant to subdivision (b). The notice required by this
paragraph shall have the same level of detail as a capital outlay
budget change proposal and describe the scope, budget, delivery
method, expected tenants, and schedule for any space to be
constructed or renovated as part of that state project.
(3) At least 30 days prior to the State Public Works Board
approval of the design of a state project, pursuant to Section
13332.11 or 13332.19, as applicable. The notice required by this
paragraph shall include updated estimates of the project's cost and
schedule.
(4) At least 30 days prior to entering into a contract or a lease
arrangement for a state project that includes construction. The
notice required by this paragraph shall include updated estimates of
the project's cost and schedule. A state project delivered by lease
pursuant to this paragraph shall be exempt from Section 13332.10.
14695. (a) Notwithstanding Section 14694, with respect to the
state projects specified in subdivision (b), the Department of
Finance, on behalf of the department, shall notify the Joint
Legislative Budget Committee at least 45 days prior to the
establishment of the scope, cost, and delivery method of the state
project pursuant to subdivision (b) of Section 14694. The notice
required by this section shall have the same level of detail as a
capital outlay budget change proposal and describe the scope, budget,
delivery method, expected tenants, and schedule for any space to be
constructed or renovated as part of that state project.
(b) This section shall only apply to a state project that is
comprised solely of either of the following:
(1) Replacement of the office building that is, as of the
effective date of the act adding this section, used by the Natural
Resources Agency.
(2) Construction of an office building located on "O" Street in
the City of Sacramento that is currently under consideration as of
the effective date of the act adding this section.
14696. (a) The department shall submit, on a quarterly basis, a
report on the status of each state project established by the State
Public Works Board pursuant to Section 14694 to the Joint Legislative
Budget Committee and to the chairpersons of the Senate Committee on
Budget and Fiscal Review and the Assembly Committee on Budget. The
report shall also include the amount of expenditures made from the
State Project Infrastructure Fund for any state project authorized
under this article.
(b) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795.
14697. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under this article. This
section is declarative of existing law.
SEC. 137. Section 15202 of the Government Code is amended to read:
15202. (a) A county that is responsible for the cost of a trial
or trials or any hearing of a person for the offense of homicide may
apply to the Controller for reimbursement of the costs incurred by
the county in excess of the amount of money derived by the county
from a tax of 0.0125 of 1 percent of the full value of property
assessed for purposes of taxation within the county.
(b) The formula in this section shall apply to any homicide trial
in which the commission of the crime occurred on or after January 1,
2005. Homicide trials for which the crime was committed before
January 1, 2005, shall qualify under the reimbursement statute in
effect before that date.
(c) The Controller shall not reimburse any county for costs that
exceed the Department of General Services' standards for travel and
per diem expenses. The Controller may reimburse extraordinary costs
in unusual cases if the county provides sufficient justification of
the need for these expenditures. Nothing in this section shall permit
the reimbursement of costs for travel in excess of 1,000 miles on
any single round trip, without the prior approval of the Attorney
General.
(d) Reimbursement funds appropriated pursuant to this section are
available for three fiscal years from the date of the appropriation.
After three fiscal years, any unused funds shall revert back to the
General Fund.
SEC. 138. Section 16302.1 of the Government Code is amended to
read:
16302.1. (a) Whenever any person pays to any state agency
pursuant to law an amount covering taxes, penalties, interest,
license, or other fees, or any other payment, and it is subsequently
determined by the state agency responsible for the collection thereof
that this amount includes an overpayment of ten dollars ($10) or
less of the amount due the state pursuant to the assessment, levy, or
charge to which the payment is applicable, the amount of the
overpayment may be disposed of in either of the following ways:
(1) The state agency responsible for the collection to which the
overpayment relates may apply the amount of the overpayment as a
payment by the person on any other taxes, penalties, interest,
license, or other fees, or any other amount due the state from that
person if the state agency is responsible by law for the collection
to which the overpayment is to be applied as a payment.
(2) Upon written request of the state agency responsible for the
collection to which the overpayment relates, the amount of the
overpayment shall, on order of the Controller, be deposited as
revenue in the fund in the State Treasury into which the collection,
exclusive of overpayments, is required by law to be deposited.
(b) The Department of General Services may adopt rules and
regulations to permit state agencies to retain these overpayments
where a demand for refund permitted by law is not made within six
months after the refund becomes due, and the retained overpayments
shall belong to the state.
(c) Except as provided in subdivision (b), this section shall not
affect the right of any person making overpayment of any amount to
the state to make a claim for refund of the overpayment, nor the
authority of any state agency or official to make payment of any
amount so claimed, if otherwise authorized by law.
SEC. 139. Section 16304.6 of the Government Code is amended to
read:
16304.6. Within the time during which the appropriation is
available for expenditure, the Department of General Services at the
request of the director of the department concerned and with the
approval of the Director of Finance, may authorize that unneeded
funds in any appropriation for the support of an institution, school,
or college or for family care or private home care or for parole
supervision activities within any of the following departments shall
be available and be deemed appropriated for the support of any
institution, school, or college or for family care or private home
care or for parole supervision activities within the same department:
(a) Department of Corrections and Rehabilitation.
(b) Department of the Youth Authority.
(c) State Department of Education.
(d) State Department of State Hospitals.
SEC. 140. Section 16383 of the Government Code is amended to read:
16383. Warrants may be drawn by the Controller against the
General Cash Revolving Fund, to the extent of the amounts available,
in accordance with demands audited pursuant to law and rules and
regulations prescribed from time to time by the Department of General
Services, and also to meet other payments provided by law to be made
from the General Fund. The Treasurer may pay from the General Cash
Revolving Fund the warrants so drawn.
SEC. 141. Section 16431 of the Government Code is amended to read:
16431. (a) Notwithstanding any other provisions of this code,
funds held by the state, pursuant to a written agreement between the
state and employees of the state to defer a portion of the
compensation otherwise receivable by the state's employees and
pursuant to a plan for that deferral as adopted by the state and
approved by the Department of General Services, may be invested in
the types of investments set forth in Sections 53601 and 53602 and
may additionally be invested in corporate stocks, bonds, and
securities, mutual funds, savings and loan accounts, credit union
accounts, annuities, mortgages, deeds of trust, or other security
interests in real or personal property. Nothing in this section shall
be construed to permit any type of investment prohibited by the
California Constitution.
(b) Deferred compensation funds are public pension or retirement
funds for the purposes of Section 17 of Article XVI of the California
Constitution.
SEC. 142. Section 17051.5 of the Government Code is amended to
read:
17051.5. A state agency shall notify the Treasurer not to pay a
warrant drawn by the Controller upon that agency's request whenever
that agency has reason to believe that the Controller has drawn or is
about to draw his or her warrant without legal authority, for a
larger amount than is owed by the state, or in a manner not in
conformity with the regulations adopted by the Department of General
Services for the presentation and audit of claims. Upon notification
from a state agency as described in this section, the Treasurer shall
refuse payment of the subject warrant until he or she is otherwise
directed by the agency or the Legislature.
SEC. 143. Section 17201 of the Government Code is amended to read:
17201. The Department of General Services may make rules and
regulations governing the issuance and sale of registered warrants.
SEC. 144. Section 17518.5 of the Government Code is amended to
read:
17518.5. (a) "Reasonable reimbursement methodology" means a
formula for reimbursing local agencies and school districts for costs
mandated by the state, as defined in Section 17514.
(b) A reasonable reimbursement methodology shall be based on cost
information from a representative sample of eligible claimants,
information provided by associations of local agencies and school
districts, or other projections of local costs.
(c) A reasonable reimbursement methodology shall consider the
variation in costs among local agencies and school districts to
implement the mandate in a cost-efficient manner.
(d) Whenever possible, a reasonable reimbursement methodology
shall be based on general allocation formulas, uniform cost
allowances, and other approximations of local costs mandated by the
state, rather than detailed documentation of actual local costs. In
cases when local agencies and school districts are projected to incur
costs to implement a mandate over a period of more than one fiscal
year, the determination of a reasonable reimbursement methodology may
consider local costs and state reimbursements over a period of
greater than one fiscal year, but not exceeding 10 years.
(e) (1) A reasonable reimbursement methodology that is based on,
in whole or in part, costs that have been included in claims
submitted to the Controller for reimbursement shall only use costs
that have been audited by the Controller.
(2) Upon receiving a reasonable reimbursement methodology proposal
that is based on, in whole or in part, costs that have been included
in claims submitted to the Controller for reimbursement, the
Commission on State Mandates shall notify the Controller within 30
days of receiving the proposed reasonable reimbursement methodology.
(3) The Controller shall select and audit a representative sample
of the claimed costs used in the proposed reasonable reimbursement
methodology within 360 days of being notified by the Commission on
State Mandates.
(4) The allowable costs reported by the Controller as a result of
the audits shall be the costs used for the proposed reasonable
reimbursement methodology.
(f) A reasonable reimbursement methodology may be developed by any
of the following:
(1) The Department of Finance.
(2) The Controller.
(3) An affected state agency.
(4) A claimant.
(5) An interested party.
(g) The Controller, in coordination with the Commission on State
Mandates and Department of Finance, shall by October 1, 2018, prepare
a report to the Legislature, in accordance with Section 9795,
regarding implementation of the new reasonable reimbursement process.
(h) The appropriate policy committees in each house of the
Legislature shall hold hearings on the report referenced in
subdivision (g).
(i) This section shall remain in effect only until July 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2019, deletes or extends that date.
SEC. 145. Section 17518.5 is added to the Government Code, to
read:
17518.5. (a) "Reasonable reimbursement methodology" means a
formula for reimbursing local agencies and school districts for costs
mandated by the state, as defined in Section 17514.
(b) A reasonable reimbursement methodology shall be based on cost
information from a representative sample of eligible claimants,
information provided by associations of local agencies and school
districts, or other projections of local costs.
(c) A reasonable reimbursement methodology shall consider the
variation in costs among local agencies and school districts to
implement the mandate in a cost-efficient manner.
(d) Whenever possible, a reasonable reimbursement methodology
shall be based on general allocation formulas, uniform cost
allowances, and other approximations of local costs mandated by the
state, rather than detailed documentation of actual local costs. In
cases when local agencies and school districts are projected to incur
costs to implement a mandate over a period of more than one fiscal
year, the determination of a reasonable reimbursement methodology may
consider local costs and state reimbursements over a period of
greater than one fiscal year, but not exceeding 10 years.
(e) A reasonable reimbursement methodology may be developed by any
of the following:
(1) The Department of Finance.
(2) The Controller.
(3) An affected state agency.
(4) A claimant.
(5) An interested party.
(f) This section shall become operative on July 1, 2019.
(Amended by Stats. 2007, Ch. 329, Sec. 1. Effective January 1,
2008.)
SEC. 146. Section 18708 of the Government Code is amended to read:
18708. The board shall cooperate with the Director of Finance,
the Department of Human Resources, the Controller, and other state
agencies in matters not covered by this part and not inconsistent
with this part to promote the efficient and economical administration
of the state's business.
SEC. 147. Section 19815.4 of the Government Code is amended to
read:
19815.4. The director shall do all of the following:
(a) Be responsible for the management of the department.
(b) Administer and enforce the laws pertaining to personnel.
(c) Observe and report to the Governor on the conditions of the
nonmerit aspects of personnel.
(d) Formulate, adopt, amend, or repeal rules, regulations, and
general policies affecting the purposes, responsibilities, and
jurisdiction of the department and that are consistent with the law
and necessary for personnel administration.
All regulations relating to personnel administration heretofore
adopted pursuant to this part by the State Personnel Board,
California Victim Compensation Board, the Department of General
Services, and the Department of Finance, and in effect on the
operative date of this part, shall remain in effect and shall be
fully enforceable unless and until readopted, amended, or repealed by
the director.
(e) Hold hearings, subpoena witnesses, administer oaths, and
conduct investigations concerning all matters relating to the
department's jurisdiction.
(f) Act on behalf of the department and delegate powers to any
authorized representative.
(g) Serve as the Governor's designated representative pursuant to
Section 3517.
(h) Perform any other duties that may be prescribed by law, and
any other administrative and executive duties that have by other
provisions of law been previously imposed.
SEC. 148. Section 20163 of the Government Code is amended to read:
20163. (a) If more or less than the correct amount of
contribution required of members, the state, or any contracting
agency, is paid, proper adjustment shall be made in connection with
subsequent payments, or the adjustments may be made by direct cash
payments between the member, state, or contracting agency concerned
and the board or by adjustment of the employer's rate of
contribution. Adjustments to correct any other errors in payments to
or by the board, including adjustments of contributions, with
interest, that are found to be erroneous as the result of corrections
of dates of birth, may be made in the same manner. Adjustments to
correct overpayment of a retirement allowance may also be made by
adjusting the allowance so that the retired person or the retired
person and his or her beneficiary, as the case may be, will receive
the actuarial equivalent of the allowance to which the member is
entitled. Losses or gains resulting from error in amounts within the
limits set by the Department of General Services for automatic
writeoff, and losses or gains in greater amounts specifically
approved for writeoff by the Department of General Services, shall be
debited or credited, as the case may be, to the reserve against
deficiencies in interest earned in other years, losses under
investments, and other contingencies.
(b) No adjustment shall be made because less than the correct
amount of normal contributions was paid by a member if the board
finds that the error was not known to the member and was not the
result of erroneous information provided by him or her to this system
or to his or her employer. The failure to adjust shall not preclude
action under Section 20160 correcting the date upon which the person
became a member.
(c) The actuarial equivalent under this section shall be computed
on the basis of the mortality tables and actuarial interest rate in
effect under this system on December 1, 1970, for retirements
effective through December 31, 1979. Commencing with retirements
effective January 1, 1980, and at corresponding 10-year intervals
thereafter, or more frequently at the board's discretion, the board
shall change the basis for calculating actuarial equivalents under
this article to agree with the interest rate and mortality tables in
effect at the commencement of each 10-year or succeeding interval.
SEC. 149. Section 21223 of the Government Code is amended to read:
21223. A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided under this
system upon approval of the Director of Human Resources or the
governing body of a contracting agency, as the case may be, under
employment by any state or contracting agency in which he or she
previously served while a member of this system, where by reason of
actual litigation, or a proceeding before the Department of General
Services or the governing body of a contracting agency, as the case
may be, or where the state or contracting agency desires to
perpetuate testimony in connection with any anticipated litigation
involving the state or contracting agency, and adverse interests, the
services of the person are or may be necessary in preparing for
trial or in testifying as to matters within or based upon his or her
knowledge acquired while employed. He or she may be paid a per diem
and actual and necessary traveling expenses, but he or she shall not
be paid at a greater rate of compensation per diem than the rate
ordinarily paid other persons by state agencies or the contracting
agency for similar services. However, there shall be deducted from
the per diem compensation sums equal to the retirement annuity
allocable to the days of actual employment under this section.
SEC. 150. Section 21265 of the Government Code is amended to read:
21265. Retired members of this system, and beneficiaries who are
entitled to receive allowances or benefits under this part, may
authorize deductions to be made from their retirement allowance
payments or from the allowances and benefits, respectively, or from
either or both when both are being received in accordance with
regulations established by the board for the payment of charitable
contributions under any plan approved by the board. In lieu of
approving individual plans, the board, at its discretion, may adopt
by reference those plans approved by the Department of General
Services under Section 13923. The board shall determine the
additional cost involved in making deductions under this section, and
the agency to receive the contributions shall pay the amount of the
additional cost to the board for deposit in the retirement fund.
SEC. 151. Section 22910 of the Government Code is amended to read:
22910. (a) There shall be maintained in the State Treasury
the Public Employees' Contingency Reserve Fund. The board may invest
funds in the Public Employees' Contingency Reserve Fund in
accordance with the law governing its investment of the retirement
fund.
(b) (1) An account shall be maintained within the Public Employees'
Contingency Reserve Fund with respect to the health benefit plans
the board has approved or that have entered into a contract with the
board. The account shall be credited, from time to time and in
amounts as determined by the board, with moneys contributed under
Section 22885 or 22901 to provide an adequate contingency reserve.
The income derived from any dividends, rate adjustments, or other
funds received from a health benefit plan shall be credited to the
account. The board may deposit, in the same manner as provided in
paragraph (4), up to one-half of 1 percent of premiums in the account
for purposes of cost containment programs, subject to approval as
provided in paragraph (2) of subdivision (c).
(2) The account for health benefit plans may be utilized to defray
increases in future rates, to reduce the contributions of employees
and annuitants and employers, to implement cost containment programs,
or to increase the benefits provided by a health benefit plan, as
determined by the board. The board may use penalties and interest
deposited pursuant to subdivision (c) of Section 22899 to pay any
difference between the adjusted rate set by the board pursuant to
Section 22864 and the applicable health benefit plan contract rates.
(3) The total credited to the account for health benefit plans at
any time shall be limited, in the manner and to the extent the board
may find to be most practical, to a maximum of 10 percent of the
total of the contributions of the employers and employees and
annuitants in any fiscal year. The board may undertake any action to
ensure that the maximum amount prescribed for the fund is
approximately maintained.
(4) Board rules and regulations adopted pursuant to Section 22831
to minimize the impact of adverse selection or contracts entered into
pursuant to Section 22864 to implement health benefit plan
performance incentives may provide for deposit in and disbursement to
carriers or to Medicare from the account the portion of the
contributions otherwise payable directly to the carriers by the
Controller under Section 22913 as may be required for that purpose.
The deposits shall not be included in applying the limitations,
prescribed in paragraph (3), on total amounts that may be deposited
in or credited to the fund.
(5) Notwithstanding Section 13340, all moneys in the account for
health benefit plans are continuously appropriated without regard to
fiscal year for the purposes provided in this subdivision.
(c) (1) An account shall also be maintained in the Public
Employees' Contingency Reserve Fund for administrative expenses
consisting of funds deposited for this purpose pursuant to Sections
22885 and 22901.
(2) The moneys deposited pursuant to Sections 22885 and 22901 in
the Public Employees' Contingency Reserve Fund may be expended by the
board for administrative purposes, provided that the expenditure is
approved in the annual Budget Act.
(d) An account shall be maintained in the Public Employees'
Contingency Reserve Fund for the contributions required pursuant to
Section 22870. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, for the
payment of premiums or other charges to carriers or the Public
Employees' Health Care Fund. This subdivision shall not apply to
state administrative costs, which shall continue to be subject to
Section 13340.
(e) An account shall be maintained in the Public Employees'
Contingency Reserve Fund for the contributions required pursuant to
Section 22890 and for payments made pursuant to subdivision (f) of
Section 22850. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, for the
payment of premiums or other charges to carriers or the Public
Employees' Health Care Fund. Penalties and interest paid pursuant to
subdivision (c) of Section 22899 shall be deposited in the account
pursuant to paragraphs (1) and (2) of subdivision (b).
(f) Accounts shall be maintained in the Public Employees'
Contingency Reserve Fund for complementary annuitant premiums and
related administrative expenses paid by annuitants pursuant to
Section 22802. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, to
reimburse the Public Employees' Retirement Fund, the Judges'
Retirement Fund, the Judges' Retirement Fund II, and the Legislators'
Retirement Fund, as applicable, for payment of annuitant health
premiums, and for the payment of premiums and other charges to
carriers or to the Public Employees' Health Care Fund. Administrative
expenses deposited in this account shall be credited to the account
provided by subdivision (c).
(g) Amounts received by the board for retiree drug subsidy
payments that are attributed to contracting agencies and their
annuitants and employees pursuant to subdivision (c) of Section
22910.5 shall be deposited in the Public Employees' Contingency
Reserve Fund. Notwithstanding Section 13340, these amounts are
continuously appropriated, without regard to fiscal year, for the
payment of premiums, costs, contributions, or other benefits related
to contracting agencies and their employees and annuitants, and as
consistent with the Medicare Prescription Drug Improvement and
Modernization Act, as amended.
(h) The Account for Retiree Drug Subsidy Payments is hereby
established in the Public Employees' Contingency Reserve Fund and
funds in that account shall, upon appropriation by the Legislature,
be used for the purposes described in Section 22910.5.
(i) Notwithstanding any other law, the Controller may use the
moneys in the Public Employees' Contingency Reserve Fund for loans to
the General Fund as provided in Sections 16310 and 16381. However,
interest shall be paid on all moneys loaned to the General Fund from
the Public Employees' Contingency Reserve Fund. Interest payable
shall be computed at a rate determined by the Pooled Money Investment
Board to be the current earning rate of the fund from which loaned.
This subdivision does not authorize any transfer that will interfere
with the carrying out of the object for which the Public Employees'
Contingency Reserve Fund was created.
SEC. 152. Section 22911 of the Government Code is amended to read:
22911. (a) There shall be maintained in the State Treasury the
Public Employees' Health Care Fund to fund the health benefit plans
administered or approved by the board. The board may invest funds in
the Public Employees' Health Care Fund in accordance with the
provisions of law governing its investment of the retirement fund.
(b) The Public Employees' Health Care Fund shall consist of the
following:
(1) Any self-funded or minimum premium plan premiums paid by
contracting agencies, the state and enrolled employees, annuitants,
and family members, including premiums paid directly for continuation
coverage authorized under the Consolidated Omnibus Budget
Reconciliation Act, and as authorized by this part.
(2) Any reserve moneys from terminated health benefit plans
designated by the board.
(3) Any moneys from a health benefit plan for risk adjustment
pursuant to Section 22864.
(c) Income earned on the Public Employees' Health Care Fund shall
be credited to the fund.
(d) Notwithstanding Section 13340, the Public Employees' Health
Care Fund is continuously appropriated, without regard to fiscal
years, to pay benefits and claims costs for self-funded or minimum
premium health benefit plans, and refunds to those who made direct
premium payments.
(e) The moneys deposited in the Public Employees' Health Care Fund
may be expended by the board for administrative purposes provided
that the expenditure is approved in the annual Budget Act.
(f) The Legislature finds and declares that the Public Employees'
Health Care Fund is a trust fund held for the exclusive benefit of
enrolled employees, annuitants, family members, the self-funded plan
administrator, and those contracting to provide medical and hospital
care services.
(g) Notwithstanding subdivisions (d) and (f), the board may use
reserves generated by one or more self-funded health benefit plans
for risk adjustment programs and procedures pursuant to paragraph (3)
of subdivision (f) of Section 22850 and paragraph (5) of subdivision
(b) of Section 22864.
SEC. 153. Section 26749 of the Government Code is amended to read:
26749. The sheriff shall receive expenses necessarily incurred in
conveying persons to and from the state hospitals and in conveying
persons to and from the state prisons or other state institutions, or
to other destinations for the purpose of deportation to other
states, or in advancing actual traveling expenses to any person
committed to a state institution who is permitted to report to an
institution without escort, which expenses shall be allowed as
provided by Chapter 6 (commencing with Section 4750) of Title 5 of
Part 3 of the Penal Code for cases subject to that chapter, and,
otherwise, by the Department of General Services and paid by the
state.
SEC. 154. Section 68503 of the Government Code is amended to read:
68503. Members of committees appointed pursuant to Section 68501
shall receive no compensation from the state for their services. When
called into session by the Chairperson of the Judicial Council,
members shall receive their actual and necessary expenses for travel,
board, and lodging, which shall be paid from the funds appropriated
to the use of the council. These expenses shall be approved in the
manner that the council directs, and shall be audited by the
Controller in accordance with the rules of the Department of General
Services.
SEC. 155. Section 68506 of the Government Code is amended to read:
68506. All salaries and expenses incurred by the council pursuant
to this article, including the necessary expenses for travel, board,
and lodging of the members of the council and its officers,
assistants, and other employees incurred in the performance of the
duties and business of the council, shall be paid from the funds
appropriated for the use of the council. The salaries and expenses
shall be approved in the manner that the council directs, and shall
be audited by the Controller in accordance with the rules of the
Department of General Services.
SEC. 156. Section 68543 of the Government Code is amended to read:
68543. The extra compensation and expenses for travel, board, and
lodging of judges sitting in the Supreme Court and courts of appeal
under assignments made by the Chairperson of the Judicial Council
shall be paid by the state under the rules adopted by the Department
of General Services that are applicable to officers of the state
provided for in Article VI of the California Constitution while
traveling on official state business.
SEC. 157. Section 68543.5 of the Government Code is amended to
read:
68543.5. (a) Whenever a judge who has retired under the Judges'
Retirement System or the Judges' Retirement System II is assigned to
serve in a court of record, the state shall pay the judge for each
day of service in the court in the amount specified in Section
68543.7, without loss or interruption of retirement benefits, unless
the judge waives compensation under this section. Whenever a retired
judge of a justice court who is not a member of the Judges'
Retirement System nor the Judges' Retirement System II is assigned to
serve in a court of record, the state shall pay the judge for each
day of service in the court in the amount specified in Section
68543.7, or the compensation specified in Section 68541, whichever is
greater. The compensation shall be paid by the Judicial Council out
of any appropriation for extra compensation of judges assigned by the
Chairperson of the Judicial Council.
(b) If a judge who has retired under the Judges' Retirement System
or the Judges' Retirement System II is assigned to serve in a court
of record, the 8-percent difference between the compensation of the
retired judge while so assigned and the compensation of a judge of
the court to which the retired judge is assigned shall be paid to the
Judges' Retirement Fund or the Judges' Retirement System II Fund, as
applicable.
(c) During the period of assignment, a retired judge shall be
allowed expenses for travel, board, and lodging incurred in the
discharge of the assignment. When assigned to sit in the county in
which he or she resides, the judge shall be allowed expenses for
travel and board incurred in the discharge of the assignment. The
expenses for travel, board, and lodging shall be paid by the state
under the rules adopted by the Department of General Services that
are applicable to officers of the state provided for in Article VI of
the California Constitution while traveling on official state
business.
(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
compensation, a retired judge on senior judge status shall receive
compensation from the state as provided in Sections 75028 and
75028.2, and shall be allowed expenses for travel, board, and lodging
incurred in the discharge of the assignment as provided in this
section.
SEC. 158. Section 68543.8 of the Government Code is amended to
read:
68543.8. (a) The Legislature finds that there is a shortage of
judicial officers available to provide temporary assistance to courts
in rural counties, under assignment by the chief justice. When
courts are unable to obtain temporary assistance, delay of both civil
trials and case settlements occur. The availability of an assigned
judge can substantially reduce these delays. The purpose of this
section is to make judicial assistance more available.
(b) The Judicial Council shall contract with up to 10 retired
judges who shall be available to be assigned up to 110 court days
each year by the Chairperson of the Judicial Council to courts in
counties that have requested these judges for purposes of reducing
delays in civil trials in those courts. If counties request more than
10 retired judges pursuant to this section, the Judicial Council
shall give priority in assigning the retired judges to counties with
fewer than 10 judges.
A judge under contract pursuant to this section shall serve as
assigned during the period of the contract and waives any right to
refuse assignment as otherwise provided by law. This section shall
not be construed to limit the authority of the Chief Justice to make
assignments to expedite judicial business and to equalize the
workload of judges.
(c) Notwithstanding Section 68543.5, each judge under contract
pursuant to this section shall receive one-half of the daily salary
of a superior court judge for each day of service, in addition to any
retirement benefits to which the judge may be entitled.
(d) The assigned judge's salary shall be paid by the state. A
retired judge under contract pursuant to this section shall be
allowed expenses for travel, board, and lodging incurred in the
discharge of each assignment. When assigned to sit in the county in
which he or she resides, the judge shall be allowed necessary and
reasonable expenses for travel and board incurred in the discharge of
the assignment. The expenses for travel, board, and lodging shall be
paid by the state under the rules adopted by the Department of
General Services that are applicable to officers of the state
provided for in Article VI of the California Constitution while
traveling on official state business.
SEC. 159. Section 68565 of the Government Code is amended to read:
68565. (a) The Judicial Council may establish a court
interpreters advisory panel to assist the council in performing its
duties under this article. The panel shall include a majority of
court interpreters and may include judges and court administrators,
members of the bar, and others interested in interpreter services in
the courts. The panel shall develop operating guidelines and
procedures for Judicial Council approval.
(b) The panel shall seek the advice of judges, attorneys, court
administrators, court interpreters, providers of legal services, and
individuals and organizations representing the interests of foreign
language users.
(c) Panel members shall receive no compensation for their services
but shall be allowed necessary expenses for travel, board, and
lodging incurred in the discharge of their duties under the rules
adopted by the Department of General Services.
SEC. 160. Section 1492 of the Health and Safety Code is amended to
read:
1492. A county hospital shall provide persons examined or treated
in connection with rape or other sexual assaults with information
regarding assistance which may be provided pursuant to Article 1
(commencing with Section 13959) of Chapter 5 of Part 4 of Division 3
of Title 2 of the Government Code, together with forms made available
by the California Victim Compensation Board for filing of claims
thereunder.
SEC. 161. Section 11502 of the Health and Safety Code is amended
to read:
11502. (a) All moneys, forfeited bail, or fines received by any
court under this division shall as soon as practicable after the
receipt thereof be deposited with the county treasurer of the county
in which the court is situated. Amounts so deposited shall be paid at
least once a month as follows: 75 percent to the State Treasurer by
warrant of the county auditor drawn upon the requisition of the clerk
or judge of the court to be deposited in the State Treasury on order
of the Controller; and 25 percent to the city treasurer of the city,
if the offense occurred in a city, otherwise to the treasurer of the
county in which the prosecution is conducted.
(b) Any money deposited in the State Treasury under this section
that is determined by the Controller to have been erroneously
deposited therein shall be refunded by him or her out of any moneys
in the State Treasury that are available by law for that purpose.
SEC. 162. Section 13052 of the Health and Safety Code is amended
to read:
13052. (a) The public entity rendering the service may present a
claim to the public entity liable therefor. If the claim is approved
by the head of the fire department, if any, in the public entity to
which the claim is presented, and by its governing body, it shall be
paid in the same manner as other charges and if the claim is not
paid, an action may be brought for its collection.
(b) Notwithstanding any other provision of this section, any
claims against the state shall be presented to the Department of
General Services in accordance with Part 3 (commencing with Section
900) and Part 4 (commencing with Section 940) of Division 3.6 of
Title 1 of the Government Code.
SEC. 163. Section 25370 of the Health and Safety Code is repealed.
SEC. 164. Section 25372 of the Health and Safety Code is amended
to read:
25372. Any person may apply to the Department of General Services
pursuant to Section 25373, for compensation of a loss caused by the
release, in California, of a hazardous substance if any of the
following conditions are met:
(a) The source of the release of the hazardous substance, or the
identity of the party liable for damages in connection therewith or
responsible for the costs of removal of the hazardous substance, is
unknown or cannot, with reasonable diligence, be determined.
(b) The loss was not compensable pursuant to law, including
Chapter 6.5 (commencing with Section 25100), because there is no
liable party or the judgment could not be satisfied, in whole or
part, against the party determined to be liable for the release of
the hazardous substance.
(c) The person has presented a written demand for compensation,
which sets forth the basis for the claim, to the party which the
person reasonably believes is liable for a loss specified in
paragraph (1) of subdivision (a) of Section 25375 which was incurred
by that person and is compensable pursuant to this article, the
person has presented the Department of General Services with a copy
of the demand, and, within 60 days after presenting the demand, the
party has either rejected, in whole or in part, the demand to be
compensated for a loss specified in paragraph (1) of subdivision (a)
of Section 25375, or has not responded to the demand. Only losses
specified in paragraph (1) of subdivision (a) of Section 25375 are
compensable under a claim filed pursuant to this subdivision.
SEC. 165. Section 25373 of the Health and Safety Code is amended
to read:
25373. The Department of General Services shall prescribe
appropriate forms and procedures for claims filed pursuant to this
article, which shall include, as a minimum, all of the following:
(a) A provision requiring the claimant to make a sworn
verification of the claim to the best of his or her knowledge.
(b) A full description, supported by appropriate evidence from
government agencies of the release of the hazardous substance claimed
to be the cause of the physical injury or illness or loss of income.
(c) Certification by the claimant of dates and places of
residence for the five years preceding the date of the claim.
(d) Certification of the medical history of the claimant for the
five years preceding the date of the claim, along with certification
of the alleged physical injury or illness and expenses for the
physical injury or illness. The certification shall be made by
hospitals, physicians, or other qualified medical authorities.
(e) The claimant's income as reported on the claimant's federal
income tax return for the preceding three years in order to compute
lost wages or income.
(f) Any person who knowingly gives, or causes to be given, any
false information as a part of any such claim shall be guilty of a
misdemeanor and shall, upon conviction, be fined up to five thousand
dollars ($5,000), or imprisoned for not more than one year, or both.
SEC. 166. Section 25374 of the Health and Safety Code is amended
to read:
25374. All decisions rendered by the Department of General
Services shall be in writing, with notification to all appropriate
parties, and shall be rendered within 90 days of submission of a
claim to the Department of General Services unless all the parties to
the claim agree in writing to an extension of time. The decision
shall be considered a final agency action for the purposes of
judicial review of the decision by any party to the proceedings
resulting in the decision.
SEC. 167. Section 25375 of the Health and Safety Code is amended
to read:
25375. (a) If the Department of General Services makes the
determination, specified in subdivision (b), that losses resulted
from the claimant's damages, injury, or disease, only the following
losses are compensable pursuant to this article:
(1) One hundred percent of uninsured, out-of-pocket medical
expenses, for up to three years from the onset of treatment.
