Bill Text: CA SB71 | 2013-2014 | Regular Session | Chaptered
Bill Title: State government.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2013-06-27 - Chaptered by Secretary of State. Chapter 28, Statutes of 2013. [SB71 Detail]
Download: California-2013-SB71-Chaptered.html
BILL NUMBER: SB 71 CHAPTERED
BILL TEXT
CHAPTER 28
FILED WITH SECRETARY OF STATE JUNE 27, 2013
APPROVED BY GOVERNOR JUNE 27, 2013
PASSED THE SENATE JUNE 24, 2013
PASSED THE ASSEMBLY JUNE 20, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act to amend Sections 100010 and 100115 of, and to add Section
94874.8 to, the Education Code, to amend Sections 8592.1, 8592.5,
8592.7, 8690.6, 11542, 13964, 14615.1, 15251, 15253, 15254, 15275,
15277, 18671.2, 23025, 53108.5, 53114.1, 53115.1, and 53126.5 of, to
add Sections 8250.1, 11543, 13295.5, and 13963.1 to, to add Chapter 9
(commencing with Section 14930) to Part 5.5 of Division 3 of Title 2
and Chapter 3 (commencing with Section 15278) to Part 6.5 of
Division 3 of Title 2 of, and to add and repeal Article 8 (commencing
with Section 19210) of Chapter 5 of Part 2 of Division 5 of Title 2
of, to repeal Section 8169.6 of, and to repeal and add Section 18662
of, the Government Code, to amend Section 10089.7 of the Insurance
Code, to amend Sections 62.5, 139.48, 1024, 1771.3, 1771.5, 7852,
7856, and 7870 of, to amend and repeal Section 62.7 of, to add
Sections 62.8 and 1063.5 to, and to repeal Section 62.9 of, the Labor
Code, to amend Sections 1203, 13518.1, 13701, 13710, and 13730 of
the Penal Code, to amend Sections 10351, 12100, 12100.5, 12100.7,
12101, 12101.2, 12101.5, 12102, 12103, 12103.5, 12104, 12104.5,
12105, 12106, 12108, 12109, 12112, 12120, 12125, 12126, and 12128 of,
to add Sections 12102.1 and 12102.2 to, and to repeal Section 12121
of, the Public Contract Code, to amend Section 75121 of the Public
Resources Code, to amend Sections 2872.5, 2892, and 2892.1 of the
Public Utilities Code, to amend Sections 41030, 41031, 41032, 41136,
41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141, and 41142 of the
Revenue and Taxation Code, to amend Section 5066 of the Vehicle
Code, and to amend Section 656.2 of the Welfare and Institutions
Code, relating to state and local government, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 71, Committee on Budget and Fiscal Review. State government.
(1) Existing law, the California Private Postsecondary Education
Act of 2009, provides, among other things, for student protections
and regulatory oversight of private postsecondary institutions in the
state. The act is enforced by the Bureau for Private Postsecondary
Education within the Department of Consumer Affairs. The act exempts
specified institutions, including institutions accredited by certain
federally recognized accrediting agencies and institutions accredited
by a regional accrediting agency, from its provisions, and is
repealed on January 1, 2015.
This bill would authorize certain institutions, which are
otherwise exempt from the requirement in the act that they obtain
approval to operate from the bureau, to apply to the bureau for an
approval to operate under the act. The bill would specify the
authority of the bureau with regard to those institutions and would
provide that, upon being issued an approval to operate, those
institutions would be subject to the act and regulations adopted
pursuant to the act. The bill would require these institutions to
report certain placement and salary or wage data to the bureau and
provide certain information to prospective students. This bill would
provide that an institution that was approved to operate by the
bureau before its effective date shall be deemed to have been
approved pursuant to the bill's provisions. All of these provisions
would be repealed on January 1, 2015, as part of the act.
(2) The California Constitution authorizes the Legislature, at any
time after the approval by the voters of a law authorizing the
issuance of bonded indebtedness, to reduce the amount of the
indebtedness authorized by the law to an amount not less than the
amount contracted at the time of the reduction.
