Bill Text: CA AB164 | 2023-2024 | Regular Session | Amended
Bill Title: State government.
Spectrum: Committee Bill
Status: (Engrossed) 2024-07-01 - Re-referred to Com. on B. & F.R. [AB164 Detail]
Download: California-2023-AB164-Amended.html
Amended
IN
Senate
June 22, 2024 |
Amended
IN
Assembly
February 01, 2023 |
Introduced by Committee on Budget (Assembly Members |
January 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 144.6 is added to the Business and Professions Code, to read:144.6.
(a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for education programs that qualify persons for any license issued by a board within the department shall be equal to the number of clock or credit hours, or the equivalent, that the education program provides as of the effective date of this section.SEC. 2.
Section 208 of the Business and Professions Code is amended to read:208.
(a) Beginning April 1, 2023, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of nine dollars ($9) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than nine dollars ($9) per licensee, the Department of Consumer Affairs may, by regulation, reduce the fee established by this section to the reasonable regulatory cost.SEC. 3.
Section 208 is added to the Business and Professions Code, to read:208.
(a) Beginning April 1, 2025, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fifteen dollars ($15) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fifteen dollars ($15) per licensee, the Department of Consumer Affairs may, by regulation, reduce the fee established by this section to the reasonable regulatory cost.SEC. 4.
Section 10167.3 of the Business and Professions Code is amended to read:10167.3.
(a) A separate application for a license as a prepaid rental listing service shall be made in writing for each location to be operated by a licensee other than a real estate broker. Each application shall be on forms provided by the department, shall be signed by the applicant, and shall be accompanied bySEC. 5.
Section 10208.5 of the Business and Professions Code is amended to read:10208.5.
The real estate broker license examination fee is one hundred fifty dollars ($150), not to exceed one hundred ninety-five dollarsSEC. 6.
Section 10209 of the Business and Professions Code is amended to read:10209.
(a) The commissioner shall, by regulation, establish fees for applications for approval of equivalent courses of study as defined in Section 10153.5 in an amount sufficient to cover the cost of administration. The fee for an application for approval of each course given by a private vocational school, including any branch schoolSEC. 7.
Section 10210 of the Business and Professions Code is amended to read:10210.
(a) The fee for a real estate broker license shall be four hundred fifty dollars ($450), not to exceedSEC. 8.
Section 10213.5 of the Business and Professions Code is amended to read:10213.5.
The real estate salesperson license examination feeSEC. 9.
Section 10213.6 of the Business and Professions Code is amended to read:10213.6.
If an applicant for any examination fails to take the examination on the date scheduled,SEC. 10.
Section 10215 of the Business and Professions Code is amended to read:10215.
(a) The fee for a real estate salesperson license shallSEC. 11.
Section 10226 of the Business and Professions Code is amended to read:10226.
(a) The commissioner may periodically by regulation prescribe fees lower than the maximum fees provided in Sections 10209.5, 10210, 10214.5, 10215, and 10250.3 wheneverSEC. 12.
Section 10227 is added to the Business and Professions Code, to read:10227.
(a) Beginning January 1, 2025, before submitting a regulatory fee increase proposal to the Office of Administrative Law for initial publication, the department shall conduct at least one meeting to which statewide membership organizations that represent any of the following are invited to attend:SEC. 13.
Section 10232.1 of the Business and Professions Code is amended to read:10232.1.
(a) A real estate broker, prior to the use of any proposed advertisement in connection with the conduct of activities described in subdivisions (d) and (e) of Section 10131 and Section 10131.1, may submit a true copy thereof to the Department of Real Estate for approval. The submission shall be accompanied by a fee of one hundred dollars ($100), notSEC. 14.
Section 10249.3 of the Business and Professions Code is amended to read:10249.3.