(2) Eighty percent of any uninsured, actual lost wages, or
business income in lieu of wages, caused by injury to the claimant or
the claimant's property, not to exceed fifteen thousand dollars
($15,000) per year for three years.
(3) One hundred percent of uninsured, out-of-pocket expenses for
remedial action on the claimant's property undertaken to address a
release of a hazardous substance when all of the following apply:
(A) The claimant's property is an owner-occupied single-family
residence.
(B) The remedial action was ordered by federal, state, or local
authorities due to a release of a hazardous substance.
(C) The department makes one of the following determinations:
(i) The release of the hazardous substance originated outside the
boundaries of the property.
(ii) The release of the hazardous substance occurred on the
property, was the result of an action which violated state or federal
law, and the responsible party cannot be identified or cannot be
located, or a judgment against the responsible party cannot be
satisfied.
The maximum compensation under this paragraph is limited to
twenty-five thousand dollars ($25,000) per residence and to one
hundred thousand dollars ($100,000) for five contiguous residential
properties. Any compensation provided shall be reduced by the amount
that the remedial action results in a capital improvement to the
claimant's residence.
(4) One hundred percent of the fair market value of owner-occupied
real property that is rendered permanently unfit for occupancy
because of the release of a hazardous substance. For purposes of this
paragraph, real property is rendered permanently unfit for occupancy
only if a state or federal agency requires that it be evacuated for
a period of six or more months because of the release of a hazardous
substance. The fair market value of the real property shall be
determined by an independent appraiser, and shall be considered by
the independent appraiser as being equal to the value of the real
property prior to the release of the hazardous substance that caused
the evacuation of the property. Where compensation is made by the
Department of General Services pursuant to this paragraph, sole
ownership of the real property shall be transferred to the state and
any proceeds resulting from the final disposition of the real
property shall be deposited into the state account, for expenditure
by the department upon appropriation by the Legislature. To be
eligible for compensation pursuant to this paragraph, claims for
compensation shall be made within 12 months of the date on which the
evacuation was ordered.
(5) One hundred percent of the expenses incurred due to the
evacuation of a residence ordered by a state or federal agency. For
purposes of this paragraph, "evacuation expenses" include the cost of
shelter and any other emergency expenditures incurred due to an
evacuation ordered by a state or federal agency. The Department of
General Services may provide compensation, pursuant to this
paragraph, only if it finds that the evacuation expenses represent
reasonable costs for the goods or services purchased, and would not
have been incurred if an evacuation caused by a hazardous substance
release had not occurred. The Department of General Services may
provide compensation for these evacuation expenses only if they were
incurred within 12 months from the date on which evacuation was
ordered.
(b) A loss specified in subdivision (a) is compensable if the
Department of General Services makes all of the following findings,
based upon a preponderance of
the evidence:
(1) A release of a hazardous substance occurred.
(2) The claimant or the claimant's property was exposed to the
release of the hazardous substance.
(3) The exposure of the claimant to the release of the hazardous
substance was of such a duration, and to such a quantity of the
hazardous substance, that the exposure caused the damages, injury, or
disease which resulted in the claimant's loss.
(4) For purposes of paragraphs (4) and (5) of subdivision (a), the
hazardous substance release, or the order which resulted in the
claim for compensation occurred on or after January 1, 1986.
(5) The conditions and requirements of this article including, but
not limited to, the conditions of Sections 25372 and 25373, have
been met.
(c) No money shall be used for the payment of any claim authorized
by this chapter, where the claim is the result of long-term exposure
to ambient concentrations of air pollutants.
SEC. 168. Section 25375.5 of the Health and Safety Code is amended
to read:
25375.5. (a) Except as specified in subdivision (b), the
procedures specified in Article 8 (commencing with Section 11435.05)
of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and in Section
11513 of, the Government Code apply to the proceedings conducted by
the Department of General Services pursuant to this article.
(b) Notwithstanding subdivision (a), Sections 801, 802, 803, 804,
and 805 of the Evidence Code apply to the proceedings conducted by
the Department of General Services pursuant to this article.
(c) The Department of General Services may consider evidence
presented by any person against whom a demand was made pursuant to
subdivision (c) of Section 25372. The evidence presented by that
person shall become a part of the record upon which the Department of
General Services' decision shall be based.
SEC. 169. Section 25376 of the Health and Safety Code is amended
to read:
25376. No claim may be presented to the Department of General
Services pursuant to this article later than three years from the
date of discovery of the loss or from January 1, 1982, whichever is
later.
SEC. 170. Section 25377 of the Health and Safety Code is amended
to read:
25377. Nothing in this article shall require, or be deemed to
require, pursuit of any claim against the Department of General
Services as a condition precedent to any other remedy.
SEC. 171. Section 25379 of the Health and Safety Code is amended
to read:
25379. (a) The following evidence is not admissible as evidence
in any civil or criminal proceeding, including a subrogation action
by the state pursuant to Section 25380, to establish the liability of
any person for any damages alleged to have been caused by a release
of a hazardous substance:
(1) A final decision made by the Department of General Services
pursuant to this article.
(2) A decision made by the Department of General Services to admit
or not admit any evidence.
(3) Any finding of fact or conclusion of law entered by the
Department of General Services in a proceeding for a claim pursuant
to this article.
(4) The fact that any person has done any of the following in a
proceeding for a claim pursuant to Section 25372:
(A) Chosen to participate or appear.
(B) Chosen not to participate or appear.
(C) Failed to appear.
(D) Settled or offered to settle the claim.
(b) Subdivision (a) does not apply to any civil action or writ by
a claimant against the Department of General Services for any act,
decision, or failure to act on a claim submitted by the claimant.
SEC. 172. Section 25380 of the Health and Safety Code is amended
to read:
25380. Compensation of any loss pursuant to this article shall be
subject to the state's acquiring, by subrogation, all rights of the
claimant to recover the loss from the party determined to be liable
therefor. Upon the request of the Department of General Services, the
Attorney General shall commence an action in the name of the people
of the State of California to recover any amount paid in compensation
for any loss pursuant to this article against any party who is
liable to the claimant for any loss compensable pursuant to this
article in accordance with the procedures set forth in Sections 25360
to 25364, inclusive. Moneys recovered pursuant to this section shall
be deposited in the state account.
SEC. 173. Section 25381 of the Health and Safety Code is amended
to read:
25381. (a) The Department of General Services shall, in
consultation with the department, adopt, and revise when appropriate,
all rules and regulations necessary to implement this article,
including methods that provide for establishing that a claimant has
exercised reasonable diligence in satisfying the conditions specified
in Sections 25372, 25373, 25375, and 25375.5, and regulations that
specify the proof necessary to establish a loss compensable pursuant
to this article.
(b) Claims approved by the Department of General Services pursuant
to this article shall be paid from the state account.
(c) The Legislature may appropriate up to two million dollars
($2,000,000) annually from the state account to be used by the
Department of General Services for the payment of awards pursuant to
this article.
(d) Claims against or presented to the Department of General
Services shall not be paid in excess of the amount of money
appropriated for this purpose from the state account. These claims
shall be paid only when additional money is collected, appropriated,
or otherwise added to that account.
SEC. 174. Section 25382 of the Health and Safety Code is amended
to read:
25382. The Department of General Services may expend from the
state account those sums of money as are reasonably necessary to
administer and carry out this article.
SEC. 175. Section 121270 of the Health and Safety Code is amended
to read:
121270. (a) There is hereby created the AIDS Vaccine Victims
Compensation Fund.
(b) For the purposes of this section, the following definitions
apply:
(1) "AIDS vaccine" means a vaccine that (A) has been developed by
any manufacturer and (B) is approved by the FDA or the department
pursuant to Part 5 (commencing with Section 109875) of Division 104
as a safe and efficacious vaccine for the purpose of immunizing
against AIDS.
(2) "Damages for personal injuries" means the direct medical costs
for the care and treatment of injuries to any person, including a
person entitled to recover damages under Section 377 of the Code of
Civil Procedure, proximately caused by an AIDS vaccine, the loss of
earnings caused by the injuries, and the amount necessary, but not to
exceed five hundred fifty thousand dollars ($550,000), to compensate
for noneconomic losses, including pain and suffering caused by the
injuries.
(3) "Fund" means the AIDS Vaccine Victims Compensation Fund.
(c) The Department of General Services shall pay from the fund,
contingent entirely upon the availability of moneys as provided in
subdivision (o), damages for personal injuries caused by an AIDS
vaccine that is sold in or delivered in California, and administered
or dispersed in California to the injured person except that no
payment shall be made for any of the following:
(1) Damages for personal injuries caused by the vaccine to the
extent that they are attributable to the comparative negligence of
the person making the claim.
(2) Damages for personal injuries in any instance when the
manufacturer has been found to be liable for the injuries in a court
of law.
(3) Damages for personal injuries due to a vaccination
administered during a clinical trial.
(d) An application for payment of damages for personal injuries
shall be made on a form prescribed by the Department of General
Services within one year of the date that the injury and its cause
are discovered. This application may be required to be verified. Upon
receipt, the Department of General Services may require the
submission of additional information necessary to evaluate the claim.
(e) (1) Within 45 days of the receipt of the application and the
submission of any additional information, the Department of General
Services shall do either of the following:
(A) Allow the claim in whole or part.
(B) Disallow the claim.
(2) In those instances of unusual hardship to the victim, the
board may grant an emergency award to the injured person to cover
immediate needs upon agreement by the injured person to repay in the
event of a final determination denying the claim.
(3) If the claim is denied in whole or part, the victim may apply
within 60 days of denial for a hearing. The hearing shall be held
within 60 days of the request for a hearing unless the injured person
requests a later hearing.
(f) At the hearing, the injured person may be represented by
counsel and may present relevant evidence as defined in subdivision
(c) of Section 11513 of the Government Code. The Department of
General Services may consider additional evidence presented by its
staff. If the injured person declines to appear at the hearing, the
Department of General Services may act solely upon the application,
the staff report, and other evidence that appears on the record.
(g) The Department of General Services may delegate the hearing of
applications to hearing examiners.
(h) The decision of the Department of General Services shall be in
writing and shall be delivered or mailed to the injured person
within 30 days of the hearing. Upon the request by the applicant
within 30 days of delivery or mailing, the Department of General
Services may reconsider its decision.
(i) Judicial review of a decision shall be under Section 1094.5 of
the Code of Civil Procedure, and the court shall exercise its
independent judgment. A petition for review shall be filed as
follows:
(1) If no request for reconsideration is made, within 30 days of
personal delivery or mailing of the Department of General Services'
decision on the application.
(2) If a timely request for reconsideration is filed and rejected
by the Department of General Services, within 30 days of personal
delivery or mailing of the notice of rejection.
(3) If a timely request for reconsideration is filed and granted
by the Department of General Services, or reconsideration is ordered
by the Department of General Services, within 30 days of personal
delivery or mailing of the final decision on the reconsidered
application.
(j) The Department of General Services shall adopt regulations to
implement this section, including those governing discovery.
(k) The fund is subrogated to any right or claim that any injured
person may have who receives compensation pursuant to this section,
or any right or claim that the person's personal representative,
legal guardian, estate, or survivor may have, against any third party
who is liable for the personal injuries caused by the AIDS vaccine,
and the fund shall be entitled to indemnity from that third party.
The fund shall also be entitled to a lien on the judgment, award, or
settlement in the amount of any payments made to the injured person.
( l ) In the event that the injured person, or his or
her guardian, personal representative, estate, or survivors, or any
of them, bring an action for damages against the person or persons
liable for the injury or death giving rise to an award by the
Department of General Services under this section, notice of
institution of legal proceedings and notice of any settlement shall
be given to the Department of General Services in Sacramento except
in cases where the Department of General Services specifies that
notice shall be given to the Attorney General. All notices shall be
given by the attorney employed to bring the action for damages or by
the injured person, or his or her guardian, personal representative,
estate, or survivors, if no attorney is employed.
(m) This section is not intended to affect the right of any
individual to pursue claims against the fund and lawsuits against
manufacturers concurrently, except that the fund shall be entitled to
a lien on the judgment, award, or settlement in the amount of any
payments made to the injured party by the fund.
(n) There is hereby created the AIDS Vaccine Injury Compensation
Policy Review Task Force consisting of 14 members. The task force
shall be composed of 10 members appointed by the Governor, of which
two shall be from a list provided by the California Trial Lawyers
Association, one from the department, the Director of Finance, one
unspecified member, and one attorney with experience and expertise in
products liability and negligence defense work, two representing
recognized groups that represent victims of vaccine induced injuries
or AIDS victims, or both, and two representing manufacturers actively
engaged in developing an AIDS vaccine. In addition four Members of
the Legislature or their designees shall be appointed to the task
force, two of which shall be appointed by the Speaker of the Assembly
and two of which shall be appointed by the Senate Committee on
Rules. The chairperson of the task force shall be appointed by the
Governor from the membership of the task force. The task force shall
study and make recommendations on the legislative implementation of
the fund created by subdivision (a). These recommendations shall at
least address the following issues:
(1) The process by which victims are to be compensated through the
fund.
(2) The procedures by which the fund will operate and the
governance of the fund.
(3) The method by which manufacturers are to pay into the fund and
the amount of that payment.
(4) The procedural relationship between a potential victim's claim
through the fund and a court claim made against the manufacturer.
(5) Other issues deemed appropriate by the task force.
The task force shall make its recommendations to the Legislature
on or before June 30, 1987.
(o) The fund shall be funded wholly by a surcharge on the sale of
an AIDS vaccine, that has been approved by the FDA, or by the
department pursuant to Part 5 (commencing with Section 109875) of
Division 104, in California in an amount to be determined by the
department. The surcharge shall be levied on the sale of each unit of
the vaccine sold or delivered, administered, or dispensed in
California. The appropriate amount of the surcharge shall be studied
by the AIDS Vaccine Injury Compensation Policy Review Task Force,
which shall recommend the appropriate amount as part of its report,
with the amount of the surcharge not to exceed ten dollars ($10) per
unit of vaccine. Expenditures of the task force shall be made at the
discretion of the Director of Finance or the director's designee.
(p) For purposes of this section, claims against the fund are
contingent upon the existing resources of the fund as provided in
subdivision (o), and in no case shall the state be liable for any
claims in excess of the resources in the fund.
SEC. 176. Section 11580.1 of the Insurance Code is amended to
read:
11580.1. (a) No policy of automobile liability insurance
described in Section 16054 of the Vehicle Code covering liability
arising out of the ownership, maintenance, or use of any motor
vehicle shall be issued or delivered in this state on or after the
effective date of this section unless it contains the provisions set
forth in subdivision (b). However, none of the requirements of
subdivision (b) shall apply to the insurance afforded under the
policy (1) to the extent that the insurance exceeds the limits
specified in subdivision (a) of Section 16056 of the Vehicle Code, or
(2) if the policy contains an underlying insurance requirement, or
provides for a retained limit of self-insurance, equal to or greater
than the limits specified in subdivision (a) of Section 16056 of the
Vehicle Code.
(b) Every policy of automobile liability insurance to which
subdivision (a) applies shall contain all of the following
provisions:
(1) Coverage limits not less than the limits specified in
subdivision (a) of Section 16056 of the Vehicle Code.
(2) Designation by explicit description of, or appropriate
reference to, the motor vehicles or class of motor vehicles to which
coverage is specifically granted.
(3) Designation by explicit description of the purposes for which
coverage for those motor vehicles is specifically excluded.
(4) Provision affording insurance to the named insured with
respect to any owned or leased motor vehicle covered by the policy,
and to the same extent that insurance is afforded to the named
insured, to any other person using the motor vehicle, provided the
use is by the named insured or with his or her permission, express or
implied, and within the scope of that permission, except that: (A)
with regard to insurance afforded for the loading or unloading of the
motor vehicle, the insurance may be limited to apply only to the
named insured, a relative of the named insured who is a resident of
the named insured's household, a lessee or bailee of the motor
vehicle, or an employee of any of those persons; and (B) the
insurance afforded to any person other than the named insured need
not apply to: (i) any employee with respect to bodily injury
sustained by a fellow employee injured in the scope and course of his
or her employment, or (ii) any person, or to any agent or employee
thereof, employed or otherwise engaged in the business of selling,
repairing, servicing, delivering, testing, road-testing, parking, or
storing automobiles with respect to any accident arising out of the
maintenance or use of a motor vehicle in connection therewith. As
used in this chapter, "owned motor vehicle" includes all motor
vehicles described and rated in the policy.
(c) In addition to any exclusion provided in paragraph (3) of
subdivision (b), the insurance afforded by any policy of automobile
liability insurance to which subdivision (a) applies, including the
insurer's obligation to defend, may, by appropriate policy provision,
be made inapplicable to any or all of the following:
(1) Liability assumed by the insured under contract.
(2) Liability for bodily injury or property damage caused
intentionally by or at the direction of the insured.
(3) Liability imposed upon or assumed by the insured under any
workers' compensation law.
(4) Liability for bodily injury to any employee of the insured
arising out of and in the course of his or her employment.
(5) Liability for bodily injury to an insured or liability for
bodily injury to an insured whenever the ultimate benefits of that
indemnification accrue directly or indirectly to an insured.
(6) Liability for damage to property owned, rented to, transported
by, or in the charge of, an insured. A motor vehicle operated by an
insured shall be considered to be property in the charge of an
insured.
(7) Liability for any bodily injury or property damage with
respect to which insurance is or can be afforded under a nuclear
energy liability policy.
(8) Any motor vehicle or class of motor vehicles, as described or
designated in the policy, with respect to which coverage is
explicitly excluded, in whole or in part.
"The insured" as used in paragraphs (1), (2), (3), and (4) shall
mean only that insured under the policy against whom the particular
claim is made or suit brought. "An insured" as used in paragraphs (5)
and (6) shall mean any insured under the policy including those
persons who would have otherwise been included within the policy's
definition of an insured but, by agreement, are subject to the
limitations of paragraph (1) of subdivision (d).
(d) Notwithstanding paragraph (4) of subdivision (b), or Article 2
(commencing with Section 16450) of Chapter 3 of Division 7 of, or
Article 2 (commencing with Section 17150) of Chapter 1 of Division 9
of, the Vehicle Code, the insurer and any named insured may, by the
terms of any policy of automobile liability insurance to which
subdivision (a) applies, or by a separate writing relating thereto,
agree as to either or both of the following limitations, the
agreement to be binding upon every insured to whom the policy applies
and upon every third-party claimant:
(1) That coverage and the insurer's obligation to defend under the
policy shall not apply nor accrue to the benefit of any insured or
any third-party claimant while any motor vehicle is being used or
operated by a natural person or persons designated by name. These
limitations shall apply to any use or operation of a motor vehicle,
including the negligent or alleged negligent entrustment of a motor
vehicle to that designated person or persons. This agreement applies
to all coverage provided by that policy and is sufficient to comply
with the requirements of paragraph (2) of subdivision (a) of Section
11580.2 to delete coverage when a motor vehicle is operated by a
natural person or persons designated by name. The insurer shall have
an obligation to defend the named insured when all of the following
apply to that designated natural person:
(A) He or she is a resident of the same household as the named
insured.
(B) As a result of operating the insured motor vehicle of the
named insured, he or she is jointly sued with the named insured.
(C) He or she is an insured under a separate automobile liability
insurance policy issued to him or her as a named insured, which
policy does not provide a defense to the named insured.
An agreement made by the insurer and any named insured more than
60 days following the inception of the policy excluding a designated
person by name shall be effective from the date of the agreement and
shall, with the signature of a named insured, be conclusive evidence
of the validity of the agreement.
That agreement shall remain in force as long as the policy remains
in force, and shall apply to any continuation, renewal, or
replacement of the policy by the named insured, or reinstatement of
the policy within 30 days of any lapse thereof.
(2) That with regard to a policy issued to a named insured engaged
in the business of leasing vehicles for those vehicles that are
leased for a term in excess of six months, or selling, repairing,
servicing, delivering, testing, road-testing, parking, or storing
automobiles, coverage shall not apply to any person other than the
named insured or his or her agent or employee, except to the extent
that the limits of liability of any other valid and collectible
insurance available to that person are not equal to the limits of
liability specified in subdivision (a) of Section 16056 of the
Vehicle Code. If the policy is issued to a named insured engaged in
the business of leasing vehicles, which business includes the lease
of vehicles for a term in excess of six months, and the lessor
includes in the lease automobile liability insurance, the terms and
limits of which are not otherwise specified in the lease, the named
insured shall incorporate a provision in each vehicle lease contract
advising the lessee of the provisions of this subdivision and the
fact that this limitation is applicable except as otherwise provided
for by statute or federal law.
(e) Nothing in this section or in Section 16054 or 16450 of the
Vehicle Code shall be construed to constitute a homeowner's policy,
personal and residence liability policy, personal and farm liability
policy, general liability policy, comprehensive personal liability
policy, manufacturers' and contractors' policy, premises liability
policy, special multiperil policy, or any policy or endorsement where
automobile liability coverage is offered as incidental to some other
basic coverage as an "automobile liability policy" within the
meaning of Section 16054 of the Vehicle Code, or as a "motor vehicle
liability policy" within the meaning of Section 16450 of the Vehicle
Code, nor shall this section apply to a policy that provides
insurance covering liability arising out of the ownership,
maintenance, or use of any motor vehicle in the Republic of Mexico
issued or delivered in this state by a nonadmitted Mexican insurer,
notwithstanding that the policy may provide automobile or motor
vehicle liability coverage on insured premises or the ways
immediately adjoining.
(f) (1) On and after January 1, 1976, no policy of automobile
liability insurance described in subdivision (a) shall be issued,
amended, or renewed in this state if it contains any provision that
expressly or impliedly excludes from coverage under the policy the
operation or use of an insured motor vehicle by the named insured in
the performance of volunteer services for a nonprofit charitable
organization or governmental agency by providing social service
transportation. This subdivision shall not apply in any case in which
the named insured receives any remuneration of any kind other than
reimbursement for actual mileage driven in the performance of those
services at a rate not to exceed the following:
(A) For the 1980-81 fiscal year, the maximum rate authorized by
the California Victim Compensation and Government Claims Board shall
also be known as the "base rate."
(B) For each fiscal year thereafter, the greater of either (A) the
maximum rate authorized by the Department of General Services or (B)
the base rate as adjusted by the California Consumer Price Index.
(2) No policy of insurance issued under this section may be
canceled by an insurer solely for the reason that the named insured
is performing volunteer services for a nonprofit charitable
organization or governmental agency consisting of providing social
service transportation.
(3) For the purposes of this section, "social service
transportation" means transportation services provided by private
nonprofit organizations or individuals to either individuals who are
senior citizens or individuals or groups of individuals who have
special transportation needs because of physical or mental conditions
and supported in whole or in part by funding from private or public
agencies.
(g) Notwithstanding paragraph (4) of subdivision (b), or Article 2
(commencing with Section 16450) of Chapter 3 of Division 7 of, or
Article 2 (commencing with Section 17150) of Chapter 1 of Division 9
of, the Vehicle Code, a Mexican nonadmitted insurer and any named
insured may, by the terms of any policy of automobile insurance for
use solely in the Republic of Mexico to which subdivision (a)
applies, or by a separate writing relating thereto, agree to the
limitation that coverage under that policy shall not apply to any
person riding in or occupying a vehicle owned by the insured or
driven by another person with the permission of the insured. The
agreement shall be binding upon every insured to whom the policy
applies and upon any third-party claimant.
(h) No policy of automobile insurance that provides insurance
covering liability arising out of the ownership, maintenance, or use
of any motor vehicle solely in the Republic of Mexico issued by a
nonadmitted Mexican insurance company, shall be subject to, or
provide coverage for, those coverages provided in Section 11580.2.
SEC. 177. Section 11872 of the Insurance Code is amended to read:
11872. The fund may annually enter into agreements with state
agencies for service to be rendered to the fund. These state agencies
include, but shall not be limited to: the Department of Finance,
Department of General Services, State Personnel Board, and the Public
Employees' Retirement System. If these agencies and the fund cannot
agree upon the cost of services provided by the agreements, the
Department of General Services shall be requested to arrive at an
equitable settlement.
SEC. 178. Section 1308.10 of the Labor Code is amended to read:
1308.10. (a) Prior to the employment of a minor under the age of
16 years in any of the circumstances listed in subdivision (a) of
Section 1308.5, the Labor Commissioner may issue a temporary permit
authorizing employment of the minor to enable a parent or guardian of
the minor to meet the requirement for a permit under subdivision (a)
of Section 1308.5 and to establish a trust account for the minor or
to produce the documentation required by the Labor Commissioner for
the issuance of a permit under Section 1308.5, subject to all of the
following conditions:
(1) A temporary permit shall be valid for a period not to exceed
10 days from the date of issuance.
(2) A temporary permit shall not be issued for the employment of a
minor if the minor's parent or guardian has previously applied for
or been issued a permit by the Labor Commissioner pursuant to Section
1308.5 or a temporary permit pursuant to this section for employment
of the minor.
(3) For infants who are subject to the requirements of Section
1308.8, a temporary permit shall not be issued before the
requirements of that section are met.
(4) The Division of Labor Standards Enforcement shall prepare and
make available on its Internet Web site the application form for a
temporary permit. An applicant for a temporary permit shall submit a
completed application and application fee online to the division.
Upon receipt of the completed application and fee, the division shall
immediately issue a temporary permit.
(b) The Labor Commissioner shall set forth the fee in an amount
sufficient to pay for the costs of administering the online temporary
minor's entertainment work permit program, but not to exceed fifty
dollars ($50).
SEC. 179. Section 1308.11 is added to the Labor Code, to read:
1308.11. (a) All registrations, fees, and permit fees collected
under this article shall be deposited in the Labor Enforcement and
Compliance Fund.
(b) On the effective date of this section, any moneys in the
Entertainment Work Permit Fund and any assets, liabilities, revenues,
expenditures, and encumbrances of that fund shall be transferred to
the Labor Enforcement and Compliance Fund.
SEC. 180. Section 1684 of the Labor Code is amended to read:
1684. (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
(1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
(A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.
(B) The names and addresses of all persons, except bona fide
employees on stated salaries, financially interested, either as
partners, associates, or profit sharers, in the proposed operation as
a farm labor contractor, together with the amount of their
respective interests.
(C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service.
(D) The names and addresses of all persons who in the previous
calendar year performed any services described in subdivision (b) of
Section 1682 within the scope of his or her employment by the
licensee on whose behalf he or she was acting, unless the person was
employed as an independent contractor.
(2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
(3) (A) The person has deposited with the Labor Commissioner a
surety bond in an amount based on the size of the person's annual
payroll for all employees, as follows:
(i) For payrolls up to five hundred thousand dollars ($500,000), a
twenty-five-thousand-dollar ($25,000) bond.
(ii) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
bond.
(iii) For payrolls greater than two million dollars ($2,000,000),
a seventy-five-thousand-dollar ($75,000) bond.
(B) For purposes of this paragraph, the Labor Commissioner shall
require documentation of the size of the person's annual payroll,
which may include, but is not limited to, information provided by the
person to the Employment Development Department, the Franchise Tax
Board, the Division of Workers' Compensation, the insurer providing
the licensee's workers' compensation insurance, or the Internal
Revenue Service.
(C) If the contractor has been the subject of a final judgment in
a year in an amount equal to or greater than the amount of the bond
required, he or she shall be required to deposit an additional bond
within 60 days.
(D) All bonds required under this chapter shall be payable to the
people of the State of California and shall be conditioned upon the
farm labor contractor's compliance with all the terms and provisions
of this chapter and subdivisions (j) and (k) of Section 12940 of, and
Sections 12950 and 12950.1 of, the Government Code, and payment of
all damages occasioned to any person by failure to do so, or by any
violation of this chapter or of subdivision (j) or (k) of Section
12940 of, or of Section 12950 or 12950.1 of, the Government Code, or
any violation of Title VII of the Civil Rights Act of 1964 (Public
Law 88-352), or false statements or misrepresentations made in the
procurement of the license. The bond shall also be payable for
interest on wages and for any damages arising from violation of
orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code or of subdivision (j) or (k) of Section 12940
of, or Section 12950 or 12950.1 of, the Government Code, or any
violation of Title VII of the Civil Rights Act of 1964 (Public Law
88-352).
(4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, when a timely application for renewal is filed, the
ten-dollar ($10) filing fee is not required. The license fee shall
increase by one hundred dollars ($100), to six hundred dollars
($600), on January 1, 2015. The amount attributable to this increase
shall be expended by the Labor Commissioner to fund the Farm Labor
Contractor Enforcement Unit and the Farm Labor Contractor License
Verification Unit. The Labor Commissioner shall deposit one hundred
fifty dollars ($150) of each licensee's annual license fee into the
Farmworker Remedial Account. Funds from this account shall be
disbursed by the Labor Commissioner only to persons determined by the
Labor Commissioner to have been damaged by any licensee if the
damage exceeds the amount of the licensee's bond or the surety fails
to pay the full amount of the licensee's bond, or to persons
determined by the Labor Commissioner to have been damaged by an
unlicensed farm labor contractor. In making these determinations, the
Labor Commissioner shall disburse funds from the Farmworker Remedial
Account to satisfy claims against farm labor contractors or
unlicensed farm labor contractors, which shall also include interest
on wages and any damages arising from the violation of orders of the
Industrial Welfare Commission, for any other monetary relief awarded
to an agricultural worker as a result of a violation of this code,
and for all damages arising from any violation of subdivision (j) or
(k) of Section 12940 of, or of Section 12950 or 12950.1 of, the
Government Code, or any violation of Title VII of the Civil Rights
Act of 1964 (Public Law 88-352). The Labor Commissioner may disburse
funds from the Farmworker Remedial Account to farm labor contractors,
for payment of farmworkers, when a contractor is unable to pay
farmworkers due to the failure of a grower or packer to pay the
contractor. Any disbursed funds subsequently recovered by the Labor
Commissioner pursuant to Section 1693, or otherwise, shall be
returned to the Farmworker Remedial Account.
(5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the public, including the identification
and prevention of sexual harassment in the workplace. To successfully
complete the examinations, the person must correctly answer at least
85 percent of the questions posed. The examination period shall not
exceed four hours. The examination may only be taken a maximum of
three times in a calendar year. The examinations shall include a
demonstration of knowledge of the current laws and regulations
regarding wages, hours, and working conditions, penalties, employee
housing and transportation, collective bargaining, field sanitation,
and safe work practices related to pesticide use, including all of
the following subjects:
(A) Field reentry regulations.
(B) Worker pesticide safety training.
(C) Employer responsibility for safe working conditions.
(D) Symptoms and appropriate treatment of pesticide poisoning.
(6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
pursuant to federal law, and that information is provided by the
person to the Labor Commissioner.
(7) Each of the person's employees has registered as a farm labor
contractor employee pursuant to the federal Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.) if
that registration is required pursuant to federal law, and that
information is provided by the person to the Labor Commissioner.
(8) (A) The person has executed a written statement, that has been
provided to the Labor Commissioner, attesting that the person's
supervisorial employees, including any supervisor, crewleader,
mayordomo, foreperson, or other employee whose duties include the
supervision, direction, or control of agricultural employees, have
been trained at least once for at least two hours each calendar year
in the prevention of sexual harassment in the workplace, and that all
new nonsupervisorial employees, including agricultural employees,
have been trained at the time of hire, and that all nonsupervisorial
employees, including agricultural employees, have been trained at
least once every two years in identifying, preventing, and reporting
sexual harassment in the workplace.
(B) Sexual harassment prevention training shall consist of
training administered by a licensee or appropriate designee of the
licensee.
(C) Sexual harassment prevention training shall include, at a
minimum, components of the following as consistent with Section 12950
of the Government Code:
(i) The illegality of sexual harassment.
(ii) The definition of sexual harassment under applicable state
and federal law.
(iii) A description of sexual harassment, utilizing examples.
(iv) The internal complaint process of the employer available to
the employee.
(v) The legal remedies and complaint process available through the
Department of Fair Employment and Housing.
(vi) Directions for how to contact the Department of Fair
Employment and Housing.
(vii) The protection against retaliation provided under current
law.
(D) The trainer may use the text of the Department of Fair
Employment and Housing's pamphlet DFEH-185, "Sexual Harassment" as a
guide to training, or may use other written material or other
training resources covering the information required in subparagraph
(C).
(E) At the conclusion of the training, the trainer shall provide
the employee with a copy of the Department of Fair Employment and
Housing's pamphlet DFEH-185, and a record of the training on a form
provided by the Labor Commissioner that includes the name of the
trainer and the date of the training.
(F) The licensee shall keep a record with the names of all
employees who have received sexual harassment training for a period
of three years.
(b) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department, the Department of Fair Employment
and Housing, the Department of Food and Agriculture, the Department
of Motor Vehicles, and the Division of Occupational Safety and Health
in preparing the examination required by paragraph (5) of
subdivision (a) and the appropriate educational materials pertaining
to the matters included in the examination, and may charge a fee of
not more than two hundred dollars ($200) to cover the cost of
administration of the examination.
