Bill Text: CA AB846 | 2009-2010 | Regular Session | Amended

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Bill Title: State agencies: civil and administrative penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-30 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. [AB846 Detail]

Download: California-2009-AB846-Amended.html

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BILL NUMBER: AB 846	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN SENATE  JUNE 24, 2010
	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN SENATE  MARCH 15, 2010
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN SENATE  JUNE 25, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 26, 2009

   An act to add Section 12999.7 to the Food and Agricultural Code,
to add  Section 25196.5   Sections 25196.5 and
43032  to the Health and Safety Code, to add Section 6437 to the
Labor Code, and to add Section 13363 to the Water Code, relating to
civil and administrative penalties.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 846, as amended, Torrico. State agencies: civil and
administrative penalties.
    The Administrative Procedure Act contains provisions governing
the conduct of administrative adjudication for state agencies.
   This bill would require the Director of Pesticide Regulation, the
Department of Toxic Substances Control, the Department of Industrial
Relations,  the State Air Resources Board,  and the State
Water Resources Control Board to update the maximum and minimum
amounts of specified civil and administrative penalties for inflation
or deflation using the Consumer Price Index, as provided. The bill
would require the updated penalties to be filed with the Secretary of
State and published in the California Code of Regulations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
California Civil Penalties Inflation Supplement and Enforcement Act
of 2010.
  SEC. 2.  Section 12999.7 is added to the Food and Agricultural
Code, to read:
   12999.7.  (a) The director shall update, by February 15, 2011, and
on January 1 every four years thereafter, all civil and
administrative penalties imposed pursuant to this article, Section
14027, and Article 5 (commencing with Section 11891) of Chapter 4 of
Division 6 to adjust the maximum and minimum amounts specified in
those provisions for inflation or deflation, as established by the
amount by which the Consumer Price Index for the month of June of the
year prior to the adjustment exceeds, or is less than, the Consumer
Price Index for June of the calendar year in which legislation was
last enacted establishing or amending the amount of the penalty.
   (b) The amount of any penalties determined pursuant to this
 subdivision   section  shall be rounded as
follows:
   (1) To the nearest multiple of ten dollars ($10) in the case of a
penalty less than or equal to one hundred dollars ($100).
   (2) To the nearest multiple of one hundred dollars ($100) in the
case of a penalty greater than one hundred dollars ($100) but less
than or equal to one thousand dollars ($1,000).
   (3) To the nearest multiple of one thousand dollars ($1,000) in
the case of a penalty greater than one thousand dollars ($1,000) but
less than or equal to ten thousand dollars ($10,000).
   (4) To the nearest multiple of five thousand dollars ($5,000) in
the case of a penalty greater than ten thousand dollars ($10,000) but
less than or equal to one hundred thousand dollars ($100,000).
   (5) To the nearest multiple of ten thousand dollars ($10,000) in
the case of a penalty greater than one hundred thousand dollars
($100,000) but less than or equal to two hundred thousand dollars
($200,000).
   (6) To the nearest multiple of twenty-five thousand dollars
($25,000) in the case of a penalty greater than two hundred thousand
dollars ($200,000).
   (c) Inflation adjustments made pursuant to this 
subdivision   section  shall be exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (d) Updated penalties resulting from inflation adjustments made
pursuant to this section shall be filed with the Secretary of State
and published in the California Code of Regulations.
  SEC. 3.  Section 25196.5 is added to the Health and Safety Code, to
read:
   25196.5.  (a) The department shall update, by February 15, 2011,
and on January 1 every four years thereafter, all civil and
administrative penalties imposed pursuant to this chapter to adjust
the maximum and minimum amounts specified in this chapter for
inflation or deflation, as established by the amount by which the
Consumer Price Index for the month of June of the year prior to the
adjustment exceeds, or is less than, the Consumer Price Index for
June of the calendar year in which legislation was last enacted
establishing or amending the amount of the penalty.
   (b) The amount of any penalties determined pursuant to this
 subdivision   section  shall be rounded as
follows:
   (1) To the nearest multiple of ten dollars ($10) in the case of a
penalty less than or equal to one hundred dollars ($100).
   (2) To the nearest multiple of one hundred dollars ($100) in the
case of a penalty greater than one hundred dollars ($100) but less
than or equal to one thousand dollars ($1,000).
   (3) To the nearest multiple of one thousand dollars ($1,000) in
the case of a penalty greater than one thousand dollars ($1,000) but
less than or equal to ten thousand dollars ($10,000).
   (4) To the nearest multiple of five thousand dollars ($5,000) in
the case of a penalty greater than ten thousand dollars ($10,000) but
less than or equal to one hundred thousand dollars ($100,000).
   (5) To the nearest multiple of ten thousand dollars ($10,000) in
the case of a penalty greater than one hundred thousand dollars
($100,000) but less than or equal to two hundred thousand dollars
($200,000).
   (6) To the nearest multiple of twenty-five thousand dollars
($25,000) in the case of a penalty greater than two hundred thousand
dollars ($200,000).
   (c) Inflation adjustments made pursuant to this 
subdivision  section  shall be exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (d) Updated penalties resulting from inflation adjustments made
pursuant to this section shall be filed with the Secretary of State
and published in the California Code of Regulations.
   SEC. 4.    Section 43032 is added to the  
Health and Safety Code   , to read:  