(a) The commissioner may by regulation prescribe filing fees in connection with registrations with the department pursuant to the provisions of this article that are lower than the maximum fees specified in subdivision (b) if the commissioner determines that the lower fees are sufficient to offset the costs and expenses incurred in the administration of this article. The commissioner shall hold at least one hearing each calendar year to determine if lower fees than those specified in subdivision (b) should be prescribed. At this hearing, the department shall report on the financial status of the department, including the revenues, expenditures, and reserves as of the end of the previous fiscal year. The department shall post a hearing notice 15 days in advance of the hearing that includes the required information about the financial status of the department.SEC. 15.
Section 11011 of the Business and Professions Code is amended to read:11011.
(a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to this chapter(11)
SEC. 16.
Section 11018.7 of the Business and Professions Code is amended to read:11018.7.
(a) No amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or otherwise affecting rights to ownership, possession, or use of interests in subdivisions as defined in Sections 11000.1 and 11004.5SEC. 17.
Section 11022 of the Business and Professions Code is amended to read:11022.
(a) It is unlawful for an owner, subdivider, agent or employee of a subdivision or other person, with intent directly or indirectly to sell or lease subdivided lands or lots or parcels therein, to authorize, use, direct, or aid in the publication, distribution, or circularization of an advertisement, radio broadcast, or telecast concerning subdivided lands, that contains a statement, pictorial representation, or sketch that is false or misleading.SEC. 18.
Section 11232 of the Business and Professions Code is amended to read:11232.
(a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate for a public report pursuant to the provisions of this chapter that are lower than the maximum fees specified in subdivision (b) if the commissioner determines that the lower fees are sufficient to offset the costs and expenses incurred in the administration of this chapter. The commissioner shall hold at least one hearing each calendar year to determine if lower fees than those specified in subdivision (b) should be prescribed. At this hearing, the department shall report on the financial status of the department, including the revenues, expenditures, and reserves as of the end of the previous fiscal year. The department shall post a hearing notice 15 days in advance of the hearing that includes the required information about the financial status of the department.SEC. 19.
Chapter 40 (commencing with Section 22949.85) of Division 8 of the Business and Professions Code is repealed.SEC. 20.
Section 14701 of the Corporations Code is amended to read:14701.
(a) The written notice shall be filed with the Attorney General no less than 180 days before the acquisition is made effective. The notice shall be made under oath or affirmation, and shall comply with the requirements of subdivision (c).SEC. 21.
Division 2.5 (commencing with Section 27500) is added to Title 4 of the Corporations Code, to read:DIVISION 2.5. Fair Investment Practices by Venture Capital Companies
CHAPTER 1. Fair Investment Practices by Venture Capital Companies
27500.
For purposes of this chapter, the following definitions apply:27501.
(a) (1) Commencing March 1, 2026, a covered entity shall submit to the department the following information in a manner prescribed by the department:27502.
(a) (1) The department shall make the reports received pursuant to subdivision (b) of Section 27501 readily accessible, easily searchable, and easily downloadable on the department’s internet website.27503.
With respect to the investigative powers of the commissioner under this chapter, the commissioner may do the following at their discretion:27504.
(a) With respect to the enforcement powers of the commissioner and the department under this chapter, all of the following apply:27505.
(a) (1) If, after an order has been served pursuant to Section 27504, a request for hearing is filed in writing within 30 days of the date of service of the order on the covered entity, a hearing shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the commissioner shall have all of the powers granted under that chapter.27506.
(a) The commissioner may make, amend, and rescind any rules, forms, and orders as are necessary to carry out the provisions of this chapter, including rules and forms governing applications and reports, and defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter.SEC. 22.
Section 4454 of the Government Code is amended to read:4454.
(a) Where state funds are utilized for any building or facility subject to this chapter, or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary school, secondary school, or community college buildings and facilities subject to this chapter, no contract shall be awarded until the Department of General Services has issued written approval stating that the plans and specifications comply with the intent of this chapter.SEC. 23.
Section 8263 of the Government Code is amended to read:8263.
(a) There is in the Governor’s Office ofSEC. 24.