(c) The person shall also enroll and participate in at least nine
hours of relevant educational classes each year. The classes shall
include at least one hour of sexual harassment prevention training.
The classes shall be chosen from a list of approved classes prepared
by the Labor Commissioner, in consultation with the persons and
entities listed in subdivision (b) and county agricultural
commissioners.
(d) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
(1) Has satisfactorily completed the examination during the
immediately preceding two years.
(2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the Food
and Agricultural Code, subdivisions (j) and (k) of Section 12940 of,
and Section 12950 or 12950.1 of, the Government Code, Part 1
(commencing with Section 17000) of Division 13 of the Health and
Safety Code, Division 2 (commencing with Section 200), Division 4
(commencing with Section 3200), and Division 5 (commencing with
Section 6300) of this code, and Chapter 1 (commencing with Section
12500) of Division 6 of the Vehicle Code.
(3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
(4) Has complied with all other requirements of this section.
SEC. 181. Section 1698 of the Labor Code is amended to read:
1698. All fines collected for violations of this chapter shall be
paid into the Farmworker Remedial Account and shall be available,
upon appropriation, for purposes of this chapter. Of the moneys
collected for licenses issued pursuant to this chapter, one hundred
fifty dollars ($150) of each annual license fee shall be deposited in
the Farmworker Remedial Account pursuant to paragraph (4) of
subdivision (a) of Section 1684, three hundred fifty dollars ($350)
of each annual license fee shall be expended by the Labor
Commissioner to fund the Farm Labor Contractor Enforcement Unit and
the Farm Labor Contractor License Verification Unit, both within the
department, and the remaining money shall be paid into the Labor
Enforcement and Compliance Fund.
SEC. 182. Section 1700.18 of the Labor Code is amended to read:
1700.18. (a) All moneys collected for filing fees and licenses
under this chapter shall be paid into the State Treasury and credited
to the Labor Enforcement and Compliance Fund.
(b) All fines collected for violations of this chapter shall be
paid into the State Treasury and credited to the General Fund.
SEC. 183. Section 1706 of the Labor Code is amended to read:
1706. (a) (1) No person shall represent or provide specified
services to any artist who is a minor, under 18 years of age, without
first submitting an application to the Labor Commissioner for a
Child Performer Services Permit and receiving that permit.
(2) The Labor Commissioner shall set forth a filing fee, to be
paid by the applicant to the commissioner at the time the application
is filed, in an amount sufficient to reimburse the Labor
Commissioner for the costs of the permit program. This amount shall
be in addition to any charge imposed by the Labor Commissioner
pursuant to paragraph (3) of subdivision (c).
(3) (A) The Labor Commissioner shall issue a Child Performer
Services Permit to the applicant after he or she has received the
application and filing fee and determined from information provided
by the Department of Justice that the person is not required to
register pursuant to Sections 290 to 290.006, inclusive, of the Penal
Code.
(B) After receiving his or her first Child Performer Services
Permit, a person shall on a biennial basis renew his or her
application by resubmitting his or her name and a new filing fee to
the Labor Commissioner in the amount set forth by the Labor
Commissioner pursuant to paragraph (2). The Labor Commissioner shall
issue a renewed permit to the person after receiving his or her
application and filing fee and determining from the subsequent arrest
notification provided by the Department of Justice pursuant to
subparagraph (D) of paragraph (2) of subdivision (c) that the person
is not required to register pursuant to Sections 290 to 290.006,
inclusive, of the Penal Code. A person shall not be required to
resubmit his or her fingerprints in order to renew his or her permit.
(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
inclusive, when applied to a violation of subdivision (f), this
chapter does not apply to the following:
(1) A person licensed as a talent agent as specified in Chapter 4
(commencing with Section 1700), or operating under the license of a
talent agent.
(2) A studio teacher certified by the Labor Commissioner as
defined in Section 11755 of Title 8 of the California Code of
Regulations.
(3) A person whose contact with minor children is restricted to
locations where, either by law or regulation, the minor must be
accompanied at all times by a parent or guardian, and the parent or
guardian must be within sight or sound of the minor.
(4) A person who has only incidental and occasional contact with
minor children, unless the person works directly with minor children,
has supervision or disciplinary power over minor children, or
receives a fee.
(c) (1) Each person required to submit an application to the Labor
Commissioner pursuant to paragraph (1) of subdivision (a) shall
provide to the Department of Justice electronic fingerprint images
and related information required by the department of all permit
applicants, for the purposes of obtaining information as to the
existence and content of a record of state or federal arrests and
convictions, including arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.
(2) (A) When received, the Department of Justice shall forward the
fingerprint images and related information described in paragraph
(1) to the Federal Bureau of Investigation and request a federal
summary for criminal history information.
(B) (i) The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the Labor Commissioner.
(ii) The Department of Justice's response shall provide both state
and federal criminal history information pursuant to paragraph (1)
of subdivision (p) of Section 11105 of the Penal Code.
(C) The Labor Commissioner shall request from the Department of
Justice subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code, for each person who submitted
fingerprint images and the related information pursuant to paragraph
(1).
(3) (A) The Department of Justice shall charge the Labor
Commissioner a fee sufficient to cover the cost of processing the
request described in paragraph (2).
(B) In addition to the filing fee paid by the applicant pursuant
to subdivision (a) to reimburse the Labor Commissioner for the costs
of the permit program, the Labor Commissioner may charge the
applicant a fee sufficient to cover the costs of the fee imposed by
the Department of Justice pursuant to subparagraph (A). The amount of
the fee imposed pursuant to this subparagraph shall be forwarded by
the Labor Commissioner to the Department of Justice with the
applicant's name, fingerprints, and other information described in
paragraph (1). This fee shall be available to the Department of
Justice for the purposes described in subparagraph (A), upon
appropriation by the Legislature.
(4) Upon receipt of information from the Department of Justice
provided pursuant to subparagraphs (C) and (D) of paragraph (2), the
commissioner shall timely cause a copy of the information to be sent
to the person who has submitted the application, and shall keep a
copy of the information and application on file.
(d) The Labor Commissioner shall maintain a list of all persons
holding a valid Child Performer Services Permit issued under this
chapter and make this list publicly available on its Internet Web
site.
(e) (1) Upon receipt of a valid Child Performer Services Permit,
the recipient shall post the permit in a conspicuous place in his or
her place of business.
(2) Any person who is a recipient of a valid Child Performer
Services Permit shall include the permit number on advertising in
print or electronic media, including, but not limited to, Internet
Web sites, or in any other medium of advertising.
(f) No person, including a person described in subdivision (b),
who is required to register pursuant to Sections 290 to 290.006,
inclusive, of the Penal Code may represent or provide specified
services to any artist who is a minor.
(g) For purposes of this section, the following terms have the
following meanings:
(1) "Artist" means a person who is or seeks to become an actor,
actress, model, extra, radio artist, musical artist, musical
organization, director, musical director, writer, cinematographer,
composer, lyricist, arranger, or other person rendering professional
services in motion picture, theatrical, radio, television, Internet,
print media, or other entertainment enterprises or technologies.
(2) Except as used in the context of a fee an applicant is
required to pay with his or her application, "fee" means any money or
other valuable consideration paid or promised to be paid by an
artist, by an individual on behalf of an artist, or by a corporation
formed on behalf of an artist for services rendered or to be rendered
by any person conducting the business of representing artists.
(3) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.
(4) To "represent or provide specified services to" means to
provide, offer to provide, or advertise or represent as providing,
for a fee one or more of the following services:
(A) Photography for use as an artist, including, but not limited
to, still photography, digital photography, and video and film
services.
(B) Managing or directing the development or advancement of the
artist's career as an artist.
(C) Career counseling, career consulting, vocational guidance,
aptitude testing, evaluation, or planning, in each case relating to
the preparation of the artist for employment as an artist.
(D) Public relations services or publicity, or both, including
arranging personal appearances, developing and distributing press
packets, managing fan mail, designing and maintaining Internet Web
sites, and consulting on media relations.
(E) Instruction, evaluation, lessons, coaching, seminars,
workshops, or similar training as an artist, including, but not
limited to, acting, singing, dance, voice, or similar instruction
services.
(F) A camp for artists, which includes, but is not limited to, a
day camp or overnight camp in which any portion of the camp includes
any services described in subparagraphs (A) to (E), inclusive.
(h) (1) The Labor Commissioner shall deposit all filing fees
described in subdivision (a) into the Labor Enforcement and
Compliance Fund to pay for the costs of administering the Child
Performer Services Permit program.
(2) On the effective date of the statute adding this subdivision,
any moneys in the Child Performer Services Permit Fund and any
assets, liabilities, revenues, expenditures, and encumbrances of that
fund shall be transferred to the Labor Enforcement and Compliance
Fund.
SEC. 184. Section 1720.9 of the Labor Code is amended to read:
1720.9. (a) For the limited purposes of Article 2 (commencing
with Section 1770), "public works" also means the hauling and
delivery of ready-mixed concrete to carry out a public works
contract, with respect to contracts involving any state agency,
including the California State University and the University of
California, or any political subdivision of the state.
(b) For purposes of this section, "ready-mixed concrete" means
concrete that is manufactured in a factory or a batching plant,
according to a set recipe, and then delivered in a liquefied state by
mixer truck for immediate incorporation into a project.
(c) For purposes of this section, the "hauling and delivery of
ready-mixed concrete to carry out a public works contract" means the
job duties for a ready mixer driver that are used by the director in
determining wage rates pursuant to Section 1773, and includes
receiving the concrete at the factory or batching plant and the
return trip to the factory or batching plant.
(d) For purposes of this section, the applicable prevailing wage
rate shall be the current prevailing wage, as determined by the
director, for the geographic area in which the factory or batching
plant is located.
(e) The entity hauling or delivering ready-mixed concrete to carry
out a public works contract shall enter into a written subcontract
agreement with the party that engaged the entity to supply the
ready-mixed concrete. The written agreement shall require compliance
with the requirements of this chapter. The entity hauling or
delivering ready-mixed concrete shall be considered a subcontractor
solely for the purposes of this chapter. Nothing in this section
shall cause any entity to be treated as a contractor or subcontractor
for any purpose other than the application of this chapter.
(f) The entity hauling or delivering ready-mixed concrete to carry
out a public works contract shall submit a certified copy of the
payroll records required by subdivision (a) of Section 1776 to the
party that engaged the entity and to the general contractor within
five working days after the employee has been paid, accompanied by a
written time record that shall be certified by each driver for the
performance of job duties in subdivision (c).
(g) This section shall not apply to public works contracts that
are advertised for bid or awarded prior to July 1, 2016.
SEC. 185. Section 2059 of the Labor Code is amended to read:
2059. (a) (1) The commissioner shall collect from employers a
registration fee for each branch location, and, except as provided in
paragraph (2), may periodically adjust the registration fee, in an
amount sufficient to fund all direct and indirect costs to administer
and enforce this part.
(2) The fee established pursuant to paragraph (1) shall not be
increased unless the published fund balance is projected to fall
below 25 percent of annual expenditures.
(b) In addition to the fee in subdivision (a), each employer shall
be assessed an annual fee in an amount equivalent to 20 percent of
the registration fee collected pursuant to subdivision (a) for each
branch location that shall be deposited in the Car Wash Worker
Restitution Fund.
SEC. 186. Section 2065 of the Labor Code is amended to read:
2065. (a) The Car Wash Worker Restitution Fund is established in
the State Treasury.
(1) The following moneys shall be deposited into this fund:
(A) The annual fee required pursuant to subdivision (b) of Section
2059.
(B) Fifty percent of the fines collected pursuant to Section 2064.
(C) Pursuant to subdivision (b) of Section 2059, an amount equal
to 20 percent of the initial registration fee required pursuant to
subdivision (a) of Section 2059.
(2) Upon appropriation by the Legislature, the moneys in the fund
shall be disbursed by the commissioner only to persons determined by
the commissioner to have been damaged by the failure to pay wages and
penalties and other related damages by any employer, to ensure the
payment of wages and penalties and other related damages. Any
disbursed funds subsequently recovered by the commissioner shall be
returned to the fund.
(b) The Car Wash Worker Fund is established in the State Treasury.
(1) The following moneys shall be deposited into this fund:
(A) Fifty percent of the fines collected pursuant to Section 2064.
(B) The initial registration fee required pursuant to subdivision
(a) of Section 2059, less the amount specified in subparagraph (C) of
paragraph (1) of subdivision (a).
(2) Upon appropriation by the Legislature, the moneys in this fund
shall be applied to all direct and indirect costs incurred by the
commissioner in administering this part and all direct and indirect
costs of enforcement and investigation of the car washing and
polishing industry.
(c) The Department of Industrial Relations may establish by
regulation those procedures necessary to carry out this section.
SEC. 187. Section 2658 of the Labor Code is amended to read:
2658. (a) A person shall not employ an industrial homeworker in
any industry not prohibited by Section 2651 unless the person
employing an industrial homeworker has obtained a valid industrial
homework license from the division.
(b) Application for a license to employ industrial homeworkers
shall be made to the division in a form as the division may by
regulation prescribe. A license fee of one hundred dollars ($100) for
each industrial homeworker employed shall be paid to the division
and the license shall be valid for a period of one year from the date
of issuance unless sooner revoked or suspended.
(c) Renewal fees shall be at the same rate and conditions as the
original license.
(d) The division may revoke or suspend the license upon a finding
that the person has violated this part or has failed to comply with
the regulations of the division or with the license. The industrial
homework license shall not be transferable.
(e) All license and permit fees received under this part shall be
paid into the Labor Enforcement and Compliance Fund.
SEC. 188. It is the intent of the Legislature that the Labor and
Workforce Development Agency shall continue to assign the duties
prescribed in the Labor Code Private Attorneys General Act of 2004
(Part 13 (commencing with Section 2698) of Division 2 of the Labor
Code) to the departments, divisions, commissions, boards, or agencies
where those duties are customarily performed.
SEC. 189. Section 2699 of the Labor Code is amended to read:
2699. (a) Notwithstanding any other provision of law, any
provision of this code that provides for a civil penalty to be
assessed and collected by the Labor and Workforce Development Agency
or any of its departments, divisions, commissions, boards, agencies,
or employees, for a violation of this code, may, as an alternative,
be recovered through a civil action brought by an aggrieved employee
on behalf of himself or herself and other current or former employees
pursuant to the procedures specified in Section 2699.3.
(b) For purposes of this part, "person" has the same meaning as
defined in Section 18.
(c) For purposes of this part, "aggrieved employee" means any
person who was employed by the alleged violator and against whom one
or more of the alleged violations was committed.
(d) For purposes of this part, "cure" means that the employer
abates each violation alleged by any aggrieved employee, the employer
is in compliance with the underlying statutes as specified in the
notice required by this part, and any aggrieved employee is made
whole. A violation of paragraph (6) or (8) of subdivision (a) of
Section 226 shall only be considered cured upon a showing that the
employer has provided a fully compliant, itemized wage statement to
each aggrieved employee for each pay period for the three-year period
prior to the date of the written notice sent pursuant to paragraph
(1) of subdivision (c) of Section 2699.3.
(e) (1) For purposes of this part, whenever the Labor and
Workforce Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, has discretion to assess
a civil penalty, a court is authorized to exercise the same
discretion, subject to the same limitations and conditions, to assess
a civil penalty.
(2) In any action by an aggrieved employee seeking recovery of a
civil penalty available under subdivision (a) or (f), a court may
award a lesser amount than the maximum civil penalty amount specified
by this part if, based on the facts and circumstances of the
particular case, to do otherwise would result in an award that is
unjust, arbitrary and oppressive, or confiscatory.
(f) For all provisions of this code except those for which a civil
penalty is specifically provided, there is established a civil
penalty for a violation of these provisions, as follows:
(1) If, at the time of the alleged violation, the person does not
employ one or more employees, the civil penalty is five hundred
dollars ($500).
(2) If, at the time of the alleged violation, the person employs
one or more employees, the civil penalty is one hundred dollars
($100) for each aggrieved employee per pay period for the initial
violation and two hundred dollars ($200) for each aggrieved employee
per pay period for each subsequent violation.
(3) If the alleged violation is a failure to act by the Labor and
Workplace Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, there shall be no civil
penalty.
(g) (1) Except as provided in paragraph (2), an aggrieved employee
may recover the civil penalty described in subdivision (f) in a
civil action pursuant to the procedures specified in Section 2699.3
filed on behalf of himself or herself and other current or former
employees against whom one or more of the alleged violations was
committed. Any employee who prevails in any action shall be entitled
to an award of reasonable attorney's fees and costs, including any
filing fee paid pursuant to subparagraph (B) of paragraph (1) of
subdivision (a) or subparagraph (B) of paragraph (1) of subdivision
(c) of Section 2699.3. Nothing in this part shall operate to limit an
employee's right to pursue or recover other remedies available under
state or federal law, either separately or concurrently with an
action taken under this part.
(2) No action shall be brought under this part for any violation
of a posting, notice, agency reporting, or filing requirement of this
code, except where the filing or reporting requirement involves
mandatory payroll or workplace injury reporting.
(h) No action may be brought under this section by an aggrieved
employee if the agency or any of its departments, divisions,
commissions, boards, agencies, or employees, on the same facts and
theories, cites a person within the timeframes set forth in Section
2699.3 for a violation of the same section or sections of the Labor
Code under which the aggrieved employee is attempting to recover a
civil penalty on behalf of himself or herself or others or initiates
a proceeding pursuant to Section 98.3.
(i) Except as provided in subdivision (j), civil penalties
recovered by aggrieved employees shall be distributed as follows: 75
percent to the Labor and Workforce Development Agency for enforcement
of labor laws, including the administration of this part, and for
education of employers and employees about their rights and
responsibilities under this code, to be continuously appropriated to
supplement and not supplant the funding to the agency for those
purposes; and 25 percent to the aggrieved employees.
(j) Civil penalties recovered under paragraph (1) of subdivision
(f) shall be distributed to the Labor and Workforce Development
Agency for enforcement of labor laws, including the administration of
this part, and for education of employers and employees about their
rights and responsibilities under this code, to be continuously
appropriated to supplement and not supplant the funding to the agency
for those purposes.
(k) Nothing contained in this part is intended to alter or
otherwise affect the exclusive remedy provided by the workers'
compensation provisions of this code for liability against an
employer for the compensation for any injury to or death of an
employee arising out of and in the course of employment.
(l) (1) For cases filed on or after July 1, 2016, the aggrieved
employee or representative shall, within 10 days following
commencement of a civil action pursuant to this part, provide the
Labor and Workforce Development Agency with a file-stamped copy of
the complaint that includes the case number assigned by the court.
(2) The superior court shall review and approve any settlement of
any civil action filed pursuant to this part. The proposed settlement
shall be submitted to the agency at the same time that it is
submitted to the court.
(3) A copy of the superior court's judgment in any civil action
filed pursuant to this part and any other order in that action that
either provides for or denies an award of civil penalties under this
code shall be submitted to the agency within 10 days after entry of
the judgment or order.
(4) Items required to be submitted to the Labor and Workforce
Development Agency under this subdivision or to the Division of
Occupational Safety and Health pursuant to paragraph (4) of
subdivision (b) of Section 2699.3, shall be transmitted online
through the same system established for the filing of notices and
requests under subdivisions (a) and (c) of Section 2699.3.
(m) This section shall not apply to the recovery of administrative
and civil penalties in connection with the workers' compensation law
as contained in Division 1 (commencing with Section 50) and Division
4 (commencing with Section 3200), including, but not limited to,
Sections 129.5 and 132a.
(n) The agency or any of its departments, divisions, commissions,
boards, or agencies may promulgate regulations to implement the
provisions of this part.
SEC. 190. Section 2699.3 of the Labor Code is amended to read:
2699.3. (a) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision listed in Section 2699.5 shall commence only after the
following requirements have been met:
(1) (A) The aggrieved employee or representative shall give
written notice by online filing with the Labor and Workforce
Development Agency and by certified mail to the employer of the
specific provisions of this code alleged to have been violated,
including the facts and theories to support the alleged violation.
(B) A notice filed with the Labor and Workforce Development Agency
pursuant to subparagraph (A) and any employer response to that
notice shall be accompanied by a filing fee of seventy-five dollars
($75). The fees required by this subparagraph are subject to waiver
in accordance with the requirements of Sections 68632 and 68633 of
the Government Code.
(C) The fees paid pursuant to subparagraph (B) shall be paid into
the Labor and Workforce Development Fund and used for the purposes
specified in subdivision (j) of Section 2699.
(2) (A) The agency shall notify the employer and the aggrieved
employee or representative by certified mail that it does not intend
to investigate the alleged violation within 60 calendar days of the
postmark date of the notice received pursuant to paragraph (1). Upon
receipt of that notice or if no notice is provided within 65 calendar
days of the postmark date of the notice given pursuant to paragraph
(1), the aggrieved employee may commence a civil action pursuant to
Section 2699.
(B) If the agency intends to investigate the alleged violation, it
shall notify the employer and the aggrieved employee or
representative by certified mail of its decision within 65 calendar
days of the postmark date of the notice received pursuant to
paragraph (1). Within 120 calendar days of that decision, the agency
may investigate the alleged violation and issue any appropriate
citation. If the agency, during the course of its investigation,
determines that additional time is necessary to complete the
investigation, it may extend the time by not more than 60 additional
calendar days and shall issue a notice of the extension. If the
agency determines that no citation will be issued, it shall notify
the employer and aggrieved employee of that decision within five
business days thereof by certified mail. Upon receipt of that notice
or if no citation is issued by the agency within the time limits
prescribed by subparagraph (A) and this subparagraph or if the agency
fails to provide timely or any notification, the aggrieved employee
may commence a civil action pursuant to Section 2699.
(C) Notwithstanding any other provision of law, a plaintiff may as
a matter of right amend an existing complaint to add a cause of
action arising under this part at any time within 60 days of the time
periods specified in this part.
(D) The time limits prescribed by this paragraph shall only apply
if the notice required by paragraph (1) is filed with the agency on
or after July 1, 2016. For notices submitted prior to July 1, 2016,
the time limits in effect on the postmark date of the notice shall
apply.
(b) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision of Division 5 (commencing with Section 6300) other than
those listed in Section 2699.5 shall commence only after the
following requirements have been met:
(1) The aggrieved employee or representative shall give notice by
online filing with the Division of Occupational Safety and Health and
by certified mail to the employer, with a copy to the Labor and
Workforce Development Agency, of the specific provisions of Division
5 (commencing with Section 6300) alleged to have been violated,
including the facts and theories to support the alleged violation.
(2) (A) The division shall inspect or investigate the alleged
violation pursuant to the procedures specified in Division 5
(commencing with Section 6300).
(i) If the division issues a citation, the employee may not
commence an action pursuant to Section 2699. The division shall
notify the aggrieved employee and employer in writing within 14
calendar days of certifying that the employer has corrected the
violation.
(ii) If by the end of the period for inspection or investigation
provided for in Section 6317, the division fails to issue a citation
and the aggrieved employee disputes that decision, the employee may
challenge that decision in the superior court. In such an action, the
superior court shall follow precedents of the Occupational Safety
and Health Appeals Board. If the court finds that the division should
have issued a citation and orders the division to issue a citation,
then the aggrieved employee may not commence a civil action pursuant
to Section 2699.
(iii) A complaint in superior court alleging a violation of
Division 5 (commencing with Section 6300) other than those listed in
Section 2699.5 shall include therewith a copy of the notice of
violation provided to the division and employer pursuant to paragraph
(1).
(iv) The superior court shall not dismiss the action for
nonmaterial differences in facts or theories between those contained
in the notice of violation provided to the division and employer
pursuant to paragraph (1) and the complaint filed with the court.
(B) If the division fails to inspect or investigate the alleged
violation as provided by Section 6309, the provisions of subdivision
(c) shall apply to the determination of the alleged violation.
(3) (A) Nothing in this subdivision shall be construed to alter
the authority of the division to permit long-term abatement periods
or to enter into memoranda of understanding or joint agreements with
employers in the case of long-term abatement issues.
(B) Nothing in this subdivision shall be construed to authorize an
employee to file a notice or to commence a civil action pursuant to
Section 2699 during the period that an employer has voluntarily
entered into consultation with the division to ameliorate a condition
in that particular worksite.
(C) An employer who has been provided notice pursuant to this
section may not then enter into consultation with the division in
order to avoid an action under this section.
(4) The superior court shall review and approve any proposed
settlement of alleged violations of the provisions of Division 5
(commencing with Section 6300) to ensure that the settlement
provisions are at least as effective as the protections or remedies
provided by state and federal law or regulation for the alleged
violation. The provisions of the settlement relating to health and
safety laws shall be submitted to the division at the same time that
they are submitted to the court. This requirement shall be construed
to authorize and permit the division to comment on those settlement
provisions, and the court shall grant the division's commentary the
appropriate weight.
(c) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision other than those listed in Section 2699.5 or Division 5
(commencing with Section 6300) shall commence only after the
following requirements have been met:
(1) (A) The aggrieved employee or representative shall give
written notice by online filing with the Labor and Workforce
Development Agency and by certified mail to the employer of the
specific provisions of this code alleged to have been violated,
including the facts and theories to support the alleged violation.
(B) A notice filed with the Labor and Workforce Development Agency
pursuant to subparagraph (A) and any employer response to that
notice shall be accompanied by a filing fee of seventy-five dollars
($75). The fees required by this subparagraph are subject to waiver
in accordance with the requirements of Sections 68632 and 68633 of
the Government Code.
(C) The fees paid pursuant to subparagraph (B) shall be paid into
the Labor and Workforce Development Fund and used for the purposes
specified in subdivision (j) of Section 2699.
(2) (A) The employer may cure the alleged violation within 33
calendar days of the postmark date of the notice sent by the
aggrieved employee or representative. The employer shall give written
notice within that period of time by certified mail to the aggrieved
employee or representative and by online filing with the agency if
the alleged violation is cured, including a description of actions
taken, and no civil action pursuant to Section 2699 may commence. If
the alleged violation is not cured within the 33-day period, the
employee may commence a civil action pursuant to Section 2699.
(B) (i) Subject to the limitation in clause (ii), no employer may
avail himself or herself of the notice and cure provisions of this
subdivision more than three times in a 12-month period for the same
violation or violations contained in the notice, regardless of the
location of the worksite.
(ii) No employer may avail himself or herself of the notice and
cure provisions of this subdivision with respect to alleged
violations of paragraph (6) or (8) of subdivision (a) of Section 226
more than once in a 12-month period for the same violation or
violations contained in the notice, regardless of the location of the
worksite.
(3) If the aggrieved employee disputes that the alleged violation
has been cured, the aggrieved employee or representative shall
provide written notice by online filing with the agency and by
certified mail to the employer, including specified grounds to
support that dispute, to the employer and the agency. Within 17
calendar days of the receipt of that notice, the agency shall review
the actions taken by the employer to cure the alleged violation, and
provide written notice of its decision by certified mail to the
aggrieved employee and the employer. The agency may grant the
employer three additional business days to cure the alleged
violation. If the agency determines that the alleged violation has
not been cured or if the agency fails to provide timely or any
notification, the employee may proceed with the civil action pursuant
to Section 2699. If the agency determines that the alleged violation
has been cured, but the employee still disagrees, the employee may
appeal that determination to the superior court.
(d) The periods specified in this section are not counted as part
of the time limited for the commencement of the civil action to
recover penalties under this part.
(e) This section shall remain in effect only until July 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2021, deletes or extends that date.
SEC. 191. Section 2699.3 is added to the Labor Code, to read:
2699.3. (a) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision listed in Section 2699.5 shall commence only after the
following requirements have been met:
(1) (A) The aggrieved employee or representative shall give
written notice by online filing with the Labor and Workforce
Development Agency and by certified mail to the employer of the
specific provisions of this code alleged to have been violated,
including the facts and theories to support the alleged violation.
(B) A notice filed with the Labor and Workforce Development Agency
pursuant to subparagraph (A) and any employer response to that
notice shall be accompanied by a filing fee of seventy-five dollars
($75). The fees required by this subparagraph are subject to waiver
in accordance with the requirements of Sections 68632 and 68633 of
the Government Code.
(C) The fees paid pursuant to subparagraph (B) shall be paid into
the Labor and Workforce Development Fund and used for the purposes
specified in subdivision (j) of Section 2699.
(2) (A) The agency shall notify the employer and the aggrieved
employee or representative by certified mail that it does not intend
to investigate the alleged violation within 60 calendar days of the
postmark date of the notice received pursuant to paragraph (1). Upon
receipt of that notice or if no notice is provided within 65 calendar
days of the postmark date of the notice given pursuant to paragraph
(1), the aggrieved employee may commence a civil action pursuant to
Section 2699.
(B) If the agency intends to investigate the alleged violation, it
shall notify the employer and the aggrieved employee or
representative by certified mail of its decision within 65 calendar
days of the postmark date of the notice received pursuant to
paragraph (1). Within 120 calendar days of that decision, the agency
may investigate the alleged violation and issue any appropriate
citation. If the agency determines that no citation will be issued,
it shall notify the employer and aggrieved employee of that decision
within five business days thereof by certified mail. Upon receipt of
that notice or if no citation is issued by the agency within the time
limits prescribed by subparagraph (A) and this subparagraph or if
the agency fails to provide timely or any notification, the aggrieved
employee may commence a civil action pursuant to Section 2699.
(C) Notwithstanding any other provision of law, a
plaintiff may as a matter of right amend an existing complaint to add
a cause of action arising under this part at any time within 60 days
of the time periods specified in this part.
(b) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision of Division 5 (commencing with Section 6300) other than
those listed in Section 2699.5 shall commence only after the
following requirements have been met:
(1) The aggrieved employee or representative shall give notice by
online filing with the Division of Occupational Safety and Health and
by certified mail to the employer, with a copy to the Labor and
Workforce Development Agency, of the specific provisions of Division
5 (commencing with Section 6300) alleged to have been violated,
including the facts and theories to support the alleged violation.
(2) (A) The division shall inspect or investigate the alleged
violation pursuant to the procedures specified in Division 5
(commencing with Section 6300).
(i) If the division issues a citation, the employee may not
commence an action pursuant to Section 2699. The division shall
notify the aggrieved employee and employer in writing within 14
calendar days of certifying that the employer has corrected the
violation.
(ii) If by the end of the period for inspection or investigation
provided for in Section 6317, the division fails to issue a citation
and the aggrieved employee disputes that decision, the employee may
challenge that decision in the superior court. In such an action, the
superior court shall follow precedents of the Occupational Safety
and Health Appeals Board. If the court finds that the division should
have issued a citation and orders the division to issue a citation,
then the aggrieved employee may not commence a civil action pursuant
to Section 2699.
(iii) A complaint in superior court alleging a violation of
Division 5 (commencing with Section 6300) other than those listed in
Section 2699.5 shall include therewith a copy of the notice of
violation provided to the division and employer pursuant to paragraph
(1).
(iv) The superior court shall not dismiss the action for
nonmaterial differences in facts or theories between those contained
in the notice of violation provided to the division and employer
pursuant to paragraph (1) and the complaint filed with the court.
(B) If the division fails to inspect or investigate the alleged
violation as provided by Section 6309, the provisions of subdivision
(c) shall apply to the determination of the alleged violation.
(3) (A) Nothing in this subdivision shall be construed to alter
the authority of the division to permit long-term abatement periods
or to enter into memoranda of understanding or joint agreements with
employers in the case of long-term abatement issues.
(B) Nothing in this subdivision shall be construed to authorize an
employee to file a notice or to commence a civil action pursuant to
Section 2699 during the period that an employer has voluntarily
entered into consultation with the division to ameliorate a condition
in that particular worksite.
(C) An employer who has been provided notice pursuant to this
section may not then enter into consultation with the division in
order to avoid an action under this section.
(4) The superior court shall review and approve any proposed
settlement of alleged violations of the provisions of Division 5
(commencing with Section 6300) to ensure that the settlement
provisions are at least as effective as the protections or remedies
provided by state and federal law or regulation for the alleged
violation. The provisions of the settlement relating to health and
safety laws shall be submitted to the division at the same time that
they are submitted to the court. This requirement shall be construed
to authorize and permit the division to comment on those settlement
provisions, and the court shall grant the division's commentary the
appropriate weight.
(c) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision other than those listed in Section 2699.5 or Division 5
(commencing with Section 6300) shall commence only after the
following requirements have been met:
(1) (A) The aggrieved employee or representative shall give
written notice by online filing with the Labor and Workforce
Development Agency and by certified mail to the employer of the
specific provisions of this code alleged to have been violated,
including the facts and theories to support the alleged violation.
(B) A notice filed with the Labor and Workforce Development Agency
pursuant to subparagraph (A) and any employer response to that
notice shall be accompanied by a filing fee of seventy-five dollars
($75). The fees required by this subparagraph are subject to waiver
in accordance with the requirements of Sections 68632 and 68633 of
the Government Code.
(C) The fees paid pursuant to subparagraph (B) shall be paid into
the Labor and Workforce Development Fund and used for the purposes
specified in subdivision (j) of Section 2699.