This bill would reduce the amount of bonded indebtedness
authorized by the Public Education Facilities Bond Act of 1996 by
$12,965,000.
(3) Existing law authorizes the Director of General Services to
purchase, exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, within the jurisdiction of the Capital Area Plan in the
City of Sacramento and authorizes the State Public Works Board to
issue up to $391,000,000 in revenue bonds, negotiable notes, or
negotiable bond anticipation notes to finance the costs associated
with the acquisition, design, and construction of office and parking
facilities in the Capital Area Plan.
This bill would repeal this authority given to the Director of
General Services and the State Public Works Board.
(4) Existing law creates within state government the Commission on
the Status of Women and Girls. Existing law requires the commission
to act as an information center on the status of women and women's
educational, employment, and other related needs.
This bill would create a fund in the State Treasury to carry out
these provisions.
(5) Existing law, the California Disaster Assistance Act,
establishes, until January 1, 2014, the Disaster Response-Emergency
Operations Account in the Special Fund for Economic Uncertainties and
continuously appropriates its revenue for allocation by the Director
of Finance to state agencies for disaster response operation costs
incurred as a result of a proclamation by the Governor of a state of
emergency.
This bill would extend the termination date for these provisions
until January 1, 2019, and would thereby make an appropriation by
extending the time during which funds are continuously appropriated
from the account.
(6) The California Victim Compensation and Government Claims Board
administers a program to assist state residents to obtain
compensation for their pecuniary losses suffered as a direct result
of criminal acts. Payment is made under these provisions from the
Restitution Fund, which is continuously appropriated to the board for
these purposes.
This bill would authorize the board, as specified, to administer a
program to award, upon appropriation by the Legislature, up to
$2,000,000 in grants, annually, to trauma recovery centers, as
defined, funded from the Restitution Fund.
(7) Existing law authorizes a state agency to furnish services,
materials, or equipment to, or perform work for, any other state
agency upon terms and conditions and for such consideration as they
may determine, and to enter into agreements for that purpose, subject
to approval of the Director of General Services. Existing law
requires a state agency that furnishes the services, materials, or
equipment to, or performs the work for, the other state agency to
compute charges in a manner approved by the Director of Finance.
This bill would authorize the Department of Finance to furnish
services to, or provide work for, any other state agency, as
requested by the state agency, the Governor, or the Legislature, or
as otherwise needed or directed, which agreement would not require
approval by the Director of General Services. The bill would require
the department to charge the state agency an amount sufficient to
recover the costs of furnishing services to, or the work performed
for, the state agency, and would require the Controller to transfer
to the department the amount of the charge for services rendered or
the work performed from the state agency's support appropriation to
the appropriation for the support of the department, as specified.
(8) Existing law governing the acquisition of information
technology goods and services requires all contracts for the
acquisition of information technology goods and services, whether by
lease or purchase, to be made under the supervision of the Department
of General Services. Existing law requires procedures developed by
the Department of General Services to provide for, among other
things, the expeditious and value-effective acquisition of
information technology goods and services to satisfy state
requirements and the acquisition of information technology goods and
services within a competitive framework. Existing law requires the
Department of General Services to maintain, in the State
Administrative Manual, policies and procedures governing the
acquisition and disposal of information technology goods and
services. Existing law requires the acquisition of information
technology goods and services to be conducted through competitive
means, except when the Director of General Services makes specified
determinations. Under existing law, the Regents of the University of
California, the Trustees of the California State University, and the
Board of Governors of the California Community Colleges are not
subject to those provisions governing the acquisition of information
technology goods and services, except that the board is required to
adopt policies and procedures that further the legislative policies
of those provisions.
This bill would establish the Golden State Financial Marketplace
Program or GS $Mart Program (program). The bill would authorize the
Department of General Services to structure, administer, and maintain
the program, the state's centralized financing program available for
state agencies to finance certain goods and services, as described.