Section 8265 of the Government Code is amended to read:(a)Within six months of the commission’s establishment, and not later than March 1 of each subsequent year, the executive director, appointed pursuant to Section 8274, shall both:
(1)Release
8265.
(a) Within six months of the commission’s establishment, and not later than March 1 of each subsequent year, the executive director, appointed pursuant to Section 8274, shall release to the public on its internet website the procedures for the general application process to assist public members in the appointment process and facilitate communications between public members and the appointing powers.(2)Have created and made the application publicly available on its internet website.
(c)In reviewing general applications, the executive director may consider additional relevant selection criteria and conduct interviews.
(d)
SEC. 25.
Section 8270 of the Government Code is amended to read:8270.
The commission shall conduct full commission meetings at least every other month, with the first meeting on or beforeSEC. 26.
Section 8272 of the Government Code is amended to read:8272.
The commission shall do the following:SEC. 27.
Section 8275.5 is added to the Government Code, to read:8275.5.
This chapter shall be implemented upon appropriation by the Legislature.SEC. 28.
Section 8303.3 of the Government Code is amended to read:8303.3.
(a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:SEC. 29.
Chapter 5.6 (commencing with Section 8400) of Division 1 of Title 2 of the Government Code is repealed.SEC. 30.
Chapter 5.6 (commencing with Section 8400) is added to Division 1 of Title 2 of the Government Code, to read:CHAPTER 5.6. Governor’s Office of Service and Community Engagement
Article 1. Establishment and Functions of the Governor’s Office of Service and Community Engagement
8400.
As used in this chapter, except as otherwise provided:8401.
(a) The Governor’s Office of Service and Community Engagement is hereby established in state government in the Governor’s office. The office shall be under the direct control of a Director of the Governor’s Office of Service and Community Engagement, who shall be responsible to the Governor.8402.
The work of the office shall be organized within the following offices or programs:8403.
Commencing on July 1, 2024, each of the following shall occur:Article 2. CaliforniaVolunteers
8405.
CaliforniaVolunteers, as established by Executive Order S-24-06, is hereby established in the Governor’s Office of Service and Community Engagement.8406.
The CaliforniaVolunteers shall engage Californians in service, volunteering, and civic action to tackle our state’s most pressing challenges. The CaliforniaVolunteers shall do the following:8407.
(a) CaliforniaVolunteers, as established by Executive Order S-24-06 and Section 8405, is authorized to form a nonprofit public benefit corporation or other entity exempt from income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code or Section 23701d of the Revenue and Taxation Code to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Grants or financial support received by the nonprofit public benefit corporation or other entity shall be used solely for the governmental purposes approved by CaliforniaVolunteers for activities within the scope of authority of CaliforniaVolunteers. No more than 10 percent of the grants and financial support received by the nonprofit public benefit corporation or other entity may be used to pay for the administrative costs of that nonprofit public benefit corporation or other entity.Article 3. CaliforniaVolunteers Commission
8410.
As used in this article:8411.
(a) There is continued into existence a Board of Commissioners under CaliforniaVolunteers.8412.
(a) The Governor shall appoint 25 voting members to the commission as follows:8413.
Members of the commission shall serve without compensation, but may be reimbursed for travel expenses and receive a per diem as appropriate and in compliance with Section 12638 of Title 42 of the United States Code.Article 4. The Office of Community Partnerships and Strategic Communications
8415.
(a) It is the intent of the Legislature that through the creation of a single state entity to coordinate California’s most important statewide public awareness and community outreach campaigns, the state can realize more inclusive and effective outcomes while preventing equity gaps in statewide outreach. The office will use data-driven decisions to help the state make more informed resource allocations, targeted strategies, and rapid response efforts to better serve Californians, as well as help remove or reduce barriers that many small, community-based organizations face when attempting to partner with the state.8416.
As used in this article:8417.
The Office of Community Partnerships and Strategic Communications is hereby continued in existence in the Governor’s Office of Service and Community Engagement.8418.