(2) (A) The employer may cure the alleged violation within 33
calendar days of the postmark date of the notice sent by the
aggrieved employee or representative. The employer shall give written
notice within that period of time by certified mail to the aggrieved
employee or representative and by online filing with the agency if
the alleged violation is cured, including a description of actions
taken, and no civil action pursuant to Section 2699 may commence. If
the alleged violation is not cured within the 33-day period, the
employee may commence a civil action pursuant to Section 2699.
(B) (i) Subject to the limitation in clause (ii), no employer may
avail himself or herself of the notice and cure provisions of this
subdivision more than three times in a 12-month period for the same
violation or violations contained in the notice, regardless of the
location of the worksite.
(ii) No employer may avail himself or herself of the notice and
cure provisions of this subdivision with respect to alleged
violations of paragraph (6) or (8) of subdivision (a) of Section 226
more than once in a 12-month period for the same violation or
violations contained in the notice, regardless of the location of the
worksite.
(3) If the aggrieved employee disputes that the alleged violation
has been cured, the aggrieved employee or representative shall
provide written notice by online filing with the agency and by
certified mail to the employer, including specified grounds to
support that dispute, to the employer and the agency. Within 17
calendar days of the receipt of that notice, the agency shall review
the actions taken by the employer to cure the alleged violation, and
provide written notice of its decision by certified mail to the
aggrieved employee and the employer. The agency may grant the
employer three additional business days to cure the alleged
violation. If the agency determines that the alleged violation has
not been cured or if the agency fails to provide timely or any
notification, the employee may proceed with the civil action pursuant
to Section 2699. If the agency determines that the alleged violation
has been cured, but the employee still disagrees, the employee may
appeal that determination to the superior court.
(d) The periods specified in this section are not counted as part
of the time limited for the commencement of the civil action to
recover penalties under this part.
(e) This section shall become operative on July 1, 2021.
SEC. 192. Section 4724 of the Labor Code is amended to read:
4724. The person or persons to whom the special death benefit is
payable pursuant to Section 4722 shall file a claim therefor with the
Department of General Services, which shall be processed pursuant to
the provisions of Chapter 3 (commencing with Section 900) of Part 2
of Division 3.6 of Title 1 of the Government Code.
SEC. 193. Section 4725 of the Labor Code is amended to read:
4725. The State Compensation Insurance Fund shall be the
disbursing agent for payments made pursuant to this article and shall
receive a fee for its services to be negotiated by the Department of
General Services. Unless otherwise provided herein, payments shall
be made in accordance with the provisions of this division.
SEC. 194. Section 4726 of the Labor Code is amended to read:
4726. The Department of General Services and the Administrative
Director of the Division of Workers' Compensation shall jointly adopt
rules and regulations as may be necessary to carry out the
provisions of this article.
SEC. 195. Section 6507 of the Labor Code is amended to read:
6507. The division shall set fees to be charged for permits and
registrations in amounts reasonably necessary to cover the costs
involved in administering the permitting and registration programs in
this chapter. All permit and registration fees collected under this
chapter shall be deposited in the Occupational Safety and Health
Fund.
SEC. 196. Section 7311.4 of the Labor Code is amended to read:
7311.4. (a) The division shall establish fees for initial and
renewal applications for certification under this chapter as a
certified qualified conveyance inspector, certified qualified
conveyance company, or certified competent conveyance mechanic based
upon the costs to the division of administering the certification and
licensing program in this chapter, including the cost of developing
and administering any tests as well as any costs related to
continuing education, investigation, revocation, or other associated
costs. In fixing the amount of these fees, the division may include
direct costs and a reasonable percentage attributable to the indirect
costs of the division for administering this chapter.
(b) Fees collected pursuant to this chapter are nonrefundable.
SEC. 197. Section 7314 of the Labor Code is amended to read:
7314. (a) The division shall, subject to subdivision (f), fix and
collect fees for the inspection of conveyances as it determines to
be necessary to cover the costs to the division of administering the
inspection and permitting programs in this chapter, including fees
for necessary subsequent inspections to determine if applicable
safety orders have been complied with and for field consultations. In
fixing the amount of these fees, the division may include direct
costs and a reasonable percentage attributable to the indirect costs
of the division for administering this chapter, including the costs
related to regulatory development as required by Section 7323.
(b) Notwithstanding Section 6103 of the Government Code, the
division may collect the fees authorized by subdivision (a) from the
state or any county, city, district, or other political subdivision.
(c) Whenever a person owning or having the custody, management, or
operation of a conveyance fails to pay the fees required under this
chapter within 60 days after the date of notification, he or she
shall pay, in addition to the fees required under this chapter, a
penalty fee equal to 100 percent of the fee. Failure to pay fees
within 60 days after the date of notification constitutes cause for
the division to prohibit use of the conveyance.
(d) (1) Any fees required pursuant to this section shall, except
as otherwise provided in paragraph (2), be set forth in regulations
that shall be adopted as emergency regulations. These emergency
regulations shall not be subject to the review and approval of the
Office of Administrative Law pursuant to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). These regulations
shall become effective immediately upon filing with the Secretary of
State.
(2) A suspension or reduction of fees pursuant to subdivision (f)
is not required to be set forth in a regulation.
(e) For purposes of this section, the date of the invoice
assessing a fee pursuant to this section shall be considered the date
of notification.
(f) (1) For the 2015-16 fiscal year, the fees for the annual and
biennial inspection of conveyances required by Section 7304 are
suspended on a one-time basis.
(2) For the 2016-17 fiscal year, and for every fiscal year
thereafter, the Director of Industrial Relations, upon concurrence of
the Department of Finance, may suspend or reduce the fees for the
annual and biennial inspections of conveyances required by Section
7304 on a one-time basis for that fiscal year in order to reduce the
amount of moneys in the Elevator Safety Account.
SEC. 198. Section 7315 of the Labor Code is amended to read:
7315. Fees shall be paid before the issuance of any permit to
operate a conveyance, but a temporary permit may be issued pending
receipt of fee payment. The division shall not charge an inspection
fee if an inspection has been made by an inspector of an insurance
company or municipality who holds a certificate as a conveyance
inspector and an inspection report is filed with the division within
21 days after inspection is made. The division may charge a fee for
processing and issuing the permit to operate.
SEC. 199. The heading of Chapter 4 (commencing with Section 7340)
of Part 3 of Division 5 of the Labor Code is amended to read:
CHAPTER 4. PASSENGER TRAMWAYS
SEC. 200. Section 7340 of the Labor Code is amended to read:
7340. As used in this chapter:
(a) "Passenger tramway" includes any method or device used
primarily for the purpose of transporting persons by means of cables
or ropes suspended between two or more points or structures.
(b) "Permit" means a permit issued by the division to operate a
passenger tramway in any place.
SEC. 201. Section 7341 of the Labor Code is amended to read:
7341. A passenger tramway shall not be operated in any place in
this state unless a permit for the operation of the tramway is issued
by the division, and unless the permit remains in effect and is kept
posted conspicuously in the main operating terminal of the tramway.
SEC. 202. Section 7342 of the Labor Code is amended to read:
7342. The operation of a passenger tramway by any person owning
or having the custody, management, or operation thereof without a
permit is a misdemeanor, and each day of operation without a permit
is a separate offense. No prosecution shall be maintained where the
issuance or renewal of a permit has been requested and remains
unacted upon.
SEC. 203. Section 7343 of the Labor Code is amended to read:
7343. Whenever a passenger tramway in any place is being operated
without the permit herein required, and is in such condition that
its use is dangerous to the life or safety of any person, the
division, or any person affected thereby, may apply to the superior
court of the county in which the passenger tramway is located for an
injunction restraining the operation of the passenger tramway until
the condition is corrected. Proof by certification of the division
that a permit has not been issued, together with the affidavit of any
safety engineer of the division that the operation of the passenger
tramway is dangerous to the life or safety of any person, is
sufficient ground, in the discretion of the court, for the immediate
granting of a temporary restraining order.
SEC. 204. Section 7344 of the Labor Code is amended to read:
7344. (a) The division shall cause all passenger tramways to be
inspected at least two times each year.
(b) At least one of the inspections required by subdivision (a)
shall take place between November 15 of each year and March 15 of the
succeeding year.
(c) If a passenger tramway is found upon inspection to be in a
safe condition for operation, a permit for operation for not longer
than one year shall be issued by the division.
SEC. 205. Section 7345 of the Labor Code is amended to read:
7345. If inspection shows a passenger tramway to be in an unsafe
condition, the division may issue a preliminary order requiring
repairs or alterations to be made to the passenger tramway that are
necessary to render it safe, and may order the operation or use
thereof discontinued until the repairs or alterations are made or the
unsafe conditions are removed.
SEC. 206. Section 7346 of the Labor Code is amended to read:
7346. Unless the preliminary order is complied with, a hearing
before the division shall be allowed, upon request, at which the
owner, operator, or other person in charge of the passenger tramway
may appear and show cause why he should not comply with the order.
SEC. 207. Section 7347 of the Labor Code is amended to read:
7347. If it thereafter appears to the division that the passenger
tramway is unsafe and that the requirements contained in the
preliminary order should be complied with, or that other things
should be done to make the passenger tramway safe, the division may
order or confirm the withholding of the permit and may make
requirements as it determines to be proper for its repair or
alteration or for the correction of the unsafe condition. The order
may thereafter be reheard by the division or reviewed by the courts
only in the manner specified for safety orders by Part 1 (commencing
with Section 6300).
SEC. 208. Section 7348 of the Labor Code is amended to read:
7348. If the operation of a passenger tramway during the making
of repairs or alterations is not immediately dangerous to the safety
of employees or others, the division may issue a temporary permit for
the operation of the tramway for a term not to exceed 30 days during
the making of repairs or alterations.
SEC. 209. Section 7350 of the Labor Code is amended to read:
7350. (a) The division shall fix and collect fees for the
inspection of passenger tramways as it deems necessary to cover the
costs of the division in administering this chapter. In fixing the
amount of these fees, the division may include direct costs and a
reasonable percentage attributable to the indirect costs of the
division for administering this chapter. The division shall not
charge an inspection fee for inspections performed by certified
insurance inspectors, but may charge a fee for processing the permit
when issued by the division as a result of the inspection.
Notwithstanding Section 6103 of the Government Code, the division may
collect the fees authorized by this section from the state or any
county, city, district, or other political subdivision.
(b) Whenever a person owning or having custody, management, or
operation of a passenger tramway fails to pay any fee required under
this chapter within 60 days after the date of notification by the
division, the division shall assess a penalty fee equal to 100
percent of the initial fee. For purposes of this section, the date of
the invoice fixing the fee shall be considered the date of
notification.
SEC. 210. Section 7351 of the Labor Code is amended to read:
7351. Fees shall be paid before issuance of a permit to operate a
passenger tramway, except that the division, at its own discretion,
may issue a temporary operating permit not to exceed 30 days, pending
receipt of payment of fees.
SEC. 211. Section 7352 of the Labor Code is amended to read:
7352. (a) All fees collected by the division under this chapter
shall be deposited into the Occupational Safety and Health Fund to
support the division's passenger tramway inspection program.
(b) On the effective date of the statute adding this subdivision,
any moneys in the Elevator Safety Account that, before that date,
were deposited pursuant to this section, subdivision (a) of Section
7904, or subdivision (b) of Section 7929 shall be transferred to the
Occupational Safety and Health Fund, together with any assets,
liabilities, revenues, expenditures, and encumbrances of that fund
that are attributable to the division's passenger tramway inspection
program under this chapter, the portable amusement ride inspection
program under Part 8 (commencing with Section 7900), and the
Permanent Amusement Ride Safety Inspection Program (Part 8.1
(commencing with Section 7920)).
SEC. 212. Section 7353 of the Labor Code is amended to read:
7353. (a) A passenger tramway shall not be constructed or altered
until the plans and design information have been properly certified
to the division by an engineer qualified under the Professional
Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3
of the Business and Professions Code).
(b) Any person who owns, has custody of, manages, or operates a
passenger tramway shall notify the division prior to any major repair
of the tramway.
SEC. 213. Section 7354 of the Labor Code is amended to read:
7354. The division shall not issue an operating permit to operate
a passenger tramway until it receives certification in writing by an
engineer qualified under the Professional Engineers Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code) that the erection work on the tramway has been
completed in accordance with the design and erection plans for the
tramway.
SEC. 214. Section 7354.5 of the Labor Code is amended to read:
7354.5. (a) Notwithstanding any other provision of this chapter,
in any case in which an insurer admitted to transact insurance in
this state has inspected or caused to be inspected, by a qualified,
licensed professional engineer registered in California pursuant to
Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, any passenger tramway used as a ski
lift, the division may, if it finds those inspections were made
according to subdivisions (a) and (b) of Section 7344, accept the
inspections in lieu of any other inspections for that year, except
that the initial inspection of a new ski lift or of a major
alteration to an existing ski lift shall be performed by a division
safety engineer. A private inspector shall, before commencing his or
her duties therein, secure from the division a certificate of
competency to make inspections. The division may determine the
competency of any applicant for a certificate, either by examination
or by other satisfactory proof of qualification.
(b) The division may rescind at any time, upon good cause being
shown therefor, and after hearing, if requested, any certificate of
competency issued by it to a ski lift inspector. The inspection
reports made to the division shall be in a form and content as the
division finds necessary for acceptance as a proper inspection made
by a private inspector.
SEC. 215. Section 7356 of the Labor Code is amended to read:
7356. The division shall, under the authority of Section 7355,
promulgate and cause to be published safety orders directing each
owner or operator of a passenger tramway to report to the division
each known incident where the maintenance, operation, or use of the
tramway results in injury to any person, unless the injury does not
require medical service other than ordinary first aid treatment.
SEC. 216. Section 7357 of the Labor Code is amended to read:
7357. The division shall establish standards for the
qualification of persons engaged in the operation of passenger
tramways, whether as employees or otherwise. The standards shall be
consistent with the general objective of this chapter in providing
for the safety of members of the public who use passenger tramways
and those engaged in their operation.
SEC. 217. Section 7373 of the Labor Code is amended to read:
7373. (a) A tower crane shall not be operated at any worksite
unless an employer obtains a permit from the division. The division
shall conduct an investigation for purposes of issuing a permit in an
expeditious manner. If the division does not issue a permit within
10 days after being requested to do so by a crane employer, the crane
employer may operate the crane without a permit.
(b) The division shall set fees to be charged for these permits in
an amount sufficient to cover the costs of administering this
article. In fixing the amount of these fees, the division may include
direct costs and a reasonable percentage attributable to the
indirect costs of the division for administering this article.
(c) The permit for a fixed tower crane shall be valid for the
period of time that the tower crane is fixed to the site.
(d) The permit for a mobile tower crane shall be valid for one
calendar year.
SEC. 218. Section 7380 of the Labor Code is repealed.
SEC. 219. Section 7380 is added to the Labor Code, to read:
7380. (a) The division shall set fees for the examination and
licensing of crane certifiers as necessary to cover the costs of
administering this article. In fixing the amount of these fees, the
division may include direct costs and a reasonable percentage
attributable to the indirect costs of the division for administering
this article.
(b) All fees collected by the division under this chapter shall be
deposited into the Occupational Safety and Health Fund.
SEC. 220. Section 7720 of the Labor Code is amended to read:
7720. The division shall not charge an inspection fee where an
inspection is made by a certified inspector if the inspection has
been made and reports have been submitted within the time limits
specified in this part.
SEC. 221. Section 7721 of the Labor Code is amended to read:
7721. (a) The division shall fix and collect fees for the shop,
field, and resale inspection of tanks and boilers and for
consultations, surveys, audits, and other activities required or
related to national standards concerning the design or construction
of boilers or pressure vessels or for evaluating fabricator's plant
facilities when these services are requested of the division by
entities desiring these services. The division shall fix and collect
the fees for the inspection of pressure vessels by a division safety
engineer. The division may charge an additional fee for necessary
subsequent inspections to determine if applicable safety orders have
been complied with.
(b) The division shall charge a fee for processing a permit.
(c) The division shall fix and collect fees for field
consultations regarding pressure vessels.
(d) Whenever a person owning or having the custody, management, or
operation of a pressure vessel fails to pay the fees required under
this chapter within 60 days after notification, he or she shall pay,
in addition to the fees required under this chapter, a penalty fee
equal to 100 percent of the fee.
(e) Any fees required pursuant to this section shall be in amounts
sufficient to cover the direct and indirect costs of the division
for administering this part
and shall be adopted as emergency regulations. These emergency
regulations shall not be subject to the review and approval of the
Office of Administrative Law pursuant to the provisions of the
Administrative Procedure Act provided for in Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. These regulations shall become effective immediately
upon filing with the Secretary of State.
SEC. 222. Section 7722 of the Labor Code is amended to read:
7722. (a) The fees collected under this part shall be paid into
the Pressure Vessel Account, which is hereby created, to be used for
the administration of the division pressure vessel safety program.
(b) The division shall establish criteria upon which fee charges
are based and prepare an annual report concerning revenues obtained
and expenditures appropriated for the pressure vessel safety program.
The division shall file the report with the Legislative Analyst, the
Joint Legislative Audit Committee, and the Department of Finance.
SEC. 223. Section 7904 of the Labor Code is amended to read:
7904. (a) The division shall fix and collect all fees necessary
to cover the cost of administering this part. Fees shall be charged
to a person or entity receiving the division's services as provided
by this part, as set out in regulations adopted pursuant to this
part, including, but not limited to, approvals, determinations,
permits, investigations, inspections and reinspections,
certifications and recertifications, receipt and review of
certificates, and reports and inspections. In fixing the amount of
these fees, the division may include direct costs and a reasonable
percentage attributable to the indirect costs of the division for
administering this part. All fees collected by the division under
this section shall be deposited into the Occupational Safety and
Health Fund to support the division's portable amusement ride
inspection program.
(b) Any fees required pursuant to this section shall be set forth
in regulations. For the 2016-17 fiscal year, those regulations shall
be adopted as emergency regulations. These emergency regulations
shall not be subject to the review and approval of the Office of
Administrative Law pursuant to the rulemaking provisions of the
Administrative Procedure Act provided for in Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. These emergency regulations shall become effective
immediately upon filing with the Secretary of State.
(c) The division shall annually prepare and post on its Internet
Web site a report summarizing all inspections of amusement rides and
accidents occurring on amusement rides. This report may contain route
location information submitted to the division by permit applicants.
SEC. 224. Section 7924 of the Labor Code is amended to read:
7924. (a) On an annual basis, an owner of a permanent amusement
ride shall submit to the division a certificate of compliance on a
form prescribed by the division, which shall include the following:
(1) The legal name and address of the owner and his or her
representative, if any, and the primary place of business of the
owner.
(2) A description of, the name of the manufacturer of, and, if
given by the manufacturer, the serial number and model number of, the
permanent amusement ride.
(3) A written declaration, executed by a qualified safety
inspector, stating that, within the preceding 12-month period, the
permanent amusement ride was inspected by the qualified safety
inspector and that the permanent amusement ride is in material
conformance with this section and all applicable rules and
regulations adopted by the division and standards board.
(b) The owner of multiple permanent amusement rides at a single
site may submit a single certificate of compliance that provides the
information required by subdivision (a) for each permanent amusement
ride at that site.
(c) A certificate of compliance shall not be required until one
year following the promulgation of any rules or regulations by the
division governing the submission of the certificates.
(d) A person shall not operate a permanent amusement ride that was
inspected by a qualified safety inspector or division inspector and
found to be unsafe unless all necessary repairs or modifications, or
both, to the ride have been completed and certified as completed by a
qualified safety inspector.
(e) For the purposes of satisfying this section, a qualified
safety inspector shall meet the requirements in subdivision (c) of
Section 7921 and shall be certified by the division. A qualified
safety inspector shall be recertified every two years following his
or her initial certification. A qualified safety inspector may be an
in-house, full-time safety inspector of the owner of the permanent
amusement ride, an employee or agent of the insurance underwriter or
insurance broker of the permanent amusement ride, an employee or
agent of the manufacturer of the amusement ride, or an independent
consultant or contractor.
(f) The owner of a permanent amusement ride shall maintain all of
the records necessary to demonstrate that the requirements of this
section have been met, including, but not limited to, employee
training records, maintenance, repair, and inspection records for
each permanent amusement ride, and records of accidents of which the
operator has knowledge, that resulted from the failure, malfunction,
or operation of a permanent amusement ride and that required medical
service other than ordinary first aid, and shall make those records
available to a division inspector upon request. The owner shall make
those records available for inspection by the division during normal
business hours at the owner's permanent place of business. The owner
or representative of the owner may be present when the division
inspects the records. The division shall conduct an inspection of the
operation of each ride at the permanent amusement park in
conjunction with an inspection of records conducted pursuant to this
subdivision, except that the division is not required to conduct an
operational inspection of a ride pursuant to this subdivision if a
qualified safety inspector employed by the division has already
inspected the operation of that ride in connection with the execution
of the current annual certificate of compliance pursuant to
subdivision (a).
(g) Upon receipt of a certificate of compliance, the division
shall notify the owner of the permanent amusement ride or rides for
which a certificate is submitted whether the certificate meets all
the requirements of this section, and if not, what requirements must
still be met.
(h) The division shall, in addition to the annual inspection
performed by the division pursuant to subdivision (f), inspect the
records for a permanent amusement ride or the ride, or both, under
either of the following circumstances:
(1) The division finds that the certificate of compliance
submitted pursuant to this section for the ride is fraudulent.
(2) The division determines, pursuant to regulations it has
adopted, that a permanent amusement ride has a disproportionately
high incidence of accidents required to be reported pursuant to
Section 7925.
(i) The division shall conduct its inspections with the least
disruption to the normal operation of the permanent park.
SEC. 225. Section 7929 of the Labor Code is amended to read:
7929. (a) The division shall fix and collect all fees necessary
to cover the cost to the division of administering this part. Fees
shall be charged to a person or entity receiving the division's
services as provided by this part, as set out in regulations adopted
pursuant to this part, including, but not limited to, approvals,
determinations, certifications and recertifications, receipt and
review of certificates, and inspections. In fixing the amount of
these fees, the division may include direct costs and a reasonable
percentage attributable to the indirect costs of the division for
administering this part. Notwithstanding Section 6103 of the
Government Code, the division may collect these fees from the state
or any county, city, district, or other political subdivision.
(b) All fees collected pursuant to this section shall be deposited
into the Occupational Safety and Health Fund to support the
Permanent Amusement Ride Safety Inspection Program.
(c) Whenever a person owning or having custody, management, or
operation of a permanent amusement ride fails to pay any fee required
under this part within 60 days after the date of notification by the
division, the division shall assess a penalty equal to 100 percent
of the initial fee. For purposes of this section, the date of the
invoice fixing the fee shall be considered the date of notification.
SEC. 226. Section 7991 of the Labor Code is amended to read:
7991. (a) To obtain a license under Section 7990, and to renew
that license, a person shall pass an oral and written examination
given by the division. The division shall offer the examination in
Spanish, or any other language, when requested by the applicant. The
division shall administer an examination orally when requested by an
applicant who cannot write. Licenses shall be renewable every five
years.
(b) The division shall set a nonrefundable fee for processing
applications for licenses required by Section 7990 and a fee for
administering examinations under this section. In fixing the amount
of these fees, the division may include direct costs and a reasonable
percentage attributable to the indirect costs of the division for
administering this chapter. Those fees shall be deposited into the
Occupational Safety and Health Fund.
SEC. 227. Section 8001 of the Labor Code is amended to read:
8001. The division shall charge a fee sufficient to cover the
direct and indirect costs of the division to administer the
examination and certification of gas testers and safety
representatives for tunnels and mines. Renewals shall be made every
five years.
SEC. 228. Section 8002 of the Labor Code is amended to read:
8002. All fees from applications shall be nonrefundable. Those
fees shall be deposited into the Occupational Safety and Health Fund.
SEC. 229. Section 9021.6 of the Labor Code is amended to read:
9021.6. (a) The division shall charge a fee to each asbestos
consultant and site surveillance technician who applies for
certification pursuant to subdivision (b) of Section 9021.5 and
Article 11 (commencing with Section 7180) of Chapter 9 of Division 3
of the Business and Professions Code. The fee shall be sufficient to
cover the direct and indirect costs to the division for administering
the certification process, including preparation and administration
of the examination. The fees collected shall be deposited in the
Occupational Safety and Health Fund. Establishment of any fee
pursuant to this section shall be accomplished through the regulatory
process required by subdivision (b) of Section 9021.5.
(b) On the effective date of the measure adding this subdivision,
any moneys in the Asbestos Training and Consultant Certification Fund
and any assets, liabilities, revenues, expenditures, and
encumbrances of that fund shall be transferred to the Occupational
Safety and Health Fund.
SEC. 230. Section 9021.7 of the Labor Code is repealed.
SEC. 231. Section 9021.9 of the Labor Code is amended to read:
9021.9. (a) The division shall establish an advisory committee to
develop and recommend by September 30, 1994, for action by the
standards board in accordance with Section 142.3, specific
requirements for hands-on, task-specific training programs for all
craft employees who may be exposed to asbestos-containing
construction materials and all employees and supervisors involved in
operations pertaining to asbestos cement pipe, as specified in
subdivision (c) of Section 6501.8. The training programs shall
include, but not be limited to, the following information:
(1) The physical characteristics and health hazards of asbestos.
(2) The types of asbestos cement pipe or asbestos-containing
construction materials an employee may encounter in his or her
specific work assignments.
(3) Safe practices and procedures for minimizing asbestos
exposures from operations involving asbestos cement pipe or
asbestos-containing construction materials.
(4) A review of general industry and construction safety orders
relating to asbestos exposure.
(5) Hands-on instruction using pipe or other construction
materials and the tools and equipment employees will use in the
workplace.
(b) The division shall approve training entities to conduct
task-specific training programs that include the requirements
prescribed by the standards board pursuant to this section for
employees and supervisors involved in operations pertaining to
asbestos cement pipe or asbestos-containing construction materials.
(c) The division shall charge a fee to each asbestos training
entity approved by the division pursuant to subdivision (b). The fee
shall be sufficient to cover the division's direct and indirect costs
for administering the approval process provided for in subdivision
(b). The fees collected shall be deposited in the Occupational Safety
and Health Fund. Establishment of any fee pursuant to this section
shall be accomplished through the regulatory process required by
subdivision (b) of Section 9021.5.
SEC. 232. Section 422.92 of the Penal Code is amended to read:
422.92. (a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide
existing brochures, making revisions as needed, to local law
enforcement agencies upon request for reproduction and distribution
to victims of hate crimes and other interested parties. In carrying
out these responsibilities, the department shall consult the Fair
Employment and Housing Council, the Department of Justice, and the
California Victim Compensation Board.
SEC. 233. Section 600.2 of the Penal Code is amended to read:
600.2. (a) It is a crime for any person to permit any dog which
is owned, harbored, or controlled by him or her to cause injury to or
the death of any guide, signal, or service dog, as defined by
Section 54.1 of the Civil Code, while the guide, signal, or service
dog is in discharge of its duties.
(b) A violation of this section is an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) if the injury or
death to any guide, signal, or service dog is caused by the person's
failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or
death to any guide, signal, or service dog is caused by the person's
reckless disregard in the exercise of control over his or her dog,
under circumstances that constitute such a departure from the conduct
of a reasonable person as to be incompatible with a proper regard
for the safety and life of any guide, signal, or service dog. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year, or by a fine of not less than
two thousand five hundred dollars ($2,500) nor more than five
thousand dollars ($5,000), or both. The court shall consider the
costs ordered pursuant to subdivision (d) when determining the amount
of any fines.
(d) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
guide, signal, or service dog for any veterinary bills and
replacement costs of the dog if it is disabled or killed, or other
reasonable costs deemed appropriate by the court. The costs ordered
pursuant to this subdivision shall be paid prior to any fines. The
person with the disability may apply for compensation by the
California Victim Compensation Board pursuant to Chapter 5
(commencing with Section 13950) of Part 4 of Division 3 of Title 2 of
the Government Code, in an amount not to exceed ten thousand dollars
($10,000).
SEC. 234. Section 600.5 of the Penal Code is amended to read:
600.5. (a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both a fine and imprisonment. The court
shall consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
dog for any veterinary bills and replacement costs of the dog if it
is disabled or killed, or other reasonable costs deemed appropriate
by the court. The costs ordered pursuant to this subdivision shall be
paid prior to any fines. The person with the disability may apply
for compensation by the California Victim Compensation Board pursuant
to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3
of Title 2 of the Government Code, in an amount not to exceed ten
thousand dollars ($10,000).
SEC. 235. Section 851.8 of the Penal Code is amended to read:
851.8. (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of the petition shall be
served upon the prosecuting attorney of the county or city having
jurisdiction over the offense. The law enforcement agency having
jurisdiction over the offense, upon a determination that the person
arrested is factually innocent, shall, with the concurrence of the
prosecuting attorney, seal its arrest records, and the petition for
relief under this section for three years from the date of the arrest
and thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency that
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice and
any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each agency, person, or entity within the State of
California receiving the request shall destroy its records of the
arrest and the request, unless otherwise provided in this section.
(b) If, after receipt by both the law enforcement agency and the
prosecuting attorney of a petition for relief under subdivision (a),
the law enforcement agency and prosecuting attorney do not respond to
the petition by accepting or denying the petition within 60 days
after the running of the relevant statute of limitations or within 60
days after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied. In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the superior court that would have had
territorial jurisdiction over the matter. A copy of the petition
shall be served on the law enforcement agency and the prosecuting
attorney of the county or city having jurisdiction over the offense
at least 10 days prior to the hearing thereon. The prosecuting
attorney and the law enforcement agency through the district attorney
may present evidence to the court at the hearing. Notwithstanding
Section 1538.5 or 1539, any judicial determination of factual
innocence made pursuant to this section may be heard and determined
upon declarations, affidavits, police reports, or any other evidence
submitted by the parties which is material, relevant, and reliable. A
finding of factual innocence and an order for the sealing and
destruction of records pursuant to this section shall not be made
unless the court finds that no reasonable cause exists to believe
that the arrestee committed the offense for which the arrest was
made. In any court hearing to determine the factual innocence of a
party, the initial burden of proof shall rest with the petitioner to
show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy the records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy those records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
the records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
(c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court that dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of the petition shall be served on the
prosecuting attorney of the county or city in which the accusatory
pleading was filed at least 10 days prior to the hearing on the
petitioner's factual innocence. The prosecuting attorney may present
evidence to the court at the hearing. The hearing shall be conducted
as provided in subdivision (b). If the court finds the petitioner to
be factually innocent of the charges for which the arrest was made,
then the court shall grant the relief as provided in subdivision (b).
(d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the prosecuting attorney, grant
the relief provided in subdivision (b) at the time of the dismissal
of the accusatory pleading.
(e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial at which the acquittal occurred
that the defendant was factually innocent of the charge, the judge
may grant the relief provided in subdivision (b).
(f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
(g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
(h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) that are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
(i) (1) Any finding that an arrestee is factually innocent
pursuant to subdivision (a), (b), (c), (d), or (e) shall not be
admissible as evidence in any action.
(2) Notwithstanding paragraph (1), a finding that an arrestee is
factually innocent pursuant to subdivisions (a) to (e), inclusive,
shall be admissible as evidence at a hearing before the California
Victim Compensation Board.
(j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon the records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily affecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
(k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of the records has received a
certified copy of the complaint in the civil action, until the civil
action has been resolved.
Any records sealed pursuant to this section by the court in the
civil actions, upon a showing of good cause, may be opened and
submitted into evidence. The records shall be confidential and shall
be available for inspection only by the court, jury, parties, counsel
for the parties, and any other person authorized by the court.
Immediately following the final resolution of the civil action,
records subject to subdivision (a), (b), (c), (d), or (e) shall be
sealed and destroyed pursuant to subdivision (a), (b), (c), (d), or
(e).
(l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
(m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
(n) This section shall not apply to any offense which is
classified as an infraction.
(o) (1) This section shall be repealed on the effective date of a
final judgment based on a claim under the California or United States
Constitution holding that evidence that is relevant, reliable, and
material may not be considered for purposes of a judicial
determination of factual innocence under this section. For purposes
of this subdivision, a judgment by the appellate division of a
superior court is a final judgment if it is published and if it is
not reviewed on appeal by a court of appeal. A judgment of a court of
appeal is a final judgment if it is published and if it is not
reviewed by the California Supreme Court.
(2) Any decision referred to in this subdivision shall be stayed
pending appeal.
(3) If not otherwise appealed by a party to the action, any
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court shall be appealed by the
Attorney General.
(p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
(1) In a felony case, appeal is to the court of appeal.
(2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.
SEC. 236. Section 851.865 of the Penal Code is amended to read:
851.865. (a) If a person has secured a declaration of factual
innocence from the court pursuant to Section 851.8 or 851.86, the
finding shall be sufficient grounds for payment of compensation for a
claim made pursuant to Section 4900. Upon application by the person,
the California Victim Compensation Board shall, without a hearing,
recommend to the Legislature that an appropriation be made and the
claim paid pursuant to Section 4904.
(b) If the declaration of factual innocence is granted pursuant to
a stipulation of the prosecutor, the duty of the board to, without a
hearing, recommend to the Legislature payment of the claim, shall
apply.