The bill would make state agencies, defined to include every state
office, officer, department, division, bureau, board, and commission
and the California State University and the Regents of the University
of California, eligible to apply to the program in order to enter
into agreements for financing those specified assets, including, but
not limited to, energy efficiency measures, energy savings contracts,
or technology goods or services, without further competitive
bidding. The bill would also authorize state agencies to refinance
any eligible asset through the program for various purposes. The bill
would require the Department of General Services to develop a
financing process for the program that requires, among other things,
confirmation that the term of financing shall be limited to the
average expected economic life of the asset or assets and the
preparation and submission of payment schedules to the Controller for
use by the Controller in transferring funds appropriated in the
annual Budget Act to a state agency participating in the program for
payments due under the financing program. The bill would authorize
the Controller to direct the transfer of funds according to the
schedule or schedules submitted by the Department of General Services
pursuant to the program. This bill would require the Department of
General Services to annually provide a report to the Joint
Legislative Budget Committee, the State Treasurer's Office, and the
Department of Finance to include specified information, including the
total amount of outstanding GS $Mart loans.
(9) Existing law authorizes the State Personnel Board to conduct
an audit of an appointing authority's personnel practices to ensure
compliance with the civil service laws and board regulations,
including selection and examination procedures, appointments,
promotions, the management of probationary periods, personal services
contracts, discipline and adverse actions, or any other area related
to the operation of merit principle in state civil service. Existing
law requires the board to recover the cost of any audit or
investigation from the audited department.
This bill would delete that cost recovery provision, and, instead,
require the board to determine costs associated with the board's
audit and special investigative authority and recover costs by
billing appointing authorities in accordance with prescribed
procedures. This bill would require the Controller to transfer to the
board any moneys owed to the board by any appointing authority under
these provisions. The bill would require the board to report
annually on its audit and special investigation activities pursuant
to the bill from the preceding fiscal year to the Chairperson of the
Joint Legislative Budget Committee.
(10) Existing law authorizes the board to hold hearings and make
investigations concerning all matters relating to the enforcement and
effect of the State Civil Service Act, as specified, and to
determine and recover the attendant costs.
This bill would require the Controller to transfer to the board
any moneys owed to the board by any state agency or department for
charges determined by the board.
(11) Existing law establishes the Department of Human Resources in
state government to operate the state civil service system in
accordance with Article VII of the California Constitution, the
Government Code, the merit principle, and applicable rules duly
adopted by the State Personnel Board. Existing law requires that
civil service positions be filled by appointment, except as provided.
This bill would require the Department of Human Resources to
submit reports to the Joint Legislative Budget Committee and certain
fiscal committees of the Legislature, by November 30, 2013, and
November 30, 2014, regarding additional appointments held by state
employees, as specified. The bill would also require, by November 30,
2013, the State Personnel Board to submit a report to the Joint
Legislative Budget Committee and certain fiscal committees of the
Legislature regarding the policies and practices included in the
Personnel Management Policy and Procedures Manual, as specified.
(12) Existing law provides for the California Earthquake Authority
(CEA) governed by a 3-member governing board consisting of the
Governor, the Treasurer, and the Insurance Commissioner. The Speaker
of the Assembly and the Chairperson of the Senate Committee on Rules
serve as nonvoting, ex officio members of the board. The CEA is
vested with certain powers and duties, including, but not limited to,
the authorization to employ a maximum of 25 people subject to civil
service provisions.
This bill would remove the limit on the number of people, subject
to civil service provisions, that the CEA can employ.
(13) Existing law establishes a return-to-work program,
administered by the Department of Industrial Relations, to make
supplemental payments to workers whose permanent disability benefits
are disproportionately low in comparison to their earnings loss.
Existing law appropriates $120,000,000 per year to fund this program.
This bill would specify that the moneys remain available for use
by the program without respect to fiscal year and that the program
applies only to injuries that occur on or after January 1, 2013.