Under the direction of the director, the executive officer shall initiate and execute campaigns related to the state’s highest priority public awareness and community outreach efforts.8419.
(a) The Office of Community Partnerships and Strategic Communications is hereby established as an office within the Governor’s Office of Service and Community Engagement.8420.
(a) In the selection of its awareness and outreach campaigns, the office shall consider all of the following criteria:8421.
(a) As part of its core objective of managing the state’s highest priority public awareness and community outreach efforts, and as informed by any guidelines and practices developed by it, the office shall prioritize streamlining partnerships between community-based organizations and the state, including identifying and working with state partners to eliminate barriers and structural challenges that may prevent community-based organizations from being able to engage in, and benefit from, partnerships with the state.8422.
State agencies and departments collaborating with the office, upon request, shall share relevant data and statistical information that may improve the efficacy of current or future outreach efforts.SEC. 31.
Section 8546.11 is added to the Government Code, immediately following Section 8546.10, to read:8546.11.
(a) The California State Auditor shall conduct an audit of the County of Mendocino by January 1, 2026, which shall include, but not be limited to, all of the following.SEC. 32.
The heading of Chapter 9.7 (commencing with Section 8770) of Division 1 of Title 2 of the Government Code is amended to read:
CHAPTER
9.7. California Youth Teen Poet Laureate
SEC. 33.
Section 8770 of the Government Code is amended to read:8770.
(a) The position of CaliforniaSEC. 34.
Section 8880.5 of the Government Code is amended to read:8880.5.
Allocations for education:(f)Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law.
(g)
(h)
(i)
(j)
(k)
(l)
(m)
SEC. 35.
Section 11549.52 of the Government Code is amended to read:11549.52.
(a) The office shall, consistent with Item 7502-062-8506 of the Budget Act of 2021, oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network, and for the maintenance and operation of the statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service.(b)
SEC. 36.
Section 11549.54 of the Government Code is amended to read:11549.54.
(a) The commission, in collaboration with the third-party administrator, shall assist the office and provide to the office the locations for the statewide open-access middle-mile broadband network in a commission staff report, and shall update the locations from time to time as the commission deems appropriate.(g)
(h)
(i)
SEC. 37.
Section 12100.151 of the Government Code is amended to read:12100.151.
(a) (1) The zero-emission vehicle division within the Governor’s Office of Business and Economic Development is hereby continued in existence within the Governor’s Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.SEC. 38.
Section 12907 of the Government Code is amended to read:12907.
(a) The Civil Rights Enforcement and Litigation Fund is hereby established in the State Treasury, to be administered by the Civil Rights Department.(b)The fund shall consist of both of the following:
(1) Attorney’s
(2)Moneys awarded to the Civil Rights Department pursuant to Chapter 40 (commencing with Section 22949.85) of Division 8 of the Business and Professions Code.
SEC. 39.
Section 14844 of the Government Code is amended to read:14844.
(a) The department shall contract for a statewide procurement and contracting disparity study, in order to guide outreach strategies, state government program development, and improvements to contracting policies.SEC. 40.
The heading of Chapter 1.5 (commencing with Section 65025) of Division 1 of Title 7 of the Government Code is amended to read:
CHAPTER
1.5. Office of Planning Land Use and Research Climate Innovation
SEC. 41.
Section 65025 of the Government Code is amended to read:65025.
“Office” as used in this chapter means the Office ofSEC. 42.
Section 65028.2 of the Government Code is amended to read:65028.2.
“District,” as used in this chapter, means a regional planning district created by theSEC. 43.
Section 65029 is added to the Government Code, to read:65029.