SEC. 237. Section 987.9 of the Penal Code is amended to read:
987.9. (a) In the trial of a capital case or a case under
subdivision (a) of Section 190.05, the indigent defendant, through
the defendant's counsel, may request the court for funds for the
specific payment of investigators, experts, and others for the
preparation or presentation of the defense. The application for funds
shall be by affidavit and shall specify that the funds are
reasonably necessary for the preparation or presentation of the
defense. The fact that an application has been made shall be
confidential and the contents of the application shall be
confidential. Upon receipt of an application, a judge of the court,
other than the trial judge presiding over the case in question, shall
rule on the reasonableness of the request and shall disburse an
appropriate amount of money to the defendant's attorney. The ruling
on the reasonableness of the request shall be made at an in camera
hearing. In making the ruling, the court shall be guided by the need
to provide a complete and full defense for the defendant.
(b) (1) The Controller shall not reimburse any county for costs
that exceed Department of General Services' standards for travel and
per diem expenses. The Controller may reimburse extraordinary costs
in unusual cases if the county provides sufficient documentation of
the need for those expenditures.
(2) At the termination of the proceedings, the attorney shall
furnish to the court a complete accounting of all moneys received and
disbursed pursuant to this section.
(c) The Controller shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, controlling reimbursements under this
section. The regulations shall consider compensation for
investigators, expert witnesses, and other expenses that may or may
not be reimbursable pursuant to this section. Notwithstanding the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, the Controller shall
follow any regulations adopted until final approval by the Office of
Administrative Law.
(d) The confidentiality provided in this section shall not
preclude any court from providing the Attorney General with access to
documents protected by this section when the defendant raises an
issue on appeal or collateral review where the recorded portion of
the record, created pursuant to this section, relates to the issue
raised. When the defendant raises that issue, the funding records, or
relevant portions thereof, shall be provided to the Attorney General
at the Attorney General's request. In this case, the documents shall
remain under seal and their use shall be limited solely to the
pending proceeding.
SEC. 238. Section 1191.15 of the Penal Code is amended to read:
1191.15. (a) The court may permit the victim of any crime, his or
her parent or guardian if the victim is a minor, or the next of kin
of the victim if the victim has died, to file with the court a
written, audiotaped, or videotaped statement, or statement stored on
a CD-ROM, DVD, or any other recording medium acceptable to the court,
expressing his or her views concerning the crime, the person
responsible, and the need for restitution, in lieu of or in addition
to the person personally appearing at the time of judgment and
sentence. The court shall consider the statement filed with the court
prior to imposing judgment and sentence.
Whenever an audio or video statement or statement stored on a
CD-ROM, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
(b) Whenever a written, audio, or video statement or statement
stored on a CD-ROM, DVD, or other medium is filed with the court, it
shall remain sealed until the time set for imposition of judgment and
sentence except that the court, the probation officer, and counsel
for the parties may view and listen to the statement not more than
two court days prior to the date set for imposition of judgment and
sentence.
(c) A person or a court shall not permit any person to duplicate,
copy, or reproduce by audio or visual means a statement submitted to
the court under the provisions of this section.
(d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim,
his or her parent or guardian, the next of kin, or the California
Victim Compensation Board.
(e) In the event the court permits an audio or video statement or
statement stored on a CD-ROM, DVD, or other medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
SEC. 239. Section 1191.2 of the Penal Code is amended to read:
1191.2. In providing notice to the victim pursuant to Section
1191.1, the probation officer shall also provide the victim with
information concerning the victim's right to civil recovery against
the defendant, the requirement that the court order restitution for
the victim, the victim's right to receive a copy of the restitution
order from the court and to enforce the restitution order as a civil
judgment, the victim's responsibility to furnish the probation
department, district attorney, and court with information relevant to
his or her losses, and the victim's opportunity to be compensated
from the Restitution Fund if eligible under Article 1 (commencing
with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2
of the Government Code. This information shall be in the form of
written material prepared by the Judicial Council in consultation
with the California Victim Compensation Board, shall include the
relevant sections of the Penal Code, and shall be provided to each
victim for whom the probation officer has a current mailing address.
SEC. 240. Section 1202.4 of the Penal Code is amended to read:
1202.4. (a) (1) It is the intent of the Legislature that a victim
of crime who incurs an economic loss as a result of the commission
of a crime shall receive restitution directly from a defendant
convicted of that crime.
(2) Upon a person being convicted of a crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
(3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
(b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so and
states those reasons on the record.
(1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense. If the
person is convicted of a felony, the fine shall not be less than two
hundred forty dollars ($240) starting on January 1, 2012, two hundred
eighty dollars ($280) starting on January 1, 2013, and three hundred
dollars ($300) starting on January 1, 2014, and not more than ten
thousand dollars ($10,000). If the person is convicted of a
misdemeanor, the fine shall not be less than one hundred twenty
dollars ($120) starting on January 1, 2012, one hundred forty dollars
($140) starting on January 1, 2013, and one hundred fifty dollars
($150) starting on January 1, 2014, and not more than one thousand
dollars ($1,000).
(2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of the minimum fine pursuant to
paragraph (1) multiplied by the number of years of imprisonment the
defendant is ordered to serve, multiplied by the number of felony
counts of which the defendant is convicted.
(c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution fine. Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the
minimum fine pursuant to paragraph (1) of subdivision (b). The court
may specify that funds confiscated at the time of the defendant's
arrest, except for funds confiscated pursuant to Section 11469 of the
Health and Safety Code, be applied to the restitution fine if the
funds are not exempt for spousal or child support or subject to any
other legal exemption.
(d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the minimum fine pursuant to paragraph (1) of
subdivision (b), the court shall consider any relevant factors,
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered losses as a
result of the crime, and the number of victims involved in the
crime. Those losses may include pecuniary losses to the victim or his
or her dependents as well as intangible losses, such as
psychological harm caused by the crime. Consideration of a defendant'
s inability to pay may include his or her future earning capacity. A
defendant shall bear the burden of demonstrating his or her inability
to pay. Express findings by the court as to the factors bearing on
the amount of the fine shall not be required. A separate hearing for
the fine shall not be required.
(e) The restitution fine shall not be subject to penalty
assessments authorized in Section 1464 or Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, or the state
surcharge authorized in Section 1465.7, and shall be deposited in the
Restitution Fund in the State Treasury.
(f) Except as provided in subdivisions (q) and (r), in every case
in which a victim has suffered economic loss as a result of the
defendant's conduct, the court shall require that the defendant make
restitution to the victim or victims in an amount established by
court order, based on the amount of loss claimed by the victim or
victims or any other showing to the court. If the amount of loss
cannot be ascertained at the time of sentencing, the restitution
order shall include a provision that the amount shall be determined
at the direction of the court. The court shall order full restitution
unless it finds compelling and extraordinary reasons for not doing
so and states them on the record. The court may specify that funds
confiscated at the time of the defendant's arrest, except for funds
confiscated pursuant to Section 11469 of the Health and Safety Code,
be applied to the restitution order if the funds are not exempt for
spousal or child support or subject to any other legal exemption.
(1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court may
modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant. If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion. A victim at a restitution
hearing or modification hearing described in this paragraph may
testify by live, two-way audio and video transmission, if testimony
by live, two-way audio and video transmission is available at the
court.
(2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of a third party. Restitution ordered pursuant to
this subdivision shall be ordered to be deposited to the Restitution
Fund to the extent that the victim, as defined in subdivision (k),
has received assistance from the California Victim Compensation Board
pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of
Division 3 of Title 2 of the Government Code.
(3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
(B) Medical expenses.
(C) Mental health counseling expenses.
(D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include commission income as well as base
wages. Commission income shall be established by evidence of
commission income during the 12-month period prior to the date of the
crime for which restitution is being ordered, unless good cause for
a shorter time period is shown.
(E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include
commission income as well as base wages. Commission income shall be
established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
(F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
(G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
(H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
(I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items. Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
(J) Expenses to install or increase residential security incurred
related to a violent felony, as defined in subdivision (c) of Section
667.5, including, but not limited to, a home security device or
system, or replacing or increasing the number of locks.
(K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
(L) Expenses for a period of time reasonably necessary to make the
victim whole, for the costs to monitor the credit report of, and for
the costs to repair the credit of, a victim of identity theft, as
defined in Section 530.5.
(4) (A) If, as a result of the defendant's conduct, the
Restitution Fund has provided assistance to or on behalf of a victim
or derivative victim pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code, the
amount of assistance provided shall be presumed to be a direct
result of the defendant's criminal conduct and shall be included in
the amount of the restitution ordered.
(B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the California
Victim Compensation Board reflecting the amount paid by the board and
whether the services for which payment was made were for medical or
dental expenses, funeral or burial expenses, mental health
counseling, wage or support losses, or rehabilitation. Certified
copies of these bills provided by the board and redacted to protect
the privacy and safety of the victim or any legal privilege, together
with a statement made under penalty of perjury by the custodian of
records that those bills were submitted to and were paid by the
board, shall be sufficient to meet this requirement.
(C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the board to the defendant
only after reviewing that information in camera and finding that the
information is necessary for the defendant to dispute the amount of
the restitution order.
(5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered. The financial disclosure
statements shall be made available to the victim and the board
pursuant to Section 1214. The disclosure shall be signed by the
defendant upon a form approved or adopted by the Judicial Council for
the purpose of facilitating the disclosure. A defendant who
willfully states as true a material matter that he or she knows to be
false on the disclosure required by this subdivision is guilty of a
misdemeanor, unless this conduct is punishable as perjury or another
provision of law provides for a greater penalty.
(6) A defendant who fails to file the financial disclosure
required in paragraph (5), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f). The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.
(7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court. The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
(8) In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
(A) A report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
(B) A stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
(C) A report by the probation officer, or information submitted by
the defendant applying for a conditional sentence pursuant to
subdivision (d) of Section 1203.
(9) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (5) as any of the
following:
(A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
(B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
(C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.
(D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
(10) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence. In appropriate
cases, the court may do any of the following:
(A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
(B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
(C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (5) as
a condition of probation or suspended sentence.
(11) If a defendant has any remaining unpaid balance on a
restitution order or fine 120 days prior to his or her scheduled
release from probation or 120 days prior to his or her completion of
a conditional sentence, the defendant shall prepare and file a new
and updated financial disclosure identifying all assets, income, and
liabilities in which the defendant holds or controls or has held or
controlled a present or future interest during the defendant's period
of probation or conditional sentence. The financial disclosure shall
be made available to the victim and the board pursuant to Section
1214. The disclosure shall be signed and prepared by the defendant on
the same form as described in paragraph (5). A defendant who
willfully states as true a material matter that he or she knows to be
false on the disclosure required by this subdivision is guilty of a
misdemeanor, unless this conduct is punishable as perjury or another
provision of law provides for a greater penalty. The financial
disclosure required by this paragraph shall be filed with the clerk
of the court no later than 90 days prior to the defendant's scheduled
release from probation or completion of the defendant's conditional
sentence.
(12) In cases where an employer is convicted of a crime against an
employee, a payment to the employee or the employee's dependent that
is made by the employer's workers' compensation insurance carrier
shall not be used to offset the amount of the restitution order
unless the court finds that the defendant substantially met the
obligation to pay premiums for that insurance coverage.
(g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution order, nor shall inability to pay be a consideration in
determining the amount of a restitution order.
(h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil
Procedure, in order to determine the defendant's financial assets for
purposes of collecting on the restitution order.
(i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
(j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
(k) For purposes of this section, "victim" shall include all of
the following:
(1) The immediate surviving family of the actual victim.
(2) A corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
(3) A person who has sustained economic loss as the result of a
crime and who satisfies any of the following conditions:
(A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in subparagraph (A).
(D) Is another family member of the victim, including, but not
limited to, the victim's fiancé or fiancée, and who witnessed the
crime.
(E) Is the primary caretaker of a minor victim.
(4) A person who is eligible to receive assistance from the
Restitution Fund pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5) A governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined in
subdivision (e) of Section 594, and that has sustained an economic
loss as the result of a violation of Section 594, 594.3, 594.4,
640.5, 640.6, or 640.7.
( l ) At its discretion, the board of supervisors of a
county may impose a fee to cover the actual administrative cost of
collecting the restitution fine, not to exceed 10 percent of the
amount ordered to be paid, to be added to the restitution fine and
included in the order of the court, the proceeds of which shall be
deposited in the general fund of the county.
(m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
(n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required. Upon revocation
of probation, the court shall impose restitution pursuant to this
section.
(o) The provisions of Section 13963 of the Government Code shall
apply to restitution imposed pursuant to this section.
(p) The court clerk shall notify the California Victim
Compensation Board within 90 days of an order of restitution being
imposed if the defendant is ordered to pay restitution to the board
due to the victim receiving compensation from the Restitution Fund.
Notification shall be accomplished by mailing a copy of the court
order to the board, which may be done periodically by bulk mail or
email.
(q) Upon conviction for a violation of Section 236.1, the court
shall, in addition to any other penalty or restitution, order the
defendant to pay restitution to the victim in a case in which a
victim has suffered economic loss as a result of the defendant's
conduct. The court shall require that the defendant make restitution
to the victim or victims in an amount established by court order,
based on the amount of loss claimed by the victim or victims or
another showing to the court. In determining restitution pursuant to
this section, the court shall base its order upon the greater of the
following: the gross value of the victim's labor or services based
upon the comparable value of similar services in the labor market in
which the offense occurred, or the value of the victim's labor as
guaranteed under California law, or the actual income derived by the
defendant from the victim's labor or services or any other
appropriate means to provide reparations to the victim.
(r) (1) In addition to any other penalty or fine, the court shall
order a person who has been convicted of a violation of Section 350,
653h, 653s, 653u, 653w, or 653aa that involves a recording or
audiovisual work to make restitution to an owner or lawful producer,
or trade association acting on behalf of the owner or lawful
producer, of a phonograph record, disc, wire, tape, film, or other
device or article from which sounds or visual images are derived that
suffered economic loss resulting from the violation. The order of
restitution shall be based on the aggregate wholesale value of
lawfully manufactured and authorized devices or articles from which
sounds or visual images are devised corresponding to the number of
nonconforming devices or articles involved in the offense, unless a
higher value can be proved in the case of (A) an unreleased audio
work, or (B) an audiovisual work that, at the time of unauthorized
distribution, has not been made available in copies for sale to the
general public in the United States on a digital versatile disc. For
purposes of this subdivision, possession of nonconforming devices or
articles intended for sale constitutes actual economic loss to an
owner or lawful producer in the form of displaced legitimate
wholesale purchases. The order of restitution shall also include
reasonable costs incurred as a result of an investigation of the
violation undertaken by the owner, lawful producer, or trade
association acting on behalf of the owner or lawful producer.
"Aggregate wholesale value" means the average wholesale value of
lawfully manufactured and authorized sound or audiovisual recordings.
Proof of the specific wholesale value of each nonconforming device
or article is not required.
(2) As used in this subdivision, "audiovisual work" and "recording"
shall have the same meaning as in Section 653w.
SEC. 241. Section 1202.41 of the Penal Code is amended to read:
1202.41. (a) (1) Notwithstanding Section 977 or any other law, if
a defendant is currently incarcerated in a state prison with two-way
audiovideo communication capability, the Department of Corrections,
at the request of the California Victim Compensation Board, may
collaborate with a court in any county to arrange for a hearing to
impose or amend a restitution order, if the victim has received
assistance pursuant to Article 5 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code,
to be conducted by two-way electronic audiovideo communication
between the defendant and the courtroom in lieu of the defendant's
physical presence in the courtroom, provided the county has agreed to
make the necessary equipment available.
(2) Nothing in this subdivision shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
(3) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the Department of
Corrections shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for the defendant
shall not be required to be physically present at the institution
during the hearing via electronic audiovideo communication. Nothing
in this subdivision shall be construed to prohibit the physical
presence of the defense counsel with the defendant at the state
prison.
(b) If an inmate who is not incarcerated in a state prison with
two-way audiovideo communication capability or ward does not waive
his or her right to attend a restitution hearing for the amendment of
a restitution order, the California Victim Compensation Board shall
determine if the cost of holding the hearing is justified. If the
board determines that the cost of holding the hearing is not
justified, the amendment of the restitution order affecting that
inmate or ward shall not be pursued at that time.
(c) Nothing in this section shall be construed to prohibit an
individual or district attorney's office from independently pursuing
the imposition or amendment of a restitution order that may result in
a hearing, regardless of whether the victim has received assistance
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code.
SEC. 242. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation, parole,
postrelease community supervision pursuant to Section 3451, or
mandatory supervision pursuant to subparagraph (B) of paragraph (5)
of subdivision (h) of Section 1170, after a term in custody pursuant
to subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170, or after completing diversion is enforceable by the California
Victim Compensation Board pursuant to this section. Notwithstanding
any other provision of law prohibiting disclosure, the state, as
defined in Section 900.6 of the Government Code, a local public
entity, as defined in Section 900.4 of the Government Code, or any
other entity, may provide the California Victim Compensation Board
any and all information to assist in the collection of unpaid
portions of a restitution fine for terminated probation or parole
cases, or of a restitution fee for completed diversion cases. For
purposes of the preceding sentence, "state, as defined in Section
900.6 of the Government Code," and "any other entity" shall not
include the Franchise Tax Board. A local collection program may
continue to collect restitution fines and restitution orders once a
defendant is no longer on probation, postrelease community
supervision, or mandatory supervision or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of
Section 1170.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation Board with a certified copy of any
order imposing a restitution fine or order and a copy of the
defendant's disclosure pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, affidavit or information pursuant to paragraph (6)
of subdivision (f) of Section 1202.4, or report pursuant to
paragraph (8) of subdivision (f) of Section 1202.4. A victim shall
have access to all resources available under the law to enforce the
restitution order, including, but not limited to, access to the
defendant's financial records, use of wage garnishment and lien
procedures, information regarding the defendant's assets, and the
ability to apply for restitution from any fund established for the
purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision under
Section 3451, or mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
or after a term in custody pursuant to subparagraph (A) of paragraph
(5) of subdivision (h) of Section 1170 is enforceable by the victim
pursuant to this section. Victims and the California Victim
Compensation Board shall inform the court whenever an order to pay
restitution is satisfied. A local collection program may continue to
enforce victim restitution orders once a defendant is no longer on
probation, postrelease community supervision, or mandatory
supervision or after completion of a term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(c) A defendant who owes a restitution fine, a restitution order,
or any portion thereof, and who is released from the custody of a
county jail facility after a term in custody pursuant to subparagraph
(A) of paragraph (5) of subdivision (h) of Section 1170 shall have a
continuing obligation to pay the restitution fine or restitution
order in full.
(d) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(e) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
(1) A judgment for court-ordered fines, forfeitures, penalties,
fees, or assessments.
(2) A restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative
on or before August 2, 1995, or Section 13967 of the Government
Code, as operative on or before September 28, 1994.
(3) A diversion restitution fee ordered pursuant to Section
1001.90.
SEC. 243. Section 1463.02 of the Penal Code is amended to read:
1463.02. (a) On or before June 30, 2011, the Judicial Council
shall establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders.
The task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation
Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the
Speaker of the Assembly.
(11) A defense attorney in private practice and a district
attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts
and the expenditures made by those entities that benefit from the
revenues.
(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and
the Legislature for consolidating and simplifying the imposition of
criminal and traffic-related court-ordered debts and the distribution
of the revenue derived from those debts with the goal of improving
the process for those entities that benefit from the revenues, and
recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues, imposition of
criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council and the Legislature on or before June 30, 2011,
regarding the priority in which court-ordered debts should be
satisfied and the use of comprehensive collection programs authorized
pursuant to Section 1463.007, including associated cost-recovery
practices.
SEC. 244. Section 1485.5 of the Penal Code is amended to read:
1485.5. (a) If the district attorney or Attorney General
stipulates to or does not contest the factual allegations underlying
one or more of the grounds for granting a writ of habeas corpus or a
motion to vacate a judgment, the facts underlying the basis for the
court's ruling or order shall be binding on the Attorney General, the
factfinder, and the California Victim Compensation Board.
(b) The district attorney shall provide notice to the Attorney
General prior to entering into a stipulation of facts that will be
the basis for the granting of a writ of habeas corpus or a motion to
vacate a judgment.
(c) The express factual findings made by the court, including
credibility determinations, in considering a petition for habeas
corpus, a motion to vacate judgment pursuant to Section 1473.6, or an
application for a certificate of factual innocence, shall be binding
on the Attorney General, the factfinder, and the California Victim
Compensation Board.
(d) For the purposes of this section, "express factual findings"
are findings established as the basis for the court's ruling or
order.
(e) For purposes of this section, "court" is defined as a state or
federal court.
SEC. 245. Section 1485.55 of the Penal Code is amended to read:
1485.55. (a) In a contested proceeding, if the court grants a
writ of habeas corpus concerning a person who is unlawfully
imprisoned or restrained, or when, pursuant to Section 1473.6, the
court vacates a judgment on the basis of new evidence concerning a
person who is no longer unlawfully imprisoned or restrained, and if
the court finds that new evidence on the petition points unerringly
to innocence, that finding shall be binding on the California Victim
Compensation Board for a claim presented to the board, and upon
application by the person, the board shall, without a hearing,
recommend to the Legislature that an appropriation be made and the
claim paid pursuant to Section 4904.
(b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained on any ground other
than new evidence that points unerringly to innocence or actual
innocence, the petitioner may move for a finding of innocence by a
preponderance of the evidence that the crime with which he or she was
charged was either not committed at all or, if committed, was not
committed by him or her.
(c) If the court vacates a judgment pursuant to Section 1473.6, on
any ground other than new evidence that points unerringly to
innocence or actual innocence, the petitioner may move for a finding
of innocence by a preponderance of the evidence that the crime with
which he or she was charged was either not committed at all or, if
committed, was not committed by him or her.
(d) If the court makes a finding that the petitioner has proven
his or her innocence by a preponderance of the evidence pursuant to
subdivision (b) or (c), the board shall, without a hearing, recommend
to the Legislature that an appropriation be made and the claim paid
pursuant to Section 4904.
(e) No presumption shall exist in any other proceeding for failure
to make a motion or obtain a favorable ruling pursuant to
subdivision (b) or (c).
(f) If a federal court, after granting a writ of habeas corpus,
pursuant to a nonstatutory motion or request, finds a petitioner
innocent by no less than a preponderance of the evidence that the
crime with which he or she was charged was either not committed at
all or, if committed, was not committed by him or her, the board
shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid pursuant to Section 4904.
(g) For the purposes of this section, "new evidence" means
evidence that was not available or known at the time of trial that
completely undermines the prosecution case and points unerringly to
innocence.
SEC. 246. Section 1557 of the Penal Code is amended to read:
1557. (a) This section shall apply when this state or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2 of
Article IV of the United States Constitution, or by the laws of this
state, has demanded the surrender of the fugitive from the executive
authority of any state of the United States, or of any foreign
government.
(b) Upon the approval of the Governor, the Controller shall audit
and pay out of the State Treasury as provided in subdivision (c) or
(d) the accounts of the person employed to bring back the fugitive,
including any money paid by that person for all of the following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of the fugitive.
(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by the sister state
without payment of which the authorities of the sister state refuse
to surrender the fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing the witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize the appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his or her extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as follows:
(1) When a warrant has been issued by any magistrate after the
filing of a complaint or the finding of an indictment and its
presentation to the court and filing by the clerk, and the person
named therein as defendant is a fugitive from justice who has been
found and arrested in any state of the United States or in any
foreign government, the county auditor shall draw his or her warrant
and the county treasurer shall pay to the person designated to return
the fugitive, the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his or her warrant and the city treasurer shall
pay to that person the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any funds advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, the place, the date, and to whom paid.
(4) A receipt obtained pursuant to paragraph (3) shall be filed by
the person designated to return the fugitive with the county auditor
or appropriate city officer or the Controller, as the case may be,
together with an affidavit by the person that the expenditures
represented by the receipts were necessarily made in the performance
of duty, and when the advance has been made by the county or city
treasurer to the person designated to return the fugitive, and has
thereafter been audited by the Controller, the payment thereof shall
be made by the State Treasurer to the county or city treasury that
has advanced the funds.
(5) In every case where the expenses of the person employed to
bring back the fugitive as provided in this section, are less than
the amount advanced on the recommendation of the district attorney,
the person employed to bring back the fugitive shall return to the
county or city treasurer,
as appropriate, the difference in amount between the aggregate amount
of receipts so filed by him or her, as herein employed, and the
amount advanced to the person upon the recommendation of the district
attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him or her, when audited by
the Controller, shall be paid by the State Treasurer to the person
so designated.
(7) Any payments made out of the State Treasury pursuant to this
section shall be made from appropriations for the fiscal year in
which those payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the Department of General Services. No city, county, or
other jurisdiction may file, and the state may not reimburse, a claim
pursuant to this section that is presented to the Department of
Corrections and Rehabilitation or to any other agency or department
of the state more than six months after the close of the month in
which the costs were incurred.
SEC. 247. Section 2085.5 of the Penal Code is amended to read:
2085.5. (a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the fine amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law, and shall
transfer that amount to the California Victim Compensation Board for
deposit in the Restitution Fund in the State Treasury. The amount
deducted shall be credited against the amount owing on the fine. The
sentencing court shall be provided a record of the payments.
(b) (1) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as operative
prior to September 29, 1994, subdivision (b) of Section 730.6 of the
Welfare and Institutions Code, or subdivision (b) of Section 1202.4,
the agency designated by the board of supervisors in the county
where the prisoner is incarcerated is authorized to deduct a minimum
of 20 percent or the balance owing on the fine amount, whichever is
less, up to a maximum of 50 percent from the county jail equivalent
of wages and trust account deposits of a prisoner, unless prohibited
by federal law, and shall transfer that amount to the California
Victim Compensation Board for deposit in the Restitution Fund in the
State Treasury. The amount deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided a
record of the payments.
(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.
(c) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the order amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law. The
secretary shall transfer that amount to the California Victim
Compensation Board for direct payment to the victim, or payment shall
be made to the Restitution Fund to the extent that the victim has
received assistance pursuant to that program. The sentencing court
shall be provided a record of the payments made to victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.
(d) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, in any case in which a
prisoner owes a restitution order imposed pursuant to subdivision (c)
of Section 13967 of the Government Code, as operative prior to
September 29, 1994, subdivision (h) of Section 730.6 of the Welfare
and Institutions Code, or subdivision (b) of Section 1202.4, the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to deduct a minimum of 20
percent or the balance owing on the order amount, whichever is less,
up to a maximum of 50 percent from the county jail equivalent of
wages and trust account deposits of a prisoner, unless prohibited by
federal law. The agency shall transfer that amount to the California
Victim Compensation Board for direct payment to the victim, or
payment shall be made to the Restitution Fund to the extent that the
victim has received assistance pursuant to that program, or may pay
the victim directly. The sentencing court shall be provided a record
of the payments made to the victims and of the payments deposited to
the Restitution Fund pursuant to this subdivision.
(e) The secretary shall deduct and retain from the wages and trust
account deposits of a prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation Board pursuant to subdivision
(a) or (c). The secretary shall deduct and retain from any prisoner
settlement or trial award, an administrative fee that totals 5
percent of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n),
unless prohibited by federal law. The secretary shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the Department of Corrections and Rehabilitation. The
secretary, at his or her discretion, may retain any excess funds in
the special deposit account for future reimbursement of the
department's administrative and support costs for the restitution
program or may transfer all or part of the excess funds for deposit
in the Restitution Fund.
(f) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170, the agency designated by
the board of supervisors in the county where the prisoner is
incarcerated is authorized to deduct and retain from the county jail
equivalent of wages and trust account deposits of a prisoner, unless
prohibited by federal law, an administrative fee that totals 10
percent of any amount transferred to the California Victim
Compensation Board pursuant to subdivision (b) or (d). The agency is
authorized to deduct and retain from a prisoner settlement or trial
award an administrative fee that totals 5 percent of any amount paid
from the settlement or award to satisfy an outstanding restitution
order or fine pursuant to subdivision (n), unless prohibited by
federal law. Upon release from custody pursuant to subdivision (h) of
Section 1170, the agency is authorized to charge a fee to cover the
actual administrative cost of collection, not to exceed 10 percent of
the total amount collected. The agency shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the agency. The agency is authorized to retain any excess
funds in the special deposit account for future reimbursement of the
agency's administrative and support costs for the restitution program
or may transfer all or part of the excess funds for deposit in the
Restitution Fund.
(g) In any case in which a parolee owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 29, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary, or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the county
where the prisoner is incarcerated, may collect from the parolee or,
pursuant to Section 2085.6, from a person previously imprisoned in
county jail any moneys owing on the restitution fine amount, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation Board for deposit
in the Restitution Fund in the State Treasury. The amount deducted
shall be credited against the amount owing on the fine. The
sentencing court shall be provided a record of the payments.
(h) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967 of
the Government Code, as operative prior to September 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary, or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated or a local collection program, may collect
from the parolee or, pursuant to Section 2085.6, from a person
previously imprisoned in county jail any moneys owing, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation Board for direct
payment to the victim, or payment shall be made to the Restitution
Fund to the extent that the victim has received assistance pursuant
to that program, or the agency may pay the victim directly. The
sentencing court shall be provided a record of the payments made by
the offender pursuant to this subdivision.
(i) The secretary, or, when a prisoner is punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170, the
agency designated by the board of supervisors in the county where the
prisoner is incarcerated, may deduct and retain from moneys
collected from parolees or persons previously imprisoned in county
jail an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation Board pursuant to
subdivision (g) or (h), unless prohibited by federal law. The
secretary shall deduct and retain from any settlement or trial award
of a parolee an administrative fee that totals 5 percent of an amount
paid from the settlement or award to satisfy an outstanding
restitution order or fine pursuant to subdivision (n), unless
prohibited by federal law. The agency is authorized to deduct and
retain from any settlement or trial award of a person previously
imprisoned in county jail an administrative fee that totals 5 percent
of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n).
The secretary or the agency shall deposit the administrative fee
moneys in a special deposit account for reimbursing administrative
and support costs of the restitution program of the Department of
Corrections and Rehabilitation or the agency, as applicable. The
secretary, at his or her discretion, or the agency may retain any
excess funds in the special deposit account for future reimbursement
of the department's or agency's administrative and support costs for
the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
(j) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (c).
(k) When a prisoner is punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170 and that prisoner has
both a restitution fine and a restitution order from the sentencing
court, if the agency designated by the board of supervisors in the
county where the prisoner is incarcerated collects the fine and
order, the agency shall collect the restitution order first pursuant
to subdivision (d).
(l) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation, or, when the prisoner is punished by imprisonment in
a county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated, may collect the restitution order first,
pursuant to subdivision (h).
(m) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
(n) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection with
a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney's fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The
Department of Corrections and Rehabilitation shall make all
reasonable efforts to notify the victims of the crime for which that
person was convicted concerning the pending payment of any
compensatory or punitive damages. For any prisoner punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency is authorized to make all reasonable efforts to
notify the victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.
(o) (1) Amounts transferred to the California Victim Compensation
Board for payment of direct orders of restitution shall be paid to
the victim within 60 days from the date the restitution revenues are
received by the California Victim Compensation Board. If the
restitution payment to a victim is less than twenty-five dollars
($25), then payment need not be forwarded to that victim until the
payment reaches twenty-five dollars ($25) or when the victim requests
payment of the lesser amount.
(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation Board on behalf of the
victim shall be held in trust in the Restitution Fund until the end
of the state fiscal year subsequent to the state fiscal year in which
the funds were deposited or until the time that the victim has
provided current address information, whichever occurs sooner.
Amounts remaining in trust at the end of the specified period of time
shall revert to the Restitution Fund.
(3) (A) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the Department of Corrections and Rehabilitation, which shall
verify that moneys were collected on behalf of the victim. Upon
receipt of that verified information from the Department of
Corrections and Rehabilitation, the California Victim Compensation
Board shall transmit the restitution revenues to the victim in
accordance with the provisions of subdivision (c) or (h).
(B) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the agency designated by the board of supervisors in the county
where the prisoner punished by imprisonment in a county jail pursuant
to subdivision (h) of Section 1170 is incarcerated, which may verify
that moneys were collected on behalf of the victim. Upon receipt of
that verified information from the agency, the California Victim
Compensation Board shall transmit the restitution revenues to the
victim in accordance with the provisions of subdivision (d) or (h).
SEC. 248. Section 2085.6 of the Penal Code is amended to read:
2085.6. (a) When a prisoner who owes a restitution fine, or any
portion thereof, is subsequently released from the custody of the
Department of Corrections and Rehabilitation or a county jail
facility, and is subject to postrelease community supervision under
Section 3451 or mandatory supervision under subdivision (h) of
Section 1170, he or she shall have a continuing obligation to pay the
restitution fine in full. The restitution fine obligation and any
portion left unsatisfied upon placement in postrelease community
supervision or mandatory supervision is enforceable and may be
collected, in a manner to be established by the county board of
supervisors, by the department or county agency designated by the
board of supervisors in the county where the prisoner is released. If
a county elects to collect restitution fines, the department or
county agency designated by the county board of supervisors shall
transfer the amount collected to the California Victim Compensation
Board for deposit in the Restitution Fund in the State Treasury.