(14) Existing law creates the Occupational Safety and Health Fund
(OSHF) as a special account in the State Treasury, and authorizes the
expenditure of moneys in the account by the Department of Industrial
Relations, upon appropriation by the Legislature, for support of the
Division of Occupational Safety and Health, the Occupational Safety
and Health Standards Board, and the Occupational Safety and Health
Appeals Board, and the activities these entities perform as set forth
in existing law. Existing law creates the Labor Enforcement and
Compliance Fund (LECF) as a special account in the State Treasury and
authorizes the expenditure of moneys in the account by the
department, upon appropriation by the Legislature, for the support of
specified activities that the Division of Labor Standards
Enforcement performs. Existing law requires the Director of
Industrial Relations to impose separate surcharges on employers for
purposes of deposit in the OSHF and LECF and establishes $52,000,000
and $37,000,000 revenue caps for those surcharges, respectively, to
be adjusted as prescribed. The provisions for the LECF, and the OSHF
revenue cap, become inoperative on July 1, 2013.
This bill would increase those revenue caps to $57,000,000 for the
OSHF, to be adjusted as prescribed, and $46,000,000 for the LECF, to
be adjusted as prescribed. The bill would delete that July 1, 2013,
inoperative provision, thereby making the provisions for the LECF,
and the OSHF revenue cap, operative indefinitely.
Existing law establishes the Cal-OSHA Targeted Inspection and
Consultation Fund (TICF) as a special account in the State Treasury,
and authorizes the expenditure of moneys in the account by the
department, upon appropriation by the Legislature, for the costs of a
Cal-OSHA targeted inspection program and a Cal-OSHA targeted
consultation program. Existing law requires the director to levy and
collect assessments as prescribed to produce revenue sufficient to
fund those programs.
This bill would make the TICF inoperative on June 30, 2014, and
repeal that fund as of January 1, 2015. The bill would require any
moneys in the TICF on the effective date of the bill, less
$5,000,000, to be deposited in the OSHF, and, effective June 30,
2014, the remaining balance in that fund, to be transferred to, and
become part of, the OSHF. The bill would require, for the 2013-14
fiscal year only, the OSHF revenue cap to be reduced by an amount
equivalent to the balance transferred from the TICF, less any amount
of that balance loaned to the State Public Works Enforcement Fund.
Existing law creates the State Public Works Enforcement Fund as a
special fund in the State Treasury, and requires all moneys in the
fund to be continuously appropriated to the Department of Industrial
Relations, to monitor and enforce compliance with the applicable
prevailing wage requirements on public works projects paid for in
whole or part out of public funds that are derived from bonds issued
by the state, and on other projects for which the department provides
prevailing wage monitoring and enforcement activities and for which
it is to be reimbursed by the awarding body, as provided.
This bill would appropriate for transfer by the State Controller
upon order by the Department of Finance from the TICF a loan to the
State Public Works Enforcement Fund. Because the State Public Works
Enforcement Fund is a continuously appropriated fund, this transfer
would make an appropriation. This bill would require the loan to be
repaid to the OSHF by June 15, 2015, with interest, as calculated.
(15) Under existing law, a person without a valid state contractor'
s license who employs a worker to perform services for which such a
license is required is subject to a specified civil penalty. Civil
penalties collected pursuant to these provisions are required to be
deposited in the Industrial Relations Construction Industry
Enforcement Fund to be used, upon appropriation by the Legislature,
for the purpose of enforcing these provisions relating to prohibited
employment by unlicensed contractors.
This bill would, as of July 1, 2013, eliminate the Industrial
Relations Construction Industry Enforcement Fund, and direct the
civil penalties to be deposited in the Labor Enforcement and
Compliance Fund, a special fund used for, among others, the purpose
of enforcing the provisions relating to prohibited employment by
unlicensed contractors. The bill would also provide for the transfer
of the remaining balance, assets, liabilities, revenue, and
expenditures of the Industrial Relations Construction Industry
Enforcement Fund to the Labor Enforcement and Compliance Fund.
(16) Existing law requires the Occupational Safety and Health
Standards Board to, no later than July 1, 1992, adopt specified
process safety management standards for prescribed petroleum
refineries, chemical plants, and other manufacturing facilities. The
law requires certain employers to establish and implement an
emergency action plan unless a prescribed business plan for emergency
response meets the standards established by the board.