Commencing on July 1, 2024, all references to the Governor’s Office of Planning and Research throughout the published laws of the State of California shall henceforth be deemed to be references to the Governor’s Office of Land Use and Climate Innovation, except as referenced in the act adding this section amending the codes otherwise. Notwithstanding this provision, and other provisions of the act adding this section, the Governor’s Office of Land Use and Climate Innovation may continue to receive funds and operate grants and contracts under the name Governor’s Office of Planning and Research through 2029. To the extent feasible, the Governor’s Office of Land Use and Climate Innovation shall commence use of that name as soon as the act adding this section becomes operative, but no contract, grant, or other agreement shall be void or unenforceable simply because the name the Governor’s Office of Planning and Research is utilized.SEC. 44.
Section 65035 of the Government Code is amended to read:65035.
The Legislature finds that it is necessary to have one agency at the state levelSEC. 45.
The heading of Article 3 (commencing with Section 65037) of Chapter 1.5 of Division 1 of Title 7 of the Government Code is amended to read:
Article
3. Establishment and Functions of the Office of Planning Land Use and Research Climate Innovation
SEC. 46.
Section 65037 of the Government Code is amended to read:65037.
The Office ofSEC. 47.
Section 65038 of the Government Code is amended to read:65038.
For the purpose of administering this chapter, the Governor shall appoint the Director ofSEC. 48.
Section 65039 of the Government Code is amended to read:65039.
The Governor may appoint the Director ofSEC. 49.
Section 65039.5 is added to the Government Code, to read:65039.5.
Commencing on July 1, 2024, each of the following shall occur:SEC. 50.
Article 5.5 (commencing with Section 65052) of Chapter 1.5 of Division 1 of Title 7 of the Government Code is repealed.SEC. 51.
Article 6 (commencing with Section 65055) of Chapter 1.5 of Division 1 of Title 7 of the Government Code is repealed.SEC. 52.
Section 1338.6 is added to the Health and Safety Code, to read:1338.6.
(a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for educational or training programs for certification training programs for nurse assistants, pursuant to Section 1337.1, or home health aides, pursuant to Section 1736.1, approved by the department shall be equal to the number of clock or credit hours, or the equivalent, that is approved for each program by the department as of the effective date of this section.SEC. 53.
Section 114870.1 is added to the Health and Safety Code, to read:114870.1.
(a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established for approved schools for radiologic technologists approved pursuant to subdivision (d) of Section 114870 is equal to the number of clock or credit hours, or the equivalent, that is approved for each school by the department as of the effective date of this section.SEC. 54.
Division 110 (commencing with Section 130300) is added to the Health and Safety Code, to read:DIVISION 110. California Initiative to Advance Precision Medicine
130300.
The Legislature finds and declares all of the following:130301.
As used in this division, “California Initiative to Advance Precision Medicine” or “initiative” means the California Initiative to Advance Precision Medicine established in Section 130302.130302.
(a) The California Initiative to Advance Precision Medicine is hereby established in the California Health and Human Services Agency. In establishing the initiative, the California Health and Human Services Agency shall incorporate agreements and partnerships regarding precision medicine entered into prior to January 1, 2016.130303.
It is the intent of the Legislature that the office make awards in compliance with the following:130304.
This division shall remain in effect only until June 30, 2029, and as of that date is repealed.SEC. 55.
Section 131052.5 of the Health and Safety Code is amended to read:131052.5.
Commencing July 1, 2022, the Office of Community Partnerships and Strategic Communications, an office within the Governor’s Office ofSEC. 56.
Section 161 of the Military and Veterans Code is amended to read:161.
Within the Military Department, the office of the Adjutant General consists of one officer of the rank of lieutenant general who is the Adjutant General, one officer of the rank ofSEC. 57.
Section 10196 of the Public Contract Code is repealed.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 58.
Section 10340 of the Public Contract Code is amended to read:10340.
(a) Except as provided by subdivision (b), state agencies shall secure at least three competitive bids or proposals for each contract.SEC. 59.
Section 18894 of the Revenue and Taxation Code is amended to read:18894.
(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1,SEC. 60.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to ensure proper oversight and avoid abuse and mismanagement in the County of Mendocino.SEC. 61.
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. 62.
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.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.