(b) When a prisoner who owes payment for a restitution order, or
any portion thereof, is released from the custody of the Department
of Corrections and Rehabilitation or a county jail facility, and is
subject to postrelease community supervision under Section 3451 or
mandatory supervision under subdivision (h) of Section 1170, he or
she shall have a continuing obligation to pay the restitution order
in full. The restitution order obligation and any portion left
unsatisfied upon placement in postrelease community supervision or
mandatory supervision is enforceable and may be collected, in a
manner to be established by the county board of supervisors, by the
agency designated by the county board of supervisors in the county
where the prisoner is released. If the county elects to collect the
restitution order, the agency designated by the county board of
supervisors for collection shall transfer the collected amount to the
California Victim Compensation for deposit in the Restitution Fund
in the State Treasury or may pay the victim directly. The sentencing
court shall be provided a record of payments made to the victim and
of the payments deposited into the Restitution Fund.
(c) Any portion of a restitution order or restitution fine that
remains unsatisfied after an individual is released from postrelease
community supervision or mandatory supervision shall continue to be
enforceable by a victim pursuant to Section 1214 until the obligation
is satisfied.
(d) At its discretion, a county board of supervisors may impose a
fee upon the individual subject to postrelease community supervision
or mandatory supervision to cover the actual administrative cost of
collecting the restitution fine and the restitution order, not to
exceed 10 percent of the amount collected, the proceeds of which
shall be deposited into the general fund of the county.
(e) If a county elects to collect both a restitution fine and a
restitution order, the amount owed on the restitution order shall be
collected before the restitution fine.
(f) If a county elects to collect restitution fines and
restitution orders pursuant to this section, the county shall
coordinate efforts with the Franchise Tax Board pursuant to Section
19280 of the Revenue and Taxation Code.
(g) Pursuant to Section 1214, the county agency selected by a
county board of supervisors to collect restitution fines and
restitution orders may collect restitution fines and restitution
orders after an individual is no longer on postrelease community
supervision or mandatory supervision or after a term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of
Section 1170.
(h) For purposes of this section, the following definitions shall
apply:
(1) "Restitution fine" means a fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as operative
prior to September 29, 1994, subdivision (b) of Section 730.6 of the
Welfare and Institutions Code, or subdivision (b) of Section 1202.4.
(2) "Restitution order" means an order for restitution to the
victim of a crime imposed pursuant to subdivision (c) of Section
13967 of the Government Code, as operative prior to September 29,
1994, subdivision (h) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (f) of Section 1202.4.
SEC. 249. Section 2786 of the Penal Code is amended to read:
2786. All money received pursuant to this article in the Inmate
Welfare Fund of the Department of Corrections and Rehabilitation is
hereby appropriated for educational, recreational, and other purposes
described in Section 5006 at the various prison camps established
under this article and shall be expended by the secretary upon
warrants drawn upon the State Treasury by the Controller after
approval of the claims by the Department of General Services. It is
the intent of the Legislature that moneys in this fund only be
expended on services other than those that the department is required
to provide to inmates.
SEC. 250. Section 4900 of the Penal Code is amended to read:
4900. Any person who, having been convicted of any crime against
the state amounting to a felony and imprisoned in the state prison or
incarcerated in county jail pursuant to subdivision (h) of Section
1170 for that conviction, is granted a pardon by the Governor for the
reason that the crime with which he or she was charged was either
not committed at all or, if committed, was not committed by him or
her, or who, being innocent of the crime with which he or she was
charged for either of the foregoing reasons, shall have served the
term or any part thereof for which he or she was imprisoned in state
prison or incarcerated in county jail, may, under the conditions
provided under this chapter, present a claim against the state to the
California Victim Compensation Board for the pecuniary injury
sustained by him or her through the erroneous conviction and
imprisonment or incarceration.
SEC. 251. Section 4901 of the Penal Code is amended to read:
4901. (a) A claim under Section 4900, accompanied by a statement
of the facts constituting the claim, verified in the manner provided
for the verification of complaints in civil actions, is required to
be presented by the claimant to the California Victim Compensation
Board within a period of two years after judgment of acquittal or
after pardon granted, or after release from custody, and no claim not
so presented shall be considered by the California Victim
Compensation Board.
(b) For purposes of subdivision (a), "release from custody" means
release from imprisonment from state prison or from incarceration in
county jail when there is no subsequent parole jurisdiction exercised
by the Department of Correction and Rehabilitation or postrelease
jurisdiction under a community corrections program, or when there is
a parole period or postrelease period subject to jurisdiction of a
community corrections program, when that period ends.
(c) A person may not file a claim under Section 4900 until 60 days
have passed since the date of reversal of conviction or granting of
the writ, or while the case is pending upon an initial refiling, or
until a complaint or information has been dismissed a single time.
SEC. 252. Section 4902 of the Penal Code is amended to read:
4902. (a) If the provisions of Section 851.865 or 1485.55 apply
in any claim, the California Victim Compensation Board shall, within
30 days of the presentation of the claim, calculate the compensation
for the claimant pursuant to Section 4904 and recommend to the
Legislature payment of that sum. As to any claim to which Section
851.865 or 1485.55 does not apply, the Attorney General shall respond
to the claim within 60 days or request an extension of time, upon a
showing of good cause.
(b) Upon receipt of a response from the Attorney General, the
board shall fix a time and place for the hearing of the claim, and
shall mail notice thereof to the claimant and to the Attorney General
at least 15 days prior to the time fixed for the hearing. The board
shall use reasonable diligence in setting the date for the hearing
and shall attempt to set the date for the hearing at the earliest
date convenient for the parties and the board.
(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board shall fix a time and place for the hearing
of the claim, mail notice thereof to the claimant at least 15 days
prior to the time fixed for the hearing, and make a recommendation
based on the claimant's verified claim and any evidence presented by
him or her.
SEC. 253. Section 4904 of the Penal Code is amended to read:
4904. If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, and that the claimant
has sustained injury through his or her erroneous conviction and
imprisonment, the California Victim Compensation Board shall report
the facts of the case and its conclusions to the next Legislature,
with a recommendation that the Legislature make an appropriation for
the purpose of indemnifying the claimant for the injury. The amount
of the appropriation recommended shall be a sum equivalent to one
hundred forty dollars ($140) per day of incarceration served, and
shall include any time spent in custody, including in a county jail,
that is considered to be part of the term of incarceration. That
appropriation shall not be treated as gross income to the recipient
under the Revenue and Taxation Code.
SEC. 254. Section 4905 of the Penal Code is amended to read:
4905. The California Victim Compensation Board shall make
up its report and recommendation and shall give to the Controller a
statement showing its recommendations for appropriations under this
chapter, as provided by law in cases of other claimants against the
state for which no appropriations have been made.
SEC. 255. Section 4906 of the Penal Code is amended to read:
4906. The California Victim Compensation Board is hereby
authorized to make all needful rules and regulations consistent with
the law for the purpose of carrying into effect this chapter.
SEC. 256. Section 11163 of the Penal Code is amended to read:
11163. (a) The Legislature finds and declares that even though
the Legislature has provided for immunity from liability, pursuant to
Section 11161.9, for persons required or authorized to report
pursuant to this article, that immunity does not eliminate the
possibility that actions may be brought against those persons based
upon required reports of abuse pursuant to other laws.
In order to further limit the financial hardship that those
persons may incur as a result of fulfilling their legal
responsibility, it is necessary that they not be unfairly burdened by
legal fees incurred in defending those actions.
(b) (1) Therefore, a health practitioner may present a claim to
the Department of General Services for reasonable attorney's fees
incurred in any action against that person on the basis of that
person reporting in accordance with this article if the court
dismisses the action upon a demurrer or motion for summary judgment
made by that person or if that person prevails in the action.
(2) The Department of General Services shall allow the claim
pursuant to paragraph (1) if the requirements of paragraph (1) are
met, and the claim shall be paid from an appropriation to be made for
that purpose. Attorney's fees awarded pursuant to this section shall
not exceed an hourly rate greater than the rate charged by the
Attorney General at the time the award is made and shall not exceed
an aggregate amount of fifty thousand dollars ($50,000).
(3) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.
SEC. 257. Section 11172 of the Penal Code is amended to read:
11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
it can be proven that a false report was made and the person knew
that the report was false or was made with reckless disregard of the
truth or falsity of the report, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this article,
nor any person taking photographs at his or her direction, shall
incur any civil or criminal liability for taking photographs of a
suspected victim of child abuse or neglect, or causing photographs to
be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs, images, or
material with the reports required by this article. However, this
section shall not be construed to grant immunity from this liability
with respect to any other use of the photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) Any commercial computer technician, and any employer of any
commercial computer technician, who, pursuant to a warrant from a law
enforcement agency investigating a report of suspected child abuse
or neglect, provides the law enforcement agency with a computer or
computer component which contains possible evidence of a known or
suspected instance of child abuse or neglect, shall not incur civil
or criminal liability as a result of providing that computer or
computer component to the law enforcement agency.
(d) (1) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
Department of General Services for reasonable attorney's fees and
costs incurred in any action against that person on the basis of
making a report required or authorized by this article if the court
has dismissed the action upon a demurrer or motion for summary
judgment made by that person, or if he or she prevails in the action.
The Department of General Services shall allow that claim if the
requirements of this subdivision are met, and the claim shall be paid
from an appropriation to be made for that purpose. Attorney's fees
awarded pursuant to this section shall not exceed an hourly rate
greater than the rate charged by the Attorney General of the State of
California at the time the award is made and shall not exceed an
aggregate amount of fifty thousand dollars ($50,000).
(2) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.
(e) A court may award attorney's fees and costs to a commercial
film and photographic print processor when a suit is brought against
the processor because of a disclosure mandated by this article and
the court finds this suit to be frivolous.
SEC. 258. Section 13835.2 of the Penal Code is amended to read:
13835.2. (a) Funds appropriated from the Victim-Witness
Assistance Fund shall be made available through the Office of
Emergency Services to any public or private nonprofit agency for the
assistance of victims and witnesses that meets all of the following
requirements:
(1) It provides comprehensive services to victims and witnesses of
all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.
(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in the
county.
(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.
(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation Board for indemnification pursuant to Article 1
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code.
(5) It cooperates with the California Victim Compensation Board in
verifying the data required by Article 1 (commencing with Section
13959) of Part 4 of Division 3 of Title 2 of the Government Code.
(b) The Office of Emergency Services shall consider the following
factors, together with any other circumstances it deems appropriate,
in awarding funds to public or private nonprofit agencies designated
as victim and witness assistance centers:
(1) The capability of the agency to provide comprehensive services
as defined in this article.
(2) The stated goals and objectives of the center.
(3) The number of people to be served and the needs of the
community.
(4) Evidence of community support.
(5) The organizational structure of the agency that will operate
the center.
(6) The capability of the agency to provide confidentiality of
records.
SEC. 259. Section 14030 of the Penal Code is amended to read:
14030. (a) The Attorney General shall establish a liaison with
the United States Marshal's office in order to facilitate the legal
processes over which the federal government has sole authority,
including, but not limited to, those processes included in Section
14024. The liaison shall coordinate all requests for federal
assistance relating to witness protection as established by this
title.
(b) The Attorney General shall pursue all federal sources that may
be available for implementing this program. For that purpose, the
Attorney General shall establish a liaison with the United States
Department of Justice.
(c) The Attorney General, with the California Victim Compensation
Board, shall establish procedures to maximize federal funds for
witness protection services.
SEC. 260. Section 216 of the Probate Code is amended to read:
216. (a) For the purposes of this section "confined" means to be
confined in a prison or facility under the jurisdiction of the
Department of Corrections and Rehabilitation, or its Division of
Juvenile Facilities, or confined in any county or city jail, road
camp, industrial farm, or other local correctional facility.
(b) The estate attorney, or if there is no estate attorney, the
beneficiary, the personal representative, or the person in possession
of property of the decedent shall give the Director of the
California Victim Compensation Board notice of a decedent's death not
later than 90 days after the date of death in either of the
following circumstances:
(1) The deceased person has an heir or beneficiary who is
confined.
(2) The estate attorney, or if there is no estate attorney, the
beneficiary, the personal representative, or the person in possession
of property of the decedent, knows that an heir or beneficiary has
previously been confined.
(c) The notice shall be given as provided in Section 1215 and
shall include all of the following:
(1) The name, date of birth, and location of incarceration, or
current address if no longer incarcerated, of the decedent's heir or
beneficiary.
(2) The heir's or beneficiary's CDCR number if incarcerated in a
Department of Corrections and Rehabilitation facility or booking
number if incarcerated in a county facility.
(3) A copy of the decedent's death certificate.
(4) The probate case number, and the name of the superior court
hearing the case.
(d) Nothing in this section shall be interpreted as requiring the
estate attorney, the beneficiary, the personal representative, or the
person in possession of property of the decedent to conduct an
additional investigation to determine whether a decedent has an heir
or beneficiary who has been confined in a prison or facility under
the jurisdiction of the Department of Corrections and Rehabilitation,
or its Division of Juvenile Facilities, or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility.
SEC. 261. Section 9202 of the Probate Code is amended to read:
9202. (a) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Director of Health
Care Services notice of the decedent's death in the manner provided
in Section 215 if the general personal representative knows or has
reason to believe that the decedent received health care under
Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing
with Section 14200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or was the surviving spouse of a person who
received that health care. The director has four months after notice
is given in which to file a claim.
(b) Not later than 90 days after the date letters are first issued
to a general personal representative, the general personal
representative or estate attorney shall give the Director of the
California Victim Compensation Board notice of the decedent's death
in the manner provided in Section 216 if the general personal
representative or estate attorney knows that an heir or beneficiary
is or has previously been confined in a prison or facility under the
jurisdiction of the Department of Corrections and Rehabilitation or
confined in any county or city jail, road camp, industrial farm, or
other local correctional facility. The director of the board shall
have four months after that notice is received in which to pursue
collection of any outstanding restitution fines or orders.
(c) (1) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Franchise Tax Board
notice of the administration of the estate. The notice shall be given
as provided in Section 1215.
(2) The provisions of this subdivision shall apply to estates for
which letters are first issued on or after July 1, 2008.
(d) Nothing in this section shall be interpreted as requiring the
estate attorney, the beneficiary, the personal representative, or the
person in possession of property of the decedent to conduct an
additional investigation to determine whether a decedent has an heir
or beneficiary who has been confined in a prison or facility under
the jurisdiction of the Department of Corrections and Rehabilitation,
or its Division of Juvenile Facilities, or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility.
SEC. 262. Section 10301 of the Public Contract Code is amended to
read:
10301. Except in cases when the agency and the department agree
that an article of a specified brand or trade name is the only
article that will properly meet the needs of the agency, or in cases
where the Department of General Services has made a determination
pursuant to Section 10308, all contracts for the acquisition or lease
of goods in an amount of twenty-five thousand dollars ($25,000), or
a higher amount as established by the director, shall be made or
entered into with the lowest responsible bidder meeting
specifications.
For purposes of determining the lowest bid, the amount of sales
tax shall be excluded from the total amount of the bid.
SEC. 263. Section 10306 of the Public Contract Code is amended to
read:
10306. Whenever a contract or purchase order under this article
is not to be awarded to the lowest bidder, the bidder shall be
notified 24 hours prior to awarding the contract or purchase order to
another bidder. Upon written request by any bidder who has submitted
a bid, notice of the proposed award shall be posted in a public
place in the offices of the department at least 24 hours prior to
awarding the contract or purchase order. If prior to making the
award, any bidder who has submitted a bid files a protest with the
department against the awarding of the contract or purchase order on
the ground that he or she is the lowest responsible bidder meeting
specifications, the contract or purchase order shall not be awarded
until either the protest has been withdrawn or the department has
made a final decision as to the action to be taken relative to the
protest. In computing the 24-hour periods provided for in this
section, Saturdays, Sundays, and legal holidays shall be excluded.
Within 10 days after filing a protest, the protesting bidder shall
file with the department a full and complete written statement
specifying in detail the ground of the protest and the facts in
support thereof.
SEC. 264. Section 10308 of the Public Contract Code is amended to
read:
10308. Except as provided otherwise in this chapter, every
acquisition of goods in excess of one hundred dollars ($100) for any
state agency shall be made by or under the supervision of the
department. However, the state agency may specify the quality of the
goods to be acquired. If the department determines that the quality
specified by the agency is inconsistent with the statewide standards
established by the director under Section 10307, it shall change the
request to make it consistent with the standards, and it shall notify
the state agency, within a reasonable time, before a contract is
issued. If the agency is of the opinion the interests of the state
would not be served by the acquisition of goods of a lesser quality
or different than that specified by the agency, the agency may
request a hearing before the department and the department shall
determine which goods will best serve the interests of the state,
whereupon the department shall issue a contract for the goods
specified by the department.
SEC. 265. Section 10311 of the Public Contract Code is amended to
read:
10311. (a) An estimate or requisition approved by the state
agency in control of the appropriation or fund against which an
acquisition is to be charged, is full authority for any contract for
goods of the quality specified by the agency or determined by the
department as provided in this article made pursuant thereto by the
department.
(b) The department shall issue a call for bids within 30 days
after receiving a requisition for any goods that are regularly
acquired within this state. The period of closing time designated in
the invitations for bids shall be exclusive of holidays and shall be
extended to the next working day after a holiday.
(c) Except as provided in subdivision (d), after the closing date
for receiving any bids within or without this state, the contract
shall be awarded or the bids shall be rejected within 45 days unless
a protest is filed as provided in Section 10306.
(d) After the 45-day time period prescribed by subdivision (c),
the department may in its sound discretion either award the contract
to the lowest responsible bidder meeting specifications who remains
willing to accept the award or else reject all bids.
(e) The amendments made to this section at the 1987-88 Regular
Session of the Legislature do not constitute a change in, but are
declaratory of, existing law.
SEC. 266. Section 10326.2 of the Public Contract Code is amended
to read:
10326.2. (a) As used in this section, "best value procurement"
means a contract award determined by objective criteria related to
price, features, functions, and life-cycle costs that may include the
following:
(1) Total cost of ownership, including warranty, under which all
repair costs are borne solely by the warranty provider, repair costs,
maintenance costs, fuel consumption, and salvage value.
(2) Product performance, productivity, and safety standards.
(3) The supplier's ability to perform to the contract
requirements.
(4) Environmental benefits, including reduction of greenhouse gas
emissions, reduction of air pollutant emissions, or reduction of
toxic or hazardous materials.
(b) The department may purchase and equip heavy mobile fleet
vehicles and special equipment for use by the Department of
Transportation by means of best value procurement, using
specifications and criteria developed in consultation with the
Department of Transportation.
(c) In addition to disclosure of the minimum requirements for
qualification, the solicitation document shall specify what business
performance measures in addition to price shall be given a weighted
value. The department shall use a scoring method based on those
factors and price in determining the successful bid. Any evaluation
and scoring method shall ensure substantial weight is given to the
contract price. The solicitation document shall provide for
submission of sealed price information. Evaluation of all criteria
other than price shall be completed before the opening of price
information.
(d) Upon written request of any bidder who has submitted a bid,
notice of the proposed award shall be posted in a public place in the
offices of the department at least 24 hours before awarding the
contract or purchase order. If, before making an award, any bidder
who has submitted a bid files a protest with the department against
the awarding of the contract or purchase order on the ground that his
or her bid should have been selected in accordance with the
selection criteria in the solicitation document, the contract or
purchase order shall not be awarded until either the protest has been
withdrawn or the department has made a final decision as to the
action to be taken relative to the protest. Within 10 days after
filing a protest, the protesting bidder shall file with the
department a full and complete written statement specifying in detail
the ground of the protest and the facts in support thereof.
(e) The total value of vehicles and equipment purchased through
best value procurement pursuant to this section shall be limited to
twenty million dollars ($20,000,000) annually.
(f) On or before June 1, 2020, the Department of General Services
shall prepare an evaluation of the best value procurement pilot
authorized by this section, including a recommendation on whether or
not the process should be continued. The evaluation shall be posted
on the Department of Transportation's Internet Web site on or before
June 30, 2020.
(g) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 267. Section 12102.2 of the Public Contract Code is amended
to read:
12102.2. (a) Contract awards for all large-scale systems
integration projects shall be based on the proposal that provides the
most value-effective solution to the state's requirements, as
determined by the evaluation criteria contained in the solicitation
document. Evaluation criteria for the acquisition of information
technology goods and services, including systems integration, shall
provide for the selection of a contractor on an objective basis not
limited to cost alone.
(1) The Department of Technology shall invite active
participation, review, advice, comment, and assistance from the
private sector and state agencies in developing procedures to
streamline and to make the acquisition process more efficient,
including, but not limited to, consideration of comprehensive
statements in the request for proposals of the business needs and
governmental functions, access to studies, planning documents,
feasibility study reports and draft requests for proposals applicable
to solicitations, minimizing the time and cost of the proposal
submittal and selection process, and development of a procedure for
submission and evaluation of a single proposal rather than multiple
proposals.
(2) Solicitations for acquisitions based on evaluation criteria
other than cost alone shall provide that sealed cost proposals shall
be submitted and that they shall be opened at a time and place
designated in the solicitation for bids and proposals. Evaluation of
all criteria, other than cost, shall be completed prior to the time
designated for public opening of cost proposals, and the results of
the completed evaluation shall be published immediately before the
opening of cost proposals. The state's contact person for
administration of the solicitation shall be identified in the
solicitation for bids and proposals, and that person shall execute a
certificate under penalty of perjury, which shall be made a permanent
part of the official contract file, that all cost proposals received
by the state have been maintained sealed and under lock and key
until the time cost proposals are opened.
(b) The acquisition of hardware acquired independently of a system
integration project may be made on the basis of lowest cost meeting
all other specifications.
(c) The 5 percent small business preference provided for in
Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3
of Title 2 of the Government Code and the regulations implementing
that chapter shall be accorded to all qualifying small businesses.
(d) For all transactions formally advertised, evaluation of
bidders' proposals for the purpose of determining contract award for
information technology goods shall provide for consideration of a
bidder's best financing alternatives, including lease or purchase
alternatives, if any bidder so requests, not less than 30 days prior
to the date of final bid submission, unless the acquiring agency can
prove to the satisfaction of the Department of General Services that
a particular financing alternative should not be so considered.
(e) Acquisition authority may be delegated by the Director of
General Services to any state agency that has been determined by the
Department of General Services to be capable of effective use of that
authority. This authority may be limited by the Department of
General Services. Acquisitions conducted under delegated authority
shall be reviewed by the Department of General Services on a
selective basis.
(f) To the extent practical, the solicitation documents shall
provide for a contract to be written to enable acquisition of
additional items to avoid essentially redundant acquisition processes
when it can be determined that it is economical to do so.
(g) Protest procedures shall be developed to provide bidders an
opportunity to protest any formal, competitive acquisition conducted
in accordance with this chapter. The procedures shall provide that
protests must be filed no later than five working days after the
issuance of an intent to award. Authority to protest may be limited
to participating bidders. The Director of Technology, or a person
designated by the director, may consider and decide on initial
protests of bids for information technology projects conducted by the
Department of Technology and telecommunications procurement made
pursuant to Section 12120. The Director of the Department of General
Services, or a person designated by the director, may consider and
decide on initial protests of all other information technology
acquisitions. A decision regarding an initial protest shall be final.
If prior to the last day to protest, any bidder who has submitted an
offer files a protest with the department against the awarding of
the contract on the ground that his or her bid or proposal should
have been selected in accordance with the selection criteria in the
solicitation document, the contract shall not be awarded
until either the protest has been
withdrawn or the Department of General Services has made a final
decision as to the action to be taken relating to the protest. Within
10 calendar days after filing a protest, the protesting bidder shall
file with the Department of General Services a full and complete
written statement specifying in detail the grounds of the protest and
the facts in support thereof.
(h) Consistent with the procedures established and administered by
the Department of General Services, information technology goods
that have been determined to be surplus to state needs shall be
disposed of in a manner that will best serve the interests of the
state. Procedures governing the disposal of surplus goods may include
auction or transfer to local governmental entities.
(i) A supplier may be excluded from bid processes if the supplier'
s performance with respect to a previously awarded contract has been
unsatisfactory, as determined by the state in accordance with
established procedures that shall be maintained in the State
Administrative Manual. This exclusion may not exceed 36 months for
any one determination of unsatisfactory performance. Any supplier
excluded in accordance with this section shall be reinstated as a
qualified supplier at any time during this 36-month period, upon
demonstrating to the Department of General Services' satisfaction
that the problems that resulted in the supplier's exclusion have been
corrected.
SEC. 268. Section 4116 of the Public Resources Code is amended to
read:
4116. Any claim for damages arising against the state under
Section 4114 or 4115 shall be presented to the Department of General
Services in accordance with Part 3 (commencing with Section 900) and
Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of
the Government Code and, if not covered by insurance, shall be
payable only out of funds appropriated by the Legislature for that
purpose. If the state has elected to acquire liability insurance, the
Department of General Services may automatically deny this claim.
SEC. 269. Section 4602.6 of the Public Resources Code is amended
to read:
4602.6. (a) If a timber operator believes that a forest officer
lacked reasonable cause to issue or extend a stop order pursuant to
Section 4602.5, the timber operator may present a claim to the
Department of General Services pursuant to Part 3 (commencing with
Section 900) of Division 3.6 of Title 1 of the Government Code for
compensation and damages resulting from the stopping of timber
operations.
(b) If the Department of General Services finds that the forest
officer lacked reasonable cause to issue or extend the stop order,
the department shall award a sum of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000) per day for each
day the order was in effect.
SEC. 270. Section 5093.68 of the Public Resources Code is amended
to read:
5093.68. (a) Within the boundaries of special treatment areas
adjacent to wild, scenic, or recreational river segments, all of the
following provisions shall apply, in addition to any other applicable
provision under this chapter or generally, whether by statute or
regulation:
(1) A timber operator, whether licensed or not, is responsible for
the actions of his or her employees. The registered professional
forester who prepares and signs a timber harvesting plan, a timber
management plan, or a notice of timber operations is responsible for
its contents, but is not responsible for the implementation or
execution of the plan or notice unless employed for that purpose.
(2) A registered professional forester preparing a timber
harvesting plan shall certify that he or she or a qualified
representative has personally inspected the plan area on the ground.
(b) In order to temporarily suspend timber operations that are
being conducted within special treatment areas adjacent to wild,
scenic, or recreational rivers designated pursuant to Section
5093.54, while judicial remedies are pursued pursuant to this
section, an inspecting forest officer of the Department of Forestry
and Fire Protection may issue a written timber operations stop order
if, upon reasonable cause, the officer determines that a timber
operation is being conducted, or is about to be conducted, in
violation of Chapter 8 (commencing with Section 4511) of Part 2 of
Division 4, or of rules and regulations adopted pursuant to those
provisions, and that the violation or threatened violation would
result in imminent and substantial damage to soil, water, or timber
resources or to fish and wildlife habitat. A stop order shall apply
only to those acts or omissions that are the proximate cause of the
violation or that are reasonably foreseen would be the proximate
cause of a violation. The stop order shall be effective immediately
and throughout the next day.
(c) A supervising forest officer may, after an onsite
investigation, extend a stop order issued pursuant to subdivision (b)
for up to five days, excluding Saturday and Sunday, if the forest
officer finds that the original stop order was issued upon reasonable
cause. A stop order shall not be issued or extended for the same act
or omission more than one time.
(d) Each stop order shall identify the specific act or omission
that constitutes a violation or that, if foreseen, would constitute a
violation, the specific timber operation that is to be stopped, and
any corrective or mitigative actions that may be required.
(e) The Department of Forestry and Fire Protection may terminate
the stop order if the timber operator enters into a written agreement
with the department assuring that the timber operator will resume
operations in compliance with the provisions of Chapter 8 (commencing
with Section 4511) of Part 2 of Division 4, and with the rules and
regulations adopted pursuant to those provisions, and will correct
any violation. The department may require a reasonable cash deposit
or bond payable to the department as a condition of compliance with
the agreement.
(f) Notice of the issuance of a stop order or an extension of a
stop order shall be deemed to have been made to all persons working
on the timber operation when a copy of the written order is delivered
to the person in charge of operations at the time that the order is
issued or, if no persons are present at that time, by posting a copy
of the order conspicuously on the yarder or log loading equipment at
a currently active landing on the timber operations site. If no
person is present at the site when the order is issued, the issuing
forest officer shall deliver a copy of the order to the timber
operator either in person or to the operator's address of record
prior to the commencement of the next working day.
(g) As used in this section, "forest officer" means a registered
professional forester employed by the Department of Forestry and Fire
Protection in a civil service classification of forester II or
higher grade.
(h) (1) Failure of the timber operator or an employee of the
timber operator, after receiving notice pursuant to this section, to
comply with a validly issued stop order is a violation of this
section and is a misdemeanor punishable by a fine of not less than
five hundred dollars ($500), or by imprisonment for not more than one
year in the county jail, or both. The person shall also be subject
to civil damages to the state not to exceed ten thousand dollars
($10,000) for each misdemeanor violation. However, in all cases, the
timber operator, and not an employee of the operator or any other
person, shall be charged with that violation. Each day or portion
thereof that the violation continues shall constitute a new and
separate offense.
(2) In determining the penalty for a timber operator guilty of
violating a validly issued stop order, the court shall take into
consideration all relevant circumstances, including, but not limited
to, the following:
(A) The extent of harm to soil, water, or timber resources or to
fish and wildlife habitat.
(B) Corrective action, if any, taken by the defendant.
(i) Nothing in this section prevents a timber operator from
seeking an alternative writ as prescribed in Chapter 2 (commencing
with Section 1084) of Title 1 of Part 3 of the Code of Civil
Procedure, or as provided by any other provision of law.
(j) (1) If a timber operator believes that a forest officer lacked
reasonable cause to issue or extend a stop order pursuant to this
section, the timber operator may present a claim to the Department of
General Services pursuant to Part 3 (commencing with Section 900) of
Division 3.6 of Title 1 of the Government Code for compensation and
damages resulting from the stopping of timber operations.
(2) If the Department of General Services finds that the forest
officer lacked reasonable cause to issue or extend the stop order,
the board shall award a sum of not less than one hundred dollars
($100), nor more than one thousand dollars ($1,000), per day for each
day the order was in effect.
SEC. 271. Chapter 6.7 (commencing with Section 21189.50) is added
to Division 13 of the Public Resources Code, to read:
CHAPTER 6.7. JUDICIAL REVIEW OF CAPITOL BUILDING ANNEX
PROJECTS
21189.50. As used in this chapter, "capitol building annex
project" means any work of construction of a state capitol building
annex or restoration, rehabilitation, renovation, or reconstruction
of the State Capitol Building Annex described in Section 9105 of the
Government Code that is performed pursuant to Article 5.2 (commencing
with Section 9112) of Chapter 1.5 of Part 1 of Division 2 of Title 2
of the Government Code.
21189.51. On or before July 1, 2017, the Judicial Council shall
adopt a rule of court to establish procedures applicable to actions
or proceedings brought to attack, review, set aside, void, or annul
the certification of the environmental impact report for a capitol
building annex project or the granting of any project approvals that
require the actions or proceedings, including any potential appeals
therefrom, be resolved, to the extent feasible, within 270 days of
certification of the record of proceedings pursuant to Section
21189.52.
21189.52. (a) The lead agency shall prepare and certify the
record of the proceedings in accordance with this section and in
accordance with Rule 3.1365 of the California Rules of Court.
(b) No later than three business days following the date of the
release of the draft environmental impact report, the lead agency
shall make available to the public in a readily accessible electronic
format the draft environmental impact report and all other documents
submitted to or relied on by the lead agency in the preparation of
the draft environmental impact report. A document prepared by the
lead agency after the date of the release of the draft environmental
impact report that is a part of the record of the proceedings shall
be made available to the public in a readily accessible electronic
format within five business days after the document is prepared or
received by the lead agency.
(c) Notwithstanding subdivision (b), documents submitted to or
relied on by the lead agency that were not prepared specifically for
the capitol building annex project and are copyright protected are
not required to be made readily accessible in an electronic format.
For those copyright protected documents, the lead agency shall make
an index of these documents available in an electronic format no
later than the date of the release of the draft environmental impact
report, or within five business days if the document is received or
relied on by the lead agency after the release of the draft
environmental impact report. The index must specify the libraries or
lead agency offices in which hard copies of the copyrighted materials
are available for public review.
(d) The lead agency shall encourage written comments on the
capitol building annex project to be submitted in a readily
accessible electronic format, and shall make any such comment
available to the public in a readily accessible electronic format
within five days of its receipt.
(e) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make it
available to the public in that format.
(f) The lead agency shall indicate in the record of the
proceedings comments received that were not considered by the lead
agency pursuant to subdivision (d) of Section 21189.55 and need not
include the content of the comments as a part of the record.
(g) Within five days after the filing of the notice required by
subdivision (a) of Section 21152, the lead agency shall certify the
record of the proceedings for the approval or determination and shall
provide an electronic copy of the record to a party that has
submitted a written request for a copy. The lead agency may charge
and collect a reasonable fee from a party requesting a copy of the
record for the electronic copy, which shall not exceed the reasonable
cost of reproducing that copy.