Existing law, notwithstanding the availability of federal funds,
authorizes the Division of Occupational Safety and Health to fix and
collect reasonable fees for consultation, inspection, adoption of
standards, and other duties conducted pursuant to these provisions
and, upon appropriation by the Legislature, authorizes expenditure of
those fees for these purposes.
This bill would, instead, require the board to adopt these
regulations and fees by March 31, 2014. The bill would require that
the annual fees be sufficient to support, at a minimum, 15 positions.
This bill would require that the fees be deposited into the
Occupational Safety and Health Fund.
(17) Existing law, the Displaced Janitor Opportunity Act, requires
contractors and subcontractors, as defined, that are awarded
contracts or subcontracts to provide janitorial or building
maintenance services at a particular job site or sites, to retain,
for a period of 60 days, certain employees who were employed at that
site by the previous contractor or subcontractor. The act also
requires that employees retained for that 60-day period be offered
continued employment if their performance during that 60-day period
is satisfactory. The act authorizes an employee who was not offered
employment or who has been discharged in violation of these
provisions by a successor contractor or successor subcontractor, or
an agent of the employee, to bring an action against a successor
contractor or successor subcontractor in any superior court of the
state having jurisdiction over the successor contractor or successor
subcontractor, as specified.
This bill would, until December 31, 2014, apply the provisions of
the Displaced Janitor Opportunity Act to every contractor, as
defined, that provides food and beverage services at a publicly owned
entertainment venue, as defined.
(18) Existing law defines the term "public works" for purposes of
requirements regarding the payment of prevailing wages, the
regulation of working hours, and the securing of workers'
compensation for public works projects.
Existing law authorizes the awarding body for a public works
project to not require the payment of the general prevailing rate of
per diem wages on public works projects of specified sizes and types
of work, if, among other things, the awarding body elects to
reimburse the Department of Industrial Relations for the cost of
monitoring and enforcing compliance with prevailing wage requirements
for every public works project of the awarding body. Under existing
law, the department is required to determine the rate of
reimbursement the department will charge an awarding body for the
costs of those monitoring and enforcement services, which may not
exceed 1/4 of 1% of the total public works project costs.
This bill would delete that limitation on the amount the
department may charge an awarding body as reimbursement for those
costs.
Under existing law, the Department of Industrial Relations is
required to monitor and enforce compliance with applicable prevailing
wage requirements for any public works project paid for in whole or
in part out of public funds that are derived from bonds issued by the
state. The department is required to charge the awarding body for
the reasonable and directly related costs of monitoring and enforcing
compliance with the prevailing wage requirements on each project.
Under existing law, the department, with approval of the Director of
Finance, is required to determine the rate of reimbursement the
department will charge an awarding body for the costs of those
monitoring and enforcement services, which may not exceed 1/4 of 1%
of the state bond proceeds used for the public works project.
This bill would delete that limitation on the amount the
department may charge an awarding body as reimbursement for those
costs, and instead limit the amount of bond funds utilized by an
awarding body to pay the department's fee to 1/4 of 1% of the state
bond proceeds used for the public works project. This bill would
require the remaining costs of monitoring and enforcing compliance to
be paid from other funds authorized to be used to finance the
project.
This bill would require the department to annually provide
specified information to assist an awarding body to reasonably
estimate the annual cost of monitoring and enforcing compliance.
Money that is collected by the department for the cost of
monitoring and enforcing compliance for those public works projects
is deposited into the State Public Works Enforcement Fund, a
continuously appropriated fund.
By increasing the amount of fees that would be deposited into the
fund, this bill would make an appropriation.
(19) Existing law requires that a county that provides emergency
services to provide deaf teletype equipment at a central location
within the county to relay requests for the emergency services.
This bill would state that a county is encouraged to provide deaf
teletype equipment in order to comply with the Americans with
Disabilities Act and other applicable federal provisions.
(20) Existing law requires a court to require a probation officer
to prepare a written probation report when a person is convicted of a
felony and is eligible for probation. Existing law requires the
probation officer to include a recommendation in the report of the
amount the defendant may be required to pay as a restitution fine and
whether the court shall require restitution to the victim or the
Restitution Fund as a condition of probation.