   43032.  (a) By February 15, 2011, and on January 1 every four
years thereafter, the state board shall update all civil and
administrative penalties imposed pursuant to this chapter to adjust
the maximum and minimum amounts specified in this chapter for
inflation or deflation, as established by the amount by which the
Consumer Price Index for the month of June of the year prior to the
adjustment exceeds, or is less than, the Consumer Price Index for
June of the calendar year in which legislation was last enacted
establishing or amending the amount of the penalty.
   (b) The amount of any penalties determined pursuant to this
section shall be rounded as follows:
   (1) To the nearest multiple of ten dollars ($10) in the case of a
penalty less than or equal to one hundred dollars ($100).
   (2) To the nearest multiple of one hundred dollars ($100) in the
case of a penalty greater than one hundred dollars ($100) but less
than or equal to one thousand dollars ($1,000).
   (3) To the nearest multiple of one thousand dollars ($1,000) in
the case of a penalty greater than one thousand dollars ($1,000) but
less than or equal to ten thousand dollars ($10,000).
   (4) To the nearest multiple of five thousand dollars ($5,000) in
the case of a penalty greater than ten thousand dollars ($10,000) but
less than or equal to one hundred thousand dollars ($100,000).
   (5) To the nearest multiple of ten thousand dollars ($10,000) in
the case of a penalty greater than one hundred thousand dollars
($100,000) but less than or equal to two hundred thousand dollars
($200,000).
   (6) To the nearest multiple of twenty-five thousand dollars
($25,000) in the case of a penalty greater than two hundred thousand
dollars ($200,000).
   (c) Inflation adjustments made pursuant to this section shall be
exempt from the requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
   (d) Updated penalties resulting from inflation adjustments made
pursuant to this section shall be filed with the Secretary of State
and published in the California Code of Regulations. 
   SEC. 4.   SEC. 5.   Section 6437 is
added to the Labor Code, to read:
   6437.  (a) The department shall update, by February 15, 2011, and
on January 1 every four years thereafter, all civil and
administrative penalties imposed pursuant to this part to adjust the
maximum and minimum amounts specified in this part for inflation or
deflation, as established by the amount by which the Consumer Price
Index for the month of June of the year prior to the adjustment
exceeds, or is less than, the Consumer Price Index for June of the
calendar year in which legislation was last enacted establishing or
amending the amount of the penalty.
   (b) The amount of any penalties determined pursuant to this
 subdivision   section  shall be rounded as
follows:
   (1) To the nearest multiple of ten dollars ($10) in the case of a
penalty less than or equal to one hundred dollars ($100).
   (2) To the nearest multiple of one hundred dollars ($100) in the
case of a penalty greater than one hundred dollars ($100) but less
than or equal to one thousand dollars ($1,000).
   (3) To the nearest multiple of one thousand dollars ($1,000) in
the case of a penalty greater than one thousand dollars ($1,000) but
less than or equal to ten thousand dollars ($10,000).
   (4) To the nearest multiple of five thousand dollars ($5,000) in
the case of a penalty greater than ten thousand dollars ($10,000) but
less than or equal to one hundred thousand dollars ($100,000).
   (5) To the nearest multiple of ten thousand dollars ($10,000) in
the case of a penalty greater than one hundred thousand dollars
($100,000) but less than or equal to two hundred thousand dollars
($200,000).
   (6) To the nearest multiple of twenty-five thousand dollars
($25,000) in the case of a penalty greater than two hundred thousand
dollars ($200,000).
   (c) Inflation adjustments made pursuant to this 
subdivision   section  shall be exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (d) Updated penalties resulting from inflation adjustments made
pursuant to this section shall be filed with the Secretary of State
and published in the California Code of Regulations.
   SEC. 5.   SEC. 6.   Section 13363 is
added to the Water Code, to read:
   13363.  (a) The state board shall update, by February 15, 2011,
and on January 1 every four years thereafter, all civil and
administrative penalties imposed pursuant to this division or
pursuant to Section 25270.12, 25299, or 25299.76 of the Health and
Safety Code to adjust the maximum and minimum amounts specified in
those provisions for inflation or deflation, as established by the
amount by which the Consumer Price Index for the month of June of the
year prior to the adjustment exceeds, or is less than, the Consumer
Price Index for June of the calendar year in which legislation was
last enacted establishing or amending the amount of the penalty.
   (b) The amount of any penalties determined pursuant to this
 subdivision   section  shall be rounded as
follows:
   (1) To the nearest multiple of ten dollars ($10) in the case of a
penalty less than or equal to one hundred dollars ($100).
   (2) To the nearest multiple of one hundred dollars ($100) in the
case of a penalty greater than one hundred dollars ($100) but less
than or equal to one thousand dollars ($1,000).
   (3) To the nearest multiple of one thousand dollars ($1,000) in
the case of a penalty greater than one thousand dollars ($1,000) but
less than or equal to ten thousand dollars ($10,000).
   (4) To the nearest multiple of five thousand dollars ($5,000) in
the case of a penalty greater than ten thousand dollars ($10,000) but
less than or equal to one hundred thousand dollars ($100,000).
   (5) To the nearest multiple of ten thousand dollars ($10,000) in
the case of a penalty greater than one hundred thousand dollars
($100,000) but less than or equal to two hundred thousand dollars
($200,000).
   (6) To the nearest multiple of twenty-five thousand dollars
($25,000) in the case of a penalty greater than two hundred thousand
dollars ($200,000).
   (c) Inflation adjustments made pursuant to this 
subdivision   section  shall be exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (d) Updated penalties resulting from inflation adjustments made
pursuant to this section shall be filed with the Secretary of State
and published in the California Code of Regulations.