(h) Within 10 days after being served with a complaint or a
petition for a writ of mandate, the lead agency shall lodge a copy of
the certified record of proceedings with the superior court.
(i) Any dispute over the content of the record of the proceedings
shall be resolved by the superior court. Unless the superior court
directs otherwise, a party disputing the content of the record shall
file a motion to augment the record at the time it files its initial
brief.
(j) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6.
21189.53. (a) In granting relief in an action or proceeding
brought pursuant to this chapter, the court shall not enjoin the
capitol building annex project unless the court finds either of the
following:
(1) The continuation of the capitol building annex project
presents an imminent threat to the public health and safety.
(2) The capitol building annex project site contains unforeseen
important Native American artifacts or unforeseen important
historical, archaeological, or ecological values that would be
materially, permanently, and adversely affected by the continuation
of the capitol building annex project unless the court stays or
enjoins the capitol building annex project.
(b) If the court finds that either paragraph (1) or (2) of
subdivision (a) is satisfied, the court shall only enjoin those
specific activities associated with the capitol building annex
project that present an imminent threat to public health and safety
or that materially, permanently, and adversely affect unforeseen
important Native American artifacts or unforeseen important
historical, archaeological, or ecological values.
21189.54. (a) The draft and final environmental impact report
shall include a notice in not less than 12-point type stating the
following:
THIS EIR IS SUBJECT TO CHAPTER 6.7 (COMMENCING WITH SECTION
21189.50) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH
PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER
CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD
FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION
OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS
SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS 21189.51 TO 21189.53,
INCLUSIVE, OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.7
(COMMENCING WITH SECTION 21189.50) OF DIVISION 13 OF THE PUBLIC
RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.
(b) The draft environmental impact report and final environmental
impact report shall contain, as an appendix, the full text of this
chapter.
21189.55. (a) Within 10 days after the release of the draft
environmental impact report, the lead agency shall conduct an
informational workshop to inform the public of the key analyses and
conclusions of that report.
(b) Within 10 days before the close of the public comment period,
the lead agency shall hold a public hearing to receive testimony on
the draft environmental impact report. A transcript of the hearing
shall be included as an appendix to the final environmental impact
report.
(c) (1) Within five days following the close of the public comment
period, a commenter on the draft environmental impact report may
submit to the lead agency a written request for nonbinding mediation.
The lead agency shall participate in nonbinding mediation with all
commenters who submitted timely comments on the draft environmental
impact report and who requested the mediation. Mediation conducted
pursuant to this paragraph shall end no later than 35 days after the
close of the public comment period.
(2) A request for mediation shall identify all areas of dispute
raised in the comment submitted by the commenter that are to be
mediated.
(3) The lead agency shall select one or more mediators who shall
be retired judges or recognized experts with at least five years
experience in land use and environmental law or science, or
mediation.
(4) A mediation session shall be conducted on each area of dispute
with the parties requesting mediation on that area of dispute.
(5) The lead agency shall adopt, as a condition of approval, any
measures agreed upon by the lead agency and any commenter who
requested mediation. A commenter who agrees to a measure pursuant to
this subparagraph shall not raise the issue addressed by that measure
as a basis for an action or proceeding challenging the lead agency's
decision to certify the environmental impact report or to grant one
or more initial project approvals.
(d) The lead agency need not consider written comments submitted
after the close of the public comment period, unless those comments
address any of the following:
(1) New issues raised in the response to comments by the lead
agency.
(2) New information released by the public agency subsequent to
the release of the draft environmental impact report, such as new
information set forth or embodied in a staff report, proposed permit,
proposed resolution, ordinance, or similar documents.
(3) Changes made to the project after the close of the public
comment period.
(4) Proposed conditions for approval, mitigation measures, or
proposed findings required by Section 21081 or a proposed reporting
and monitoring program required by paragraph (1) of subdivision (a)
of Section 21081.6, where the lead agency releases those documents
subsequent to the release of the draft environmental impact report.
(5) New information that was not reasonably known and could not
have been reasonably known during the public comment period.
21189.56. The provisions of this chapter are severable. If any
provision of this chapter or its application is held to be invalid,
that invalidity shall not affect any other provision or application
that can be given effect without the invalid provision or
application.
21189.57. Except as otherwise provided expressly in this chapter,
nothing in this chapter affects the duty of any party to comply with
this division.
SEC. 272. Section 30171.2 of the Public Resources Code is amended
to read:
30171.2. (a) Except as provided in subdivision (b), on and after
January 1, 1985, no agricultural conversion fees may be levied or
collected under the agricultural subsidy program provided in the
local coastal program of the City of Carlsbad that was adopted and
certified pursuant to Section 30171. All other provisions of that
program shall continue to be operative, including the right to
develop designated areas as provided in the program.
(b) This section shall not affect any right or obligation under
any agreement or contract entered into prior to January 1, 1985,
pursuant to that agricultural subsidy program, including the payment
of any fees and the right of development in accordance with the
provisions of the agreement or contract. As to these properties, the
agricultural subsidy fees in existence as of December 31, 1984, shall
be paid and allocated within the City of Carlsbad, or on projects
outside the city that benefit agricultural programs within the city,
in accordance with the provisions of the agricultural subsidy program
as it existed on September 30, 1984.
(c) Any agricultural conversion fees collected pursuant to the
agricultural subsidy program and not deposited in the agricultural
improvement fund in accordance with the local coastal program or that
have not been expended in the form of agricultural subsidies
assigned to landowners by the local coastal program land use policy
plan on January 1, 1985, shall be used by the Department of General
Services to reimburse the party that paid the fees if no agreements
or contracts have been entered into or to the original parties to the
agreements or contracts referred to in subdivision (b) in proportion
to the amount of fees paid by the parties. However, if the property
subject to the fee was under option at the time that the original
agreement or contract was entered into and the optionee was a party
to the agricultural subsidy agreement, payments allocable to that
property shall be paid to the optionee in the event the optionee has
exercised the option. Reimbursements under this section shall be paid
within 90 days after January 1, 1985, or payment of the fee,
whichever occurs later, and only after waiver by the party being
reimbursed of any potential legal rights resulting from enactment of
this section.
(d) (1) Any person entitled to reimbursement of fees under
subdivision (c) shall file a claim with the Department of General
Services, which shall determine the validity of the claim and pay
that person a pro rata share based on the relative amounts of fees
paid under the local coastal program or any agreement or contract
entered pursuant thereto.
(2) There is hereby appropriated to the Department of General
Services the fees referred to in subdivision (c), for the purpose of
making refunds under this section.
(e) Notwithstanding any geographical limitation contained in this
division, funds deposited pursuant to subdivision (b) may be expended
for physical or institutional development improvements needed to
facilitate long-term agricultural production within the City of
Carlsbad. These funds may be used to construct improvements outside
the coastal zone boundaries in San Diego County if the improvements
are not inconsistent with the Carlsbad local coastal program and the
State Coastal Conservancy determines that the improvements will
benefit agricultural production within the coastal zone of the City
of Carlsbad.
SEC. 273. Section 17059.2 of the Revenue and Taxation Code is
amended to read:
17059.2. (a) (1) For each taxable year beginning on and after
January 1, 2014, and before January 1, 2025, there shall be allowed
as a credit against the "net tax," as defined in Section 17039, an
amount as determined by the committee pursuant to paragraph (2) and
approved pursuant to Section 18410.2.
(2) The credit under this section shall be allocated by GO-Biz
with respect to the 2013-14 fiscal year through and including the
2017-18 fiscal year. The amount of credit allocated to a taxpayer
with respect to a fiscal year pursuant to this section shall be as
set forth in a written agreement between GO-Biz and the taxpayer and
shall be based on the following factors:
(A) The number of jobs the taxpayer will create or retain in this
state.
(B) The compensation paid or proposed to be paid by the taxpayer
to its employees, including wages and fringe benefits.
(C) The amount of investment in this state by the taxpayer.
(D) The extent of unemployment or poverty in the area according to
the United States Census in which the taxpayer's project or business
is proposed or located.
(E) The incentives available to the taxpayer in this state,
including incentives from the state, local government, and other
entities.
(F) The incentives available to the taxpayer in other states.
(G) The duration of the proposed project and the duration the
taxpayer commits to remain in this state.
(H) The overall economic impact in this state of the taxpayer's
project or business.
(I) The strategic importance of the taxpayer's project or business
to the state, region, or locality.
(J) The opportunity for future growth and expansion in this state
by the taxpayer's business.
(K) The extent to which the anticipated benefit to the state
exceeds the projected benefit to the taxpayer from the tax credit.
(3) The written agreement entered into pursuant to paragraph (2)
shall include:
(A) Terms and conditions that include the taxable year or years
for which the credit allocated shall be allowed, a minimum
compensation level, and a minimum job retention period.
(B) Provisions indicating whether the credit is to be allocated in
full upon approval or in increments based on mutually agreed upon
milestones when satisfactorily met by the taxpayer.
(C) Provisions that allow the committee to recapture the credit,
in whole or in part, if the taxpayer fails to fulfill the terms and
conditions of the written agreement.
(b) For purposes of this section:
(1) "Committee" means the California Competes Tax Credit Committee
established pursuant to Section 18410.2.
(2) "GO-Biz" means the Governor's Office of Business and Economic
Development.
(c) For purposes of this section, GO-Biz shall do the following:
(1) Give priority to a taxpayer whose project or business is
located or proposed to be located in an area of high unemployment or
poverty.
(2) Negotiate with a taxpayer the terms and conditions of proposed
written agreements that provide the credit allowed pursuant to this
section to a taxpayer.
(3) Provide the negotiated written agreement to the committee for
its approval pursuant to Section 18410.2.
(4) Inform the Franchise Tax Board of the terms and conditions of
the written agreement upon approval of the written agreement by the
committee.
(5) Inform the Franchise Tax Board of any recapture, in whole or
in part, of a previously allocated credit upon approval of the
recapture by the committee.
(6) Post on its Internet Web site all of the following:
(A) The name of each taxpayer allocated a credit pursuant to this
section.
(B) The estimated amount of the investment by each taxpayer.
(C) The estimated number of jobs created or retained.
(D) The amount of the credit allocated to the taxpayer.
(E) The amount of the credit recaptured from the taxpayer, if
applicable.
(7) When determining whether to enter into a written agreement
with a taxpayer pursuant to this section, GO-Biz may consider other
factors, including, but not
limited to, the following:
(A) The financial solvency of the taxpayer and the taxpayer's
ability to finance its proposed expansion.
(B) The taxpayer's current and prior compliance with federal and
state laws.
(C) Current and prior litigation involving the taxpayer.
(D) The reasonableness of the fee arrangement between the taxpayer
and any third party providing any services related to the credit
allowed pursuant to this section.
(E) Any other factors GO-Biz deems necessary to ensure that the
administration of the credit allowed pursuant to this section is a
model of accountability and transparency and that the effective use
of the limited amount of credit available is maximized.
(d) For purposes of this section, the Franchise Tax Board shall do
all of the following:
(1) (A) Except as provided in subparagraph (B), review the books
and records of all taxpayers allocated a credit pursuant to this
section to ensure compliance with the terms and conditions of the
written agreement between the taxpayer and GO-Biz.
(B) In the case of a taxpayer that is a "small business," as
defined in Section 17053.73, review the books and records of the
taxpayer allocated a credit pursuant to this section to ensure
compliance with the terms and conditions of the written agreement
between the taxpayer and GO-Biz when, in the sole discretion of the
Franchise Tax Board, a review of those books and records is
appropriate or necessary in the best interests of the state.
(2) Notwithstanding Section 19542:
(A) Notify GO-Biz of a possible breach of the written agreement by
a taxpayer and provide detailed information regarding the basis for
that determination.
(B) Provide information to GO-Biz with respect to whether a
taxpayer is a "small business," as defined in Section 17053.73.
(e) In the case where the credit allowed under this section
exceeds the "net tax," as defined in Section 17039, for a taxable
year, the excess credit may be carried over to reduce the "net tax"
in the following taxable year, and succeeding five taxable years, if
necessary, until the credit has been exhausted.
(f) Any recapture, in whole or in part, of a credit approved by
the committee pursuant to Section 18410.2 shall be treated as a
mathematical error appearing on the return. Any amount of tax
resulting from that recapture shall be assessed by the Franchise Tax
Board in the same manner as provided by Section 19051. The amount of
tax resulting from the recapture shall be added to the tax otherwise
due by the taxpayer for the taxable year in which the committee's
recapture determination occurred.
(g) (1) The aggregate amount of credit that may be allocated in
any fiscal year pursuant to this section and Section 23689 shall be
an amount equal to the sum of subparagraphs (A), (B), and (C), less
the amount specified in subparagraphs (D) and (E):
(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
year, one hundred fifty million dollars ($150,000,000) for the
2014-15 fiscal year, and two hundred million dollars ($200,000,000)
for each fiscal year from 2015-16 to 2017-18, inclusive.
(B) The unallocated credit amount, if any, from the preceding
fiscal year.
(C) The amount of any previously allocated credits that have been
recaptured.
(D) The amount estimated by the Director of Finance, in
consultation with the Franchise Tax Board and the State Board of
Equalization, to be necessary to limit the aggregation of the
estimated amount of exemptions claimed pursuant to Section 6377.1 and
of the amounts estimated to be claimed pursuant to this section and
Sections 17053.73, 23626, and 23689 to no more than seven hundred
fifty million dollars ($750,000,000) for either the current fiscal
year or the next fiscal year.
(i) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee of the estimated annual allocation
authorized by this paragraph. Any allocation pursuant to these
provisions shall be made no sooner than 30 days after written
notification has been provided to the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the committees
of each house of the Legislature that consider appropriation, or not
sooner than whatever lesser time the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, may determine.
(ii) In no event shall the amount estimated in this subparagraph
be less than zero dollars ($0).
(E) (i) For the 2015-16 fiscal year and each fiscal year
thereafter, the amount of credit estimated by the Director of Finance
to be allowed to all qualified taxpayers for that fiscal year
pursuant to subparagraph (A) or subparagraph (B) of paragraph (1) of
subdivision (c) of Section 23636.
(ii) If the amount available per fiscal year pursuant to this
section and Section 23689 is less than the aggregate amount of credit
estimated by the Director of Finance to be allowed to qualified
taxpayers pursuant to subparagraph (A) or subparagraph (B) of
paragraph (1) of subdivision (c) of Section 23636, the aggregate
amount allowed pursuant to Section 23636 shall not be reduced and, in
addition to the reduction required by clause (i), the aggregate
amount of credit that may be allocated pursuant to this section and
Section 23689 for the next fiscal year shall be reduced by the amount
of that deficit.
(iii) It is the intent of the Legislature that the reductions
specified in this subparagraph of the aggregate amount of credit that
may be allocated pursuant to this section and Section 23689 shall
continue if the repeal dates of the credits allowed by this section
and Section 23689 are removed or extended.
(2) (A) In addition to the other amounts determined pursuant to
paragraph (1), the Director of Finance may increase the aggregate
amount of credit that may be allocated pursuant to this section and
Section 23689 by up to twenty-five million dollars ($25,000,000) per
fiscal year through the 2017-18 fiscal year. The amount of any
increase made pursuant to this paragraph, when combined with any
increase made pursuant to paragraph (2) of subdivision (g) of Section
23689, shall not exceed twenty-five million dollars ($25,000,000)
per fiscal year through the 2017-18 fiscal year.
(B) It is the intent of the Legislature that the Director of
Finance increase the aggregate amount under subparagraph (A) in order
to mitigate the reduction of the amount available due to the credit
allowed to all qualified taxpayers pursuant to subparagraph (A) or
(B) of paragraph (1) of subdivision (c) of Section 23636.
(3) Each fiscal year, 25 percent of the aggregate amount of the
credit that may be allocated pursuant to this section and Section
23689 shall be reserved for small business, as defined in Section
17053.73 or 23626.
(4) Each fiscal year, no more than 20 percent of the aggregate
amount of the credit that may be allocated pursuant to this section
shall be allocated to any one taxpayer.
(h) GO-Biz may prescribe rules and regulations as necessary to
carry out the purposes of this section. Any rule or regulation
prescribed pursuant to this section may be by adoption of an
emergency regulation in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(i) A written agreement between GO-Biz and a taxpayer with respect
to the credit authorized by this section shall comply with existing
law on the date the agreement is executed.
(j) (1) Upon the effective date of this section, the Department of
Finance shall estimate the total dollar amount of credits that will
be claimed under this section with respect to each fiscal year from
the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
(2) The Franchise Tax Board shall annually provide to the Joint
Legislative Budget Committee, by no later than March 1, a report of
the total dollar amount of the credits claimed under this section
with respect to the relevant fiscal year. The report shall compare
the total dollar amount of credits claimed under this section with
respect to that fiscal year with the department's estimate with
respect to that same fiscal year. If the total dollar amount of
credits claimed for the fiscal year is less than the estimate for
that fiscal year, the report shall identify options for increasing
annual claims of the credit so as to meet estimated amounts.
(k) This section is repealed on December 1, 2025.
SEC. 274. Section 23636 of the Revenue and Taxation Code is
amended to read:
23636. (a) For each taxable year beginning on or after January 1,
2016, and before January 1, 2031, a qualified taxpayer shall be
allowed a credit against the "tax," as defined in Section 23036, in
an amount equal to 171/2 percent of qualified wages paid or incurred
by the qualified taxpayer during the taxable year to qualified
full-time employees, subject to the limitations under subdivision
(c).
(b) For purposes of this section:
(1) "Annual full-time equivalent" means either of the following:
(A) In the case of a qualified full-time employee paid hourly
qualified wages, "annual full-time equivalent" means the total number
of hours worked for the qualified taxpayer by the qualified
full-time employee, not to exceed 2,000 hours per employee, divided
by 2,000.
(B) In the case of a salaried qualified full-time employee,
"annual full-time equivalent" means the total number of weeks worked
for the qualified taxpayer by the qualified employee divided by 52.
(2) "Qualified full-time employee" means an individual that is
employed in this state by the qualified taxpayer and satisfies both
of the following:
(A) The individual's services for the qualified taxpayer are
performed in this state and are at least 80 percent directly related
to the qualified taxpayer's prime contract or subcontract to design,
test, manufacture property, or otherwise support production of
property for ultimate use in or as a component of a new advanced
strategic aircraft for the United States Air Force.
(B) The individual is paid compensation from the qualified
taxpayer that satisfies either of the following conditions:
(i) Is paid qualified wages by the qualified taxpayer for services
not less than an average of 35 hours per week.
(ii) Is paid a salary by the qualified taxpayer as compensation
during the taxable year for full-time employment, within the meaning
of Section 515 of the Labor Code.
(3) "Qualified taxpayer" means any taxpayer that is either a prime
contractor awarded a prime contract or a major first-tier
subcontractor awarded a subcontract to manufacture property for
ultimate use in or as a component of a new advanced strategic
aircraft for the United States Air Force. For purposes of this
paragraph, the term "prime contractor" means a contractor that was
awarded a prime contract for the manufacturing of a new advanced
strategic aircraft for the United States Air Force. For purposes of
this paragraph, the term "major first-tier subcontractor" means a
subcontractor that was awarded a subcontract in an amount of at least
35 percent of the amount of the initial prime contract awarded for
the manufacturing of a new advanced strategic aircraft for the United
States Air Force.
(4) "Qualified wages" means wages paid or incurred by the
qualified taxpayer during the taxable year with respect to qualified
full-time employees that are direct labor costs, within the meaning
of Section 263A of the Internal Revenue Code, relating to
capitalization and inclusion in inventory costs of certain expenses,
allocable to property manufactured in this state by the qualified
taxpayer for ultimate use in or as a component of a new advanced
strategic aircraft for the United States Air Force.
(5) "New advanced strategic aircraft for the United States Air
Force" means a new advanced strategic aircraft developed and produced
for the United States Air Force under the New Advanced Strategic
Aircraft Program.
(6) "New Advanced Strategic Aircraft Program" means the project to
design, test, manufacture, or otherwise support production of a new
advanced strategic aircraft for the United States Air Force under a
contract that is expected to be awarded in the first or second
calendar quarter of 2015. "New Advanced Strategic Aircraft Program"
does not include any contract awarded prior to August 1, 2014, and
does not include a program to upgrade, modernize, sustain, or
otherwise modify a current United States Air Force bomber program,
including, but not limited to, the B-52, B-1, or B-2 programs.
(7) "Total annual full-time equivalents" means the number of a
qualified taxpayer's qualified full-time employees computed on an
annual full-time equivalent basis for the taxable year.
(c) (1) The total aggregate amount of the credit that may be
allowed to all qualified taxpayers pursuant to this section shall be
as follows:
(A) In years one through five of the credit, the total aggregate
amount of the credit that may be allowed to all qualified taxpayers
pursuant to this section shall not exceed twenty- five million
dollars ($25,000,000) per calendar year.
(B) In years 6 through 10 of the credit, the total aggregate
amount of the credit that may be allowed to all qualified taxpayers
pursuant to this section shall not exceed twenty-eight million
dollars ($28,000,000) per calendar year.
(C) In years 11 through 15 of the credit, the total aggregate
amount of the credit that may be allowed to all qualified taxpayers
pursuant to this section shall not exceed thirty-one million dollars
($31,000,000) per calendar year.
(2) The aggregate number of total annual full-time equivalents of
all qualified taxpayers with respect to which a credit amount may be
allowed under this section for a calendar year shall not exceed
1,100.
(3) (A) The Franchise Tax Board shall allocate the credit to the
qualified taxpayers on a first-come-first-served basis, determined by
the date the qualified taxpayer's timely filed original tax return
is received by the Franchise Tax Board. If the returns of two or more
qualified taxpayers are received on the same day and the amount of
credit remaining to be allocated is insufficient to be allocated
fully to each, the credit remaining shall be allocated to those
qualified taxpayers on a pro rata basis.
(B) For purposes of this paragraph, the date a return is received
shall be determined by the Franchise Tax Board. The determination of
the Franchise Tax Board as to the date a return is received and
whether a return has been timely filed for purposes of this paragraph
may not be reviewed in any administrative or judicial proceeding.
(C) Any disallowance of a credit claimed due to the limitations
specified in this subdivision shall be treated as a mathematical
error appearing on the return. Any amount of tax resulting from that
disallowance may be assessed by the Franchise Tax Board in the same
manner as provided in Section 19051.
(4) The credit allowed under this section must be claimed on a
timely filed original return.
(d) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
following year, and the seven succeeding years if necessary, until
the credit is exhausted.
(e) A credit shall not be allowed unless the credit was reflected
within the bid upon which the qualified taxpayer's prime contract or
subcontract to manufacture property for ultimate use in or as a
component of a New Advanced Strategic Aircraft Program is based by
reducing the amount of the bid by a good faith estimate of the amount
of the credit allowable under this section.
(f) All references to the credit and ultimate cost reductions
incorporated into any successful bid that was awarded a prime
contract or subcontract and for which a qualified taxpayer is making
a claim shall be made available to the Franchise Tax Board upon
request.
(g) If the qualified taxpayer is allowed a credit pursuant to this
section for qualified wages paid or incurred, only one credit shall
be allowed to the taxpayer under this part with respect to any wage
consisting in whole or in part of those qualified wages.
(h) (1) The Franchise Tax Board may prescribe regulations
necessary or appropriate to carry out the purposes of this section.
(2) The Franchise Tax Board may also prescribe rules, guidelines,
or procedures necessary or appropriate to carry out the purposes of
this section. Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code shall not apply to
any rule, guideline, or procedure prescribed by the Franchise Tax
Board pursuant to this section.
(i) This section shall remain in effect only until December 1,
2031, and as of that date is repealed.
SEC. 275. Section 23689 of the Revenue and Taxation Code is
amended to read:
23689. (a) (1) For each taxable year beginning on and after
January 1, 2014, and before January 1, 2025, there shall be allowed
as a credit against the "tax," as defined in Section 23036, an amount
as determined by the committee pursuant to paragraph (2) and
approved pursuant to Section 18410.2.
(2) The credit under this section shall be allocated by GO-Biz
with respect to the 2013-14 fiscal year through and including the
2017-18 fiscal year. The amount of credit allocated to a taxpayer
with respect to a fiscal year pursuant to this section shall be as
set forth in a written agreement between GO-Biz and the taxpayer and
shall be based on the following factors:
(A) The number of jobs the taxpayer will create or retain in this
state.
(B) The compensation paid or proposed to be paid by the taxpayer
to its employees, including wages and fringe benefits.
(C) The amount of investment in this state by the taxpayer.
(D) The extent of unemployment or poverty in the area according to
the United States Census in which the taxpayer's project or business
is proposed or located.
(E) The incentives available to the taxpayer in this state,
including incentives from the state, local government, and other
entities.
(F) The incentives available to the taxpayer in other states.
(G) The duration of the proposed project and the duration the
taxpayer commits to remain in this state.
(H) The overall economic impact in this state of the taxpayer's
project or business.
(I) The strategic importance of the taxpayer's project or business
to the state, region, or locality.
(J) The opportunity for future growth and expansion in this state
by the taxpayer's business.
(K) The extent to which the anticipated benefit to the state
exceeds the projected benefit to the taxpayer from the tax credit.
(3) The written agreement entered into pursuant to paragraph (2)
shall include:
(A) Terms and conditions that include the taxable year or years
for which the credit allocated shall be allowed, a minimum
compensation level, and a minimum job retention period.
(B) Provisions indicating whether the credit is to be allocated in
full upon approval or in increments based on mutually agreed upon
milestones when satisfactorily met by the taxpayer.
(C) Provisions that allow the committee to recapture the credit,
in whole or in part, if the taxpayer fails to fulfill the terms and
conditions of the written agreement.
(b) For purposes of this section:
(1) "Committee" means the California Competes Tax Credit Committee
established pursuant to Section 18410.2.
(2) "GO-Biz" means the Governor's Office of Business and Economic
Development.
(c) For purposes of this section, GO-Biz shall do the following:
(1) Give priority to a taxpayer whose project or business is
located or proposed to be located in an area of high unemployment or
poverty.
(2) Negotiate with a taxpayer the terms and conditions of proposed
written agreements that provide the credit allowed pursuant to this
section to a taxpayer.
(3) Provide the negotiated written agreement to the committee for
its approval pursuant to Section 18410.2.
(4) Inform the Franchise Tax Board of the terms and conditions of
the written agreement upon approval of the written agreement by the
committee.
(5) Inform the Franchise Tax Board of any recapture, in whole or
in part, of a previously allocated credit upon approval of the
recapture by the committee.
(6) Post on its Internet Web site all of the following:
(A) The name of each taxpayer allocated a credit pursuant to this
section.
(B) The estimated amount of the investment by each taxpayer.
(C) The estimated number of jobs created or retained.
(D) The amount of the credit allocated to the taxpayer.
(E) The amount of the credit recaptured from the taxpayer, if
applicable.
(7) When determining whether to enter into a written agreement
with a taxpayer pursuant to this section, GO-Biz may consider other
factors, including, but not limited to, the following:
(A) The financial solvency of the taxpayer and the taxpayer's
ability to finance its proposed expansion.
(B) The taxpayer's current and prior compliance with federal and
state laws.
(C) Current and prior litigation involving the taxpayer.
(D) The reasonableness of the fee arrangement between the taxpayer
and any third party providing any services related to the credit
allowed pursuant to this section.
(E) Any other factors GO-Biz deems necessary to ensure that the
administration of the credit allowed pursuant to this section is a
model of accountability and transparency and that the effective use
of the limited amount of credit available is maximized.
(d) For purposes of this section, the Franchise Tax Board shall do
all of the following:
(1) (A) Except as provided in subparagraph (B), review the books
and records of all taxpayers allocated a credit pursuant to this
section to ensure compliance with the terms and conditions of the
written agreement between the taxpayer and GO-Biz.
(B) In the case of a taxpayer that is a "small business," as
defined in Section 23626, review the books and records of the
taxpayer allocated a credit pursuant to this section to ensure
compliance with the terms and conditions of the written agreement
between the taxpayer and GO-Biz when, in the sole discretion of the
Franchise Tax Board, a review of those books and records is
appropriate or necessary in the best interests of the state.
(2) Notwithstanding Section 19542:
(A) Notify GO-Biz of a possible breach of the written agreement by
a taxpayer and provide detailed information regarding the basis for
that determination.
(B) Provide information to GO-Biz with respect to whether a
taxpayer is a "small business," as defined in Section 23626.
(e) In the case where the credit allowed under this section
exceeds the "tax," as defined in Section 23036, for a taxable year,
the excess credit may be carried over to reduce the "tax" in the
following taxable year, and succeeding five taxable years, if
necessary, until the credit has been exhausted.
(f) Any recapture, in whole or in part, of a credit approved by
the committee pursuant to Section 18410.2 shall be treated as a
mathematical error appearing on the return. Any amount of tax
resulting from that recapture shall be assessed by the Franchise Tax
Board in the same manner as provided by Section 19051. The amount of
tax resulting from the recapture shall be added to the tax otherwise
due by the taxpayer for the taxable year in which the committee's
recapture determination occurred.
(g) (1) The aggregate amount of credit that may be allocated in
any fiscal year pursuant to this section and Section 17059.2 shall be
an amount equal to the sum of subparagraphs (A), (B), and (C), less
the amount specified in subparagraphs (D) and (E):
(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
year, one hundred fifty million dollars ($150,000,000) for the
2014-15 fiscal year, and two hundred million dollars ($200,000,000)
for each fiscal year from 2015-16 to 2017-18, inclusive.
(B) The unallocated credit amount, if any, from the preceding
fiscal year.
(C) The amount of any previously allocated credits that have been
recaptured.
(D) The amount estimated by the Director of Finance, in
consultation with the Franchise Tax Board and the State Board of
Equalization, to be necessary to limit the aggregation of the
estimated amount of exemptions claimed pursuant to Section 6377.1 and
of the amounts estimated to be claimed pursuant to this section and
Sections 17053.73, 17059.2, and 23626 to no more than seven hundred
fifty million dollars ($750,000,000) for either the current fiscal
year or the next fiscal year.
(i) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee of the estimated annual allocation
authorized by this paragraph. Any allocation pursuant to these
provisions shall be made no sooner than 30 days after written
notification has been provided to the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the committees
of each house of the Legislature that consider appropriation, or not
sooner than whatever lesser time the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, may determine.
(ii) In no event shall the amount estimated in this subparagraph
be less than zero dollars ($0).
(E) (i) For the 2015-16 fiscal year and each fiscal year
thereafter, the amount of credit estimated by the Director of Finance
to be allowed to all qualified taxpayers for that fiscal year
pursuant to subparagraph (A) or subparagraph (B) of paragraph (1) of
subdivision (c) of Section 23636.
(ii) If the amount available per fiscal year pursuant to this
section and Section 17059.2 is less than the aggregate amount of
credit estimated by the Director of Finance to be allowed to
qualified taxpayers pursuant to subparagraph (A) or subparagraph (B)
of paragraph (1) of subdivision (c) of Section 23636, the aggregate
amount allowed pursuant to Section 23636 shall not be reduced and, in
addition to the reduction required by clause (i), the aggregate
amount of credit that may be allocated pursuant to this section and
Section 17059.2 for the next fiscal year shall be reduced by the
amount of that deficit.
(iii) It is the intent of the Legislature that the reductions
specified in this subparagraph of the aggregate amount of credit that
may be allocated pursuant to this section and Section 17059.2 shall
continue if the repeal dates of the credits allowed by this section
and Section 17059.2 are removed or extended.
(2) (A) In addition to the other amounts determined pursuant to
paragraph (1), the Director of Finance may increase the aggregate
amount of credit that may
be allocated pursuant to this section and Section 17059.2 by up
to twenty-five million dollars ($25,000,000) per fiscal year through
the 2017-18 fiscal year. The amount of any increase made pursuant to
this paragraph, when combined with any increase made pursuant to
paragraph (2) of subdivision (g) of Section 17059.2, shall not exceed
twenty-five million dollars ($25,000,000) per fiscal year through
the 2017-18 fiscal year.
(B) It is the intent of the Legislature that the Director of
Finance increase the aggregate amount under subparagraph (A) in order
to mitigate the reduction of the amount available due to the credit
allowed to all qualified taxpayers pursuant to subparagraph (A) or
(B) of paragraph (1) of subdivision (c) of Section 23636.
(3) Each fiscal year, 25 percent of the aggregate amount of the
credit that may be allocated pursuant to this section and Section
17059.2 shall be reserved for "small business," as defined in Section
17053.73 or 23626.
(4) Each fiscal year, no more than 20 percent of the aggregate
amount of the credit that may be allocated pursuant to this section
shall be allocated to any one taxpayer.
(h) GO-Biz may prescribe rules and regulations as necessary to
carry out the purposes of this section. Any rule or regulation
prescribed pursuant to this section may be by adoption of an
emergency regulation in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(i) (1) A written agreement between GO-Biz and a taxpayer with
respect to the credit authorized by this section shall not restrict,
broaden, or otherwise alter the ability of the taxpayer to assign
that credit or any portion thereof in accordance with Section 23663.
(2) A written agreement between GO-Biz and a taxpayer with respect
to the credit authorized by this section must comply with existing
law on the date the agreement is executed.
(j) (1) Upon the effective date of this section, the Department of
Finance shall estimate the total dollar amount of credits that will
be claimed under this section with respect to each fiscal year from
the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
(2) The Franchise Tax Board shall annually provide to the Joint
Legislative Budget Committee, by no later than March 1, a report of
the total dollar amount of the credits claimed under this section
with respect to the relevant fiscal year. The report shall compare
the total dollar amount of credits claimed under this section with
respect to that fiscal year with the department's estimate with
respect to that same fiscal year. If the total dollar amount of
credits claimed for the fiscal year is less than the estimate for
that fiscal year, the report shall identify options for increasing
annual claims of the credit so as to meet estimated amounts.
(k) This section is repealed on December 1, 2025.
SEC. 276. Section 30162 of the Streets and Highways Code is
amended to read:
30162. If the department is unable to collect any tolls due to
insolvency of the obligor, or if the cost of collection of any tolls
would be excessive by reason of the smallness of the amount due, the
department may apply to the Controller for discharge from
accountability for the collection thereof in the manner provided in
Sections 13940 to 13943, inclusive, of the Government Code.
SEC. 277. Section 1095 of the Unemployment Insurance Code is
amended to read:
1095. The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
(a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
(b) To properly present a claim for benefits.
(c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
(d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
(e) To enable an employer to receive a reduction in contribution
rate.
(f) To enable federal, state, or local governmental departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec.
601 et seq.), when the verification or determination is directly
connected with, and limited to, the administration of public social
services.
(g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, when the determination
is directly connected with, and limited to, the administration of
general relief or assistance.
(h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
(i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records. Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
(j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
(k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
( l ) To enable federal, state, or local governmental
departments or agencies to administer child support enforcement
programs under Part D of Title IV of the federal Social Security Act
(42 U.S.C. Sec. 651 et seq.).
(m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
(n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
(1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
(2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
(o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation. The information shall be
provided to the extent permitted by federal law and regulations. For
the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the Attorney
General, the Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
the Medical Board of California, or any other licensing board or
department whose licensee is the subject of a workers' compensation
insurance fraud investigation. This subdivision shall not prevent any
authorized governmental agency from reporting to any board or
department the suspected misconduct of any licensee of that body.
(p) To enable the Director of Consumer Affairs, or his or her
representatives, to access unemployment insurance quarterly wage data
on a case-by-case basis to verify information on school
administrators, school staff, and students provided by those schools
who are being investigated for possible violations of Chapter 8
(commencing with Section 94800) of Part 59 of Division 10 of Title 3
of the Education Code.
(q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
(r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
(s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
(t) To provide the State Board of Equalization with employment tax
information that will assist in the administration of tax programs.
The information shall be limited to the exchange of employment tax
information essential for tax administration purposes to the extent
permitted by federal law and regulations.
(u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.
(v) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final. The disclosure may also include any
of the following:
(1) The total amount of the assessment.
(2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
(3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
(w) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
(x) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the chief of the Division of Investigation and
requests this information in the course of and as part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.
(y) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the extent
permitted by federal law and regulations.
(z) To enable the Chancellor of the California Community Colleges,
in accordance with the requirements of Section 84754.5 of the
Education Code, to obtain quarterly wage data, commencing January 1,
1993, on students who have attended one or more community colleges,
to assess the impact of education on the employment and earnings of
students, to conduct the annual evaluation of district-level and
individual college performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(aa) To enable the Public Employees' Retirement System to seek
criminal, civil, or administrative remedies in connection with the
unlawful application for, or receipt of, benefits provided under Part
3 (commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
(ab) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor of
the California Community Colleges, pursuant to the requirements
prescribed by the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), to obtain quarterly wage data, commencing
July 1, 2010, on students who have attended their respective systems
to assess the impact of education on the employment and earnings of
those students, to conduct the annual analysis of district-level and
individual district or postsecondary education system performance in
achieving priority educational outcomes, and to submit the required
reports to the Legislature and the Governor. The information shall be
provided to the extent permitted by federal statutes and
regulations.
(ac) To provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code, when the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), when the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, when the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. The information provided pursuant to this subdivision shall be
provided to the extent permitted by federal law and regulations, and
to the extent the information is available and accessible within the
constraints and configurations of existing department records. Any
person who receives any information under this subdivision shall make
a written report of the information to the Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) Until January 1, 2020, to enable the Department of Finance to
prepare and submit the report required by Section 13084 of the
Government Code that identifies all employers in California that
employ 100 or more employees who receive benefits from the Medi-Cal
program (Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code). The information
used for this purpose shall be limited to information obtained
pursuant to Section 11026.5 of the Welfare and Institutions Code and
from the administration of personal income tax wage withholding
pursuant to Division 6 (commencing with Section 13000) and the
disability insurance program and may be disclosed to the Department
of Finance only for the purpose of preparing and submitting the
report and only to the extent not prohibited by federal law.
(ag) To provide, to the extent permitted by federal law and
regulations, the Student Aid Commission with wage information in
order to verify the employment status of an individual applying for a
Cal Grant C award pursuant to subdivision (c) of Section 69439 of
the Education Code.
(ah) To enable the Department of Corrections and Rehabilitation to
obtain quarterly wage data of former inmates who have been
incarcerated within the prison system in order to assess the impact
of rehabilitation services or the lack of these services on the
employment and earnings of these former inmates. Quarterly data for a
former inmate's employment status and wage history shall be provided
for a period of one year, three years, and five years following
release. The data shall only be used for the purpose of tracking
outcomes for former inmates in order to assess the effectiveness of
rehabilitation strategies on the wages and employment histories of
those formerly incarcerated. The information shall be provided to the
department to the extent not prohibited by federal law.
(ai) To enable federal, state, or local government departments or
agencies, or their contracted agencies, subject to federal law,
including the confidentiality, disclosure, and other requirements set
forth in Part 603 of Title 20 of the Code of Federal Regulations, to
evaluate, research, or forecast the effectiveness of public social
services programs administered pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Subchapter IV of Chapter 7 of the federal Social Security Act (42
U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast
is directly connected with, and limited to, the administration of the
public social services programs.
(aj) To enable the California Workforce Development Board, the
Chancellor of the California Community Colleges, the Superintendent
of Public Instruction, the Department of Rehabilitation, the State
Department of Social Services, the Bureau for Private Postsecondary
Education, the Department of Industrial Relations, the Division of
Apprenticeship Standards, and the Employment Training Panel to access
any relevant quarterly wage data necessary for the evaluation and
reporting of their respective program performance outcomes as
required and permitted by various state and federal laws pertaining
to performance measurement and program evaluation under the federal
Workforce Innovation and Opportunity Act (Public Law 113-128); the
workforce performance metrics dashboard pursuant to paragraph (1) of
subdivision (i) of Section 14013; the Adult Education Block Grant
Program consortia performance metrics pursuant to Section 84920 of
the Education Code; the economic and workforce development program
performance measures pursuant to Section 88650 of the Education Code;
and the California Community Colleges Economic and Workforce
Development Program performance measures established in Part 52.5
(commencing with Section 88600) of Division 7 of Title 3 of the
Education Code.
SEC. 278. Section 14013 of the Unemployment Insurance Code is
amended to read:
14013. The board shall assist the Governor in the following:
(a) Promoting the development of a well-educated and highly
skilled 21st century workforce.
(b) Developing, implementing, and modifying the State Plan. The
State Plan shall serve as the comprehensive framework and coordinated
plan for the aligned investment of all federal and state workforce
training and employment services funding streams and programs. To the
extent feasible and when appropriate, the state plan should
reinforce and work with adult education and career technical
education efforts that are responsive to labor market trends.
(c) The review of statewide policies, of statewide programs, and
of recommendations on actions that should be taken by the state to
align workforce, education, training, and employment funding programs
in the state in a manner that supports a comprehensive and
streamlined workforce development system in the state, including the
review and provision of comments on the State Plan, if any, for
programs and activities of one-stop partners that are not core
programs.
(d) Developing and continuously improving the statewide workforce
investment system, including:
(1) The identification of barriers and means for removing barriers
to better coordinate, align, and avoid duplication among the
programs and activities carried out through the system.
(2) The development of strategies to support the use of career
pathways for the purpose of providing individuals, including
low-skilled adults, youth, and individuals with barriers to
employment, and including individuals with disabilities, with
workforce investment activities, education, and supportive services
to enter or retain employment. To the extent permissible under state
and federal laws, these policies and strategies should support
linkages between kindergarten and grades 1 to 12, inclusive, and
community college educational systems in order to help secure
educational and career advancement. These policies and strategies may
be implemented using a sector strategies framework and should
ultimately lead to placement in a job
providing economic security or job placement in an
entry-level job that has a well-articulated career pathway or career
ladder to a job providing economic security.
(3) The development of strategies for providing effective outreach
to and improved access for individuals and employers who could
benefit from services provided through the workforce development
system.
(4) The development and expansion of strategies for meeting the
needs of employers, workers, and jobseekers, particularly through
industry or sector partnerships related to in-demand industry sectors
and occupations, including policies targeting resources to
competitive and emerging industry sectors and industry clusters that
provide economic security and are either high-growth sectors or
critical to California's economy, or both. These industry sectors and
clusters shall have significant economic impacts on the state and
its regional and workforce development needs and have documented
career opportunities.
(5) Recommending adult and dislocated worker training policies and
investments that offer a variety of career opportunities while
upgrading the skills of California's workforce. These may include
training policies and investments pertaining to any of the following:
(A) Occupational skills training, including training for
nontraditional employment.
(B) On-the-job training.
(C) Incumbent worker training in accordance with Section 3174(d)
(4) of Title 29 of the United States Code.
(D) Programs that combine workplace training with related
instruction, which may include cooperative education programs.
(E) Training programs operated by the private sector.
(F) Skill upgrading and retraining.
(G) Entrepreneurial training.
(H) Transitional jobs in accordance with Section 3174 (d)(5) of
Title 29 of the United States Code.
(I) Job readiness training provided in combination with any of the
services described in subparagraphs (A) to (H), inclusive.
(J) Adult education and literacy activities provided in
combination with any of the services described in subparagraphs (A)
to (G), inclusive.
(K) Customized training conducted with a commitment by an employer
or group of employers to employ an individual upon successful
completion of the training.
(e) The identification of regions, including planning regions, for
the purposes of Section 3121(a) of Title 29 of the United States
Code, and the designation of local areas under Section 3121 of Title
29 of the United States Code, after consultation with local boards
and chief elected officials.
(f) The development and continuous improvement of the one-stop
delivery system in local areas, including providing assistance to
local boards, one-stop operators, one-stop partners, and providers
with planning and delivering services, including training services
and supportive services, to support effective delivery of services to
workers, job seekers, and employers.
(g) Recommending strategies to the Governor for strategic training
investments of the Governor's 15-percent discretionary funds.
(h) Developing strategies to support staff training and awareness
across programs supported under the workforce development system.
(i) The development and updating of comprehensive state
performance accountability measures, including state adjusted levels
of performance, to assess the effectiveness of the core programs in
the state as required under Section 3141(b) of Title 29 of the United
States Code. As part of this process the board shall do all of the
following:
(1) Develop a workforce metrics dashboard, to be updated annually,
that measures the state's human capital investments in workforce
development to better understand the collective impact of these
investments on the labor market. The workforce metrics dashboard
shall be produced using existing available data and resources that
are currently collected and accessible to state agencies. The board
shall convene workforce program partners to develop a standardized
set of inputs and outputs for the workforce metrics dashboard. The
workforce metrics dashboard shall do all of the following:
(A) Provide a status report on credential attainment, training
completion, degree attainment, and participant earnings from
workforce education and training programs. The board shall publish
and distribute the final report.
(B) Provide demographic breakdowns, including, to the extent
possible, race, ethnicity, age, gender, veteran status, wage and
credential or degree outcomes, and information on workforce outcomes
in different industry sectors.
(C) Measure, at a minimum and to the extent feasible with existing
resources, the performance of the following workforce programs:
community college career technical education, the Employment Training
Panel, Title I and Title II of the federal Workforce Investment Act
of 1998, Trade Adjustment Assistance, and state apprenticeship
programs.
(D) Measure participant earnings in California, and to the extent
feasible, in other states. The Employment Development Department
shall assist the board by calculating aggregated participant earnings
using unemployment insurance wage records, without violating any
applicable confidentiality requirements.
(2) The State Department of Education is hereby authorized to
collect the social security numbers of adults participating in adult
education programs so that accurate participation in those programs
can be represented in the report card. However, an individual shall
not be denied program participation if he or she refuses to provide a
social security number. The State Department of Education shall keep
this information confidential, except, the State Department of
Education is authorized to share this information, unless prohibited
by federal law, with the Employment Development Department, who shall
keep the information confidential and use it only to track the labor
market outcomes of program participants in compliance with all
applicable state and federal laws and mandates, including all
performance reporting requirements under the Workforce Innovation and
Opportunity Act.
(3) (A) Participating workforce programs, as specified in
subparagraph (C) of paragraph (1), shall provide participant data in
a standardized format to the Employment Development Department.
(B) The Employment Development Department shall aggregate data
provided by participating workforce programs and shall report the
data, organized by demographics, earnings, and industry of
employment, to the board to assist the board in producing the annual
workforce metrics dashboard.
(j) The identification and dissemination of information on best
practices, including best practices for all of the following:
(1) The effective operation of one-stop centers, relating to the
use of business outreach, partnerships, and service delivery
strategies, including strategies for serving individuals with
barriers to employment.
(2) The development of effective local boards, which may include
information on factors that contribute to enabling local boards to
exceed negotiated local levels of performance, sustain fiscal
integrity, and achieve other measures of effectiveness.
(3) Effective training programs that respond to real-time labor
market analysis, that effectively use direct assessment and prior
learning assessment to measure an individual's prior knowledge,
skills, competencies, and experiences, and that evaluate such skills,
and competencies for adaptability, to support efficient placement
into employment or career pathways.
(k) The development and review of statewide policies affecting the
coordinated provision of services through the state's one-stop
delivery system described in Section 3151(e) of Title 29 of the
United States Code, including the development of all of the
following:
(1) Objective criteria and procedures for use by local boards in
assessing the effectiveness and continuous improvement of one-stop
centers described in Section 3151(e) of Title 29 of the United States
Code.
(2) Guidance for the allocation of one-stop center infrastructure
funds under Section 3151(h) of Title 29 of the United States Code.
(3) Policies relating to the appropriate roles and contributions
of entities carrying out one-stop partner programs within the
one-stop delivery system, including approaches to facilitating
equitable and efficient cost allocation in such a system.
(l) The development of strategies for technological improvements
to facilitate access to, and improve the quality of, services and
activities provided through the one-stop delivery system, including
such improvements to all of the following:
(1) Enhance digital literacy skills, as defined in Section 9101 of
Title 20 of the United States Code, referred to in this division as
"digital literacy skills."
(2) Accelerate the acquisition of skills and recognized
postsecondary credentials by participants.
(3) Strengthen the professional development of providers and
workforce professionals.
(4) Ensure the technology is accessible to individuals with
disabilities and individuals residing in remote areas.
(m) The development of strategies for aligning technology and data
systems across one-stop partner programs to enhance service delivery
and improve efficiencies in reporting on performance accountability
measures, including the design and implementation of common intake,
data collection, case management information, and performance
accountability measurement and reporting processes and the
incorporation of local input into such design and implementation, to
improve coordination of services across one-stop partner programs.
(n) The development of allocation formulas for the distribution of
funds for employment and training activities for adults, and youth
workforce investment activities, to local areas as permitted under
Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States
Code.
(o) The preparation of the annual reports described in paragraphs
(1) and (2) of Section 3141(d) of Title 29 of the United States Code.
(p) The development of the statewide workforce and labor market
information system described in Section 49l-2(e) of Title 29 of the
United States Code.
(q) The development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the state.
(r) Helping individuals with barriers to employment, including
low-skill, low-wage workers, the long-term unemployed, and members of
single-parent households, achieve economic security and upward
mobility by implementing policies that encourage the attainment of
marketable skills relevant to current labor market trends.
SEC. 279. Section 1752.81 of the Welfare and Institutions Code is
amended to read:
1752.81. (a) Whenever the Director of the Division of Juvenile
Justice has in his or her possession in trust funds of a ward
committed to the division, the funds may be released for any purpose
when authorized by the ward. When the sum held in trust for any ward
by the director exceeds five hundred dollars ($500), the amount in
excess of five hundred dollars ($500) may be expended by the director
pursuant to a lawful order of a court directing payment of the
funds, without the authorization of the ward thereto.
(b) Whenever an adult or minor is committed to or housed in a
Division of Juvenile Facilities facility and he or she owes a
restitution fine imposed pursuant to Section 13967 of the Government
Code, as operative on or before September 28, 1994, or Section 1202.4
or 1203.04 of the Penal Code, as operative on or before August 2,
1995, or pursuant to Section 729.6, 730.6 or 731.1, as operative on
or before August 2, 1995, the director shall deduct the balance owing
on the fine amount from the trust account deposits of a ward, up to
a maximum of 50 percent of the total amount held in trust, unless
prohibited by federal law. The director shall transfer that amount to
the California Victim Compensation Board for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
(c) Whenever an adult or minor is committed to, or housed in, a
Division of Juvenile Facilities facility and he or she owes
restitution to a victim imposed pursuant to Section 13967 of the
Government Code, as operative on or before September 28, 1994, or
Section 1202.4 or 1203.04 of the Penal Code, as operative on or
before August 2, 1995, or pursuant to Section 729.6, 730.6, or 731.1,
as operative on or before August 2, 1995, the director shall deduct
the balance owing on the order amount from the trust account deposits
of a ward, up to a maximum of 50 percent of the total amount held in
trust, unless prohibited by federal law. The director shall transfer
that amount directly to the victim. If the restitution is owed to a
person who has filed an application with the Victims of Crime
Program, the director shall transfer that amount to the California
Victim Compensation Board for direct payment to the victim or payment
shall be made to the Restitution Fund to the extent that the victim
has received assistance pursuant to that program. The sentencing
court shall be provided a record of the payments made to victims and
of the payments deposited to the Restitution Fund pursuant to this
subdivision.
(d) Any compensatory or punitive damages awarded by trial or
settlement to a minor or adult committed to the Division of Juvenile
Facilities in connection with a civil action brought against any
federal, state, or local jail or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney's fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against the minor or adult. The balance of any award shall be
forwarded to the minor or adult committed to the Division of Juvenile
Facilities after full payment of all outstanding restitution orders
and restitution fines subject to subdivision (e). The Division of
Juvenile Facilities shall make all reasonable efforts to notify the
victims of the crime for which the minor or adult was committed
concerning the pending payment of any compensatory or punitive
damages. This subdivision shall apply to cases settled or awarded on
or after April 26, 1996, pursuant to Sections 807 and 808 of Title
VIII of the federal Prison Litigation Reform Act of 1995 (P.L.
104-134; 18 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
(e) The director shall deduct and retain from the trust account
deposits of a ward, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
pursuant to subdivision (b) and (c), or 5 percent of any amount
transferred pursuant to subdivision (d). The director shall deposit
the administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution and
victims program of the Division of Juvenile Facilities. The director,
at his or her discretion, may retain any excess funds in the special
deposit account for future reimbursement of the division's
administrative and support costs for the restitution and victims
program or may transfer all or part of the excess funds for deposit
in the Restitution Fund.
(f) When a ward has both a restitution fine and a restitution
order from the sentencing court, the Division of Juvenile Facilities
shall collect the restitution order first pursuant to subdivision
(c).
(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
director holds in trust a ward's funds in excess of five dollars ($5)
and the ward cannot be located, after one year from the date of
discharge, absconding from the Division of Juvenile Facilities
supervision, or escape, the Division of Juvenile Facilities shall
apply the trust account balance to any unsatisfied victim restitution
order or fine owed by that ward. If the victim restitution order or
fine has been satisfied, the remainder of the ward's trust account
balance, if any, shall be transferred to the Benefit Fund to be
expended pursuant to Section 1752.5. If the victim to whom a
particular ward owes restitution cannot be located, the moneys shall
be transferred to the Benefit Fund to be expended pursuant to Section
1752.5.
SEC. 280. Section 1752.82 of the Welfare and Institutions Code is
amended to read:
1752.82. (a) Whenever an adult or minor is committed to or housed
in a Youth Authority facility and he or she owes restitution to a
victim or a restitution fine imposed pursuant to Section 13967, as
operative on or before September 28, 1994, of the Government Code, or
Section 1202.4 of the Penal Code, or Section 1203.04, as operative
on or before August 2, 1994, of the Penal Code, or pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
730.6 or 731.1, as operative on or before August 2, 1995, the
director may deduct a reasonable amount not to exceed 50 percent from
the wages of that adult or minor and the amount so deducted,
exclusive of the costs of administering this section, which shall be
retained by the director, shall be transferred to the California
Victim Compensation Board for deposit in the Restitution Fund in the
State Treasury in the case of a restitution fine, or, in the case of
a restitution order, and upon the request of the victim, shall be
paid directly to the victim. Any amount so deducted shall be credited
against the amount owing on the fine or to the victim. The
committing court shall be provided a record of any payments.
(b) A victim who has requested that restitution payments be paid
directly to him or her pursuant to subdivision (a) shall provide a
current address to the Youth Authority to enable the Youth Authority
to send restitution payments collected on the victim's behalf to the
victim.
(c) In the case of a restitution order, whenever the victim has
died, cannot be located, or has not requested the restitution
payment, the director may deduct a reasonable amount not to exceed 50
percent of the wages of that adult or minor and the amount so
deducted, exclusive of the costs of administering this section, which
shall be retained by the director, shall be transferred to the
California Victim Compensation Board, pursuant to subdivision (d),
after one year has elapsed from the time the ward is discharged by
the Youth Authority Board. Any amount so deducted shall be credited
against the amount owing to the victim. The funds so transferred
shall be deposited in the Restitution Fund.
(d) If the Youth Authority has collected restitution payments on
behalf of a victim, the victim shall request those payments no later
than one year after the ward has been discharged by the Youth
Authority Board. Any victim who fails to request those payments
within that time period shall have relinquished all rights to the
payments, unless he or she can show reasonable cause for failure to
request those payments within that time period.
(e) The director shall transfer to the California Victim
Compensation Board all restitution payments collected prior to the
effective date of this section on behalf of victims who have died,
cannot be located, or have not requested restitution payments. The
California Victim Compensation Board shall deposit these amounts in
the Restitution Fund.
(f) For purposes of this section, "victim" includes a victim's
immediate surviving family member, on whose behalf restitution has
been ordered.
SEC. 281. Section 4461 of the Welfare and Institutions Code is
amended to read:
4461. (a) All expenses incurred in returning such persons to
other states shall be paid by this state, the person, or his or her
relatives, but the expense of returning residents of this state shall
be borne by the state making the returns.
(b) The cost and expense incurred in effecting the transportation
of the nonresident persons to the states in which they have residence
shall be advanced from the funds appropriated for that purpose or,
if necessary, from the money appropriated for the care of
developmentally disabled persons upon vouchers approved by the
Department of General Services.
SEC. 282. Section 11212 of the Welfare and Institutions Code is
amended to read:
11212. (a) The state, through the county welfare department,
shall reimburse the foster parent or foster parents for the cost of
the burial plot and funeral expenses incurred for any child who, at
the time of death, is receiving foster care, as defined in Section
11251, to the extent that the foster parent or foster parents are not
otherwise reimbursed for costs incurred for those purposes.
(b) The state, through the county welfare department, shall pay
the burial costs and funeral expenses directly to the funeral home
and the burial plot owner when either one of the following conditions
exists:
(1) The foster parent or foster parents request the direct
payment.
(2) The child's death is due to alleged criminal negligence or
other alleged criminal action on the part of the foster parent or
foster parents.
(c) The foster parent, or the funeral home and burial plot
provider, shall file a claim for reimbursement of costs with the
county welfare department at the time and in the manner specified by
the department. The county welfare department shall pay the claims in
an amount not to exceed the level of reimbursement allowed by the
California Victim Compensation Board for burial costs and funeral
expenses under its Victims of Violent Crimes program, which is
contained in Article 1 (commencing with Section 13959) of Chapter 5
of Part 4 of Division 3 of Title 2 of the Government Code. Claims for
the burial costs and funeral expenses for a foster child shall be
paid out of funds appropriated annually to the department for those
purposes.
SEC. 283. Section 14171.5 of the Welfare and Institutions Code is
amended to read:
14171.5. Any institutional provider of health care services that
obtained reimbursement under this chapter to which it is not entitled
shall be subject to the following interest charges or penalties:
(a) When it is established upon audit that the provider has
claimed payments under this chapter to which it is not entitled, the
provider shall pay, in addition to the amount improperly received,
interest at the rate specified by subdivision (h) of Section 14171.
(b) When it is established upon audit that the provider claimed
payments related to services or costs that the department had
previously notified the provider in an audit report that the costs or
services were not reimbursable, the provider shall pay in addition
to the amount improperly claimed, a penalty of 10 percent of the
amount improperly claimed after this notice, plus the cost of the
audit. In addition, interest shall be assessed at the rate specified
in subdivision (h) of Section 14171. Providers who wish to preserve
appeal rights or to challenge the department's positions regarding
appeal issues, may claim the cost or services and not be reimbursed
therefor if they are identified and presented separately on the cost
report.
(c) When it is established that the provider fraudulently claimed
and received payments under this chapter, the provider shall pay a
penalty of 25 percent of the amount improperly claimed, plus the cost
of the audit, in addition to the amount thereof. In addition,
interest will be assessed at the rate specified by subdivision (h) of
Section 14171. A fraudulent claim is a claim upon which the provider
has been convicted of fraud upon the program. Nothing in this
section shall prevent the imposition of any other civil or criminal
penalties to which the provider may be liable.
(d) Appeals to action taken in subdivisions (a), (b), and (c) of
Section 14171.5 above are subject to the administrative appeals
process provided by Section 14171.
(e) Penalties paid by providers under subdivisions (a), (b), and
(c) of Section 14171.5 are not reimbursable by the program.
(f) As used in this section, "the cost of the audit" includes
actual hourly wages, travel, and incidental expenses at rates
allowable by Department of General Services rules, and applicable
overhead costs.
SEC. 284. Section 14171.6 of the Welfare and Institutions Code is
amended to read:
14171.6. (a) (1) Any provider, as defined in paragraph (3), that
obtains reimbursement under this chapter to which it is not entitled
shall be subject to interest charges or penalties as specified in
this section.
(2) When it is established upon audit that the provider has not
received reimbursement to which the provider is entitled, the
department shall pay the provider interest assessed at the rate, and
in the manner, specified in subdivision (g) of Section 14171.
(3) For purposes of this section, "provider" means any provider,
as defined in Section 14043.1.
(b) When it is established upon audit that the provider has
claimed payments under this chapter to which it is not entitled, the
provider shall pay, in addition to the amount improperly received,
interest at the rate specified by subdivision (h) of Section 14171.
(c) (1) When it is established upon audit that the provider
claimed payments related to services or costs that the department had
previously notified the provider in an audit report that the costs
or services were not reimbursable, the provider shall pay, in
addition to the amount improperly claimed, a penalty of 10 percent of
the amount improperly claimed after receipt of the notice, plus the
cost of the audit.
(2) In addition to the penalty and costs specified by paragraph
(1), interest shall be assessed at the rate specified in subdivision
(h) of Section 14171.
(3) Providers that wish to preserve appeal rights or to challenge
the department's positions regarding appeal issues may claim the
costs or services and not be reimbursed therefor if they are
identified and presented separately on the cost report.
(d) (1) When it is established that the provider fraudulently
claimed and received payments under this chapter, the provider shall
pay, in addition to that portion of the claim that was improperly
claimed, a penalty of 300 percent of the amount improperly claimed,
plus the cost of the audit.
(2) In addition to the penalty and costs specified by paragraph
(1), interest shall be assessed at the rate specified by subdivision
(h) of Section 14171.
(3) For purposes of this subdivision, a fraudulent claim is a
claim upon which the provider has been convicted of fraud upon the
Medi-Cal program.
(e) Nothing in this section shall
prevent the imposition of any other civil or criminal penalties to
which the provider may be liable.
(f) Any appeal to any action taken pursuant to subdivision (b),
(c), or (d) is subject to the administrative appeals process provided
by Section 14171.
(g) As used in this section, "cost of the audit" includes actual
hourly wages, travel, and incidental expenses at rates allowable by
rules adopted by the Department of General Services and applicable
overhead costs that are incurred by employees of the state in
administering this chapter with respect to the performance of audits.
(h) This section shall not apply to any clinic licensed pursuant
to subdivision (a) of Section 1204 of the Health and Safety Code,
clinics exempt from licensure under Section 1206 of the Health and
Safety Code, health facilities licensed under Chapter 2 (commencing
with Section 1250) of Division 2 of the Health and Safety Code, or to
any provider that is operated by a city, county, or school district.
SEC. 285. Section 15634 of the Welfare and Institutions Code is
amended to read:
15634. (a) No care custodian, clergy member, health practitioner,
mandated reporter of suspected financial abuse of an elder or
dependent adult, or employee of an adult protective services agency
or a local law enforcement agency who reports a known or suspected
instance of abuse of an elder or dependent adult shall be civilly or
criminally liable for any report required or authorized by this
article. Any other person reporting a known or suspected instance of
abuse of an elder or dependent adult shall not incur civil or
criminal liability as a result of any report authorized by this
article, unless it can be proven that a false report was made and the
person knew that the report was false. No person required to make a
report pursuant to this article, or any person taking photographs at
his or her discretion, shall incur any civil or criminal liability
for taking photographs of a suspected victim of abuse of an elder or
dependent adult or causing photographs to be taken of such a
suspected victim or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
(b) No care custodian, clergy member, health practitioner,
mandated reporter of suspected financial abuse of an elder or
dependent adult, or employee of an adult protective services agency
or a local law enforcement agency who, pursuant to a request from an
adult protective services agency or a local law enforcement agency
investigating a report of known or suspected abuse of an elder or
dependent adult, provides the requesting agency with access to the
victim of a known or suspected instance of abuse of an elder or
dependent adult, shall incur civil or criminal liability as a result
of providing that access.
(c) The Legislature finds that, even though it has provided
immunity from liability to persons required to report abuse of an
elder or dependent adult, immunity does not eliminate the possibility
that actions may be brought against those persons based upon
required reports of abuse. In order to further limit the financial
hardship that those persons may incur as a result of fulfilling their
legal responsibilities, it is necessary that they not be unfairly
burdened by legal fees incurred in defending those actions.
Therefore, a care custodian, clergy member, health practitioner, or
an employee of an adult protective services agency or a local law
enforcement agency may present to the Department of General Services
a claim for reasonable attorneys' fees incurred in any action against
that person on the basis of making a report required or authorized
by this article if the court has dismissed the action upon a demurrer
or motion for summary judgment made by that person, or if he or she
prevails in the action. The Department of General Services shall
allow that claim if the requirements of this subdivision are met, and
the claim shall be paid from an appropriation to be made for that
purpose. Attorneys' fees awarded pursuant to this section shall not
exceed an hourly rate greater than the rate charged by the Attorney
General at the time the award is made and shall not exceed an
aggregate amount of fifty thousand dollars ($50,000). This
subdivision shall not apply if a public entity has provided for the
defense of the action pursuant to Section 995 of the Government Code.
SEC. 286. (a) It is the intent of the Legislature that any capitol
building annex project undertaken pursuant to Article 5.2
(commencing with Section 9112) of Chapter 1.5 of Part 1 of Division 2
of Title 2 of the Government Code incorporate elements complementary
to the historic capitol, elements to make it efficient and
sustainable, and historic elements from the existing capitol building
annex.
(b) It is further the intent of the Legislature that any state
capitol building annex be designed as a working capitol for the
public to effectively engage with their elected representatives and
their state government.
(c) It is further the intent of the Legislature that the eastern
façade of the historic state capitol building be restored as part of
any project that includes demolition of the existing capitol building
annex.
SEC. 287. The intent of the Legislature in
amending Sections 17059.2 and 23689 of the Revenue and Taxation Code
is to construe and clarify the meaning and effect of existing law
that provides the Governor's Office of Business and Economic
Development with the authority and discretion to negotiate tax credit
agreements, to ensure the administration of the credit allowed
pursuant to those sections is a model of accountability and
transparency, and to ensure that the effective use of the limited tax
credit available pursuant to those sections is maximized.
SEC. 287. SEC. 288. The sum of one
billion three hundred million dollars ($1,300,000,000) is hereby
transferred, upon direction of the Director of Finance to the
Controller, from the General Fund to the State Project Infrastructure
Fund established by Section 14692 of the Government Code according
to the following schedule:
(a) One billion dollars ($1,000,000,000) on or after July 1, 2016,
but no later than June 30, 2017.
(b) Three hundred million dollars ($300,000,000) on or after July
1, 2017.
SEC. 288. SEC. 289. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 289. SEC. 290. This act is a
bill providing for appropriations related to the Budget Bill within
the meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution, has been identified as related to the budget
in the Budget Bill, and shall take effect immediately.