This bill would instead provide that a probation officer may
include these provisions in his or her probation report.
(21) Existing law requires every law enforcement agency that
employs peace officers that are required to meet the training
standards prescribed by the Emergency Medical Services Authority for
the administration of first aid and cardiopulmonary resuscitation to
provide each of these peace officers an appropriate portable manual
mask and airway assembly for use when applying cardiopulmonary
resuscitation.
This bill would instead provide that a law enforcement agency may
provide these masks and airway assemblies to the above-specified
peace officers.
(22) Existing law requires every law enforcement agency in the
state to adopt written policies and standards for officers' responses
to domestic violence calls, and requires the policies to contain
specified provisions, as provided. Existing law requires the policies
to be available to the public upon request.
This bill would instead provide that these law enforcement
agencies may adopt written policies as a best practice, and would
provide that the policies may contain the specified provisions.
(23) Existing law requires law enforcement agencies to maintain a
complete and systematic record of all protection orders with respect
to domestic violence incidents, and requires that these be used to
inform law enforcement officers responding to domestic violence calls
of the existence, terms, and effective dates of protection orders in
effect.
This bill would instead provide that law enforcement agencies may
maintain these records as a best practice, and that they may be used
to inform law enforcement officers responding to domestic violence
calls of the existence, terms, and effective dates of protection
orders in effect.
(24) Existing law requires each law enforcement agency to develop
a system for recording all domestic violence-related calls for
assistance made to the department, and requires these calls to be
supported with a written incident report. Existing law requires that
the total number of domestic violence calls be compiled by each law
enforcement agency monthly and submitted to the Attorney General.
Existing law requires each law enforcement agency to develop an
incident report form, as specified.
This bill would instead provide that each law enforcement agency
may develop the above system, and that the calls may be supported
with a written incident report. The bill would provide that the total
number of domestic calls may be compiled, and that each law
enforcement agency may develop an incident report form.
(25) Existing law requires that a victim has the right to present
a victim impact statement in all juvenile court hearings alleging the
commission of any criminal offense. If the victim exercises the
right to submit a victim impact statement to a probation officer,
existing law requires the probation officer to include the statement
in his or her social study.
This bill would instead provide that the probation officer is
encouraged to include the statement in his or her social study.
(26) Existing law provides for Department of General Services
approval of state agency contracts for services. However, contracts
under $75,000 are exempt if a state agency complies with certain
requirements.
This bill would increase the exemption amount to apply to those
contracts under $150,000.
(27) Existing law authorizes the Department of General Services to
maintain, develop, and prescribe procedures and policies for the
procurement of information technology for
the state, and requires the department to maintain in
the State Administrative Manual policies and procedures governing the
acquisition and disposal of information technology goods and
services. Existing law also authorizes the Department of Technology
to, among other duties related to technology services for the state,
oversee information technology projects.
This bill would, as of July 1, 2013, realign and modify the duties
relating to the procurement of information technology goods and
services and information projects between the Department of General
Services and the Department of Technology, and exempt the Department
of Technology from the Administrative Procedure Act when promulgating
rules relating to these duties.
(28) Existing law authorizes the Department of Motor Vehicles, in
conjunction with the California Highway Patrol, to design and make
available for issuance the California memorial license plate.
Existing law requires the revenue from specified fees imposed in
connection with the issuance, renewal, transfer, and substitution of
California memorial license plates to be deposited in the
Antiterrorism Fund within the General Fund, and provides that
one-half of the money, upon appropriation by the Legislature, be
allocated solely for antiterrorism activities, as provided. Existing
law provides that the administering agency shall not use more than 5%
of the money appropriated to it from the fund for administrative
purposes.
This bill would revise those provisions to prohibit the
administering agency, the Office of Emergency Services, from using
more than 5% of the money appropriated from the fund for local
antiterrorism efforts for administrative purposes. The bill would
make additional technical, conforming changes.
(29) The Governor's Reorganization Plan No. 2 of 2012 (GRP No. 2),
operative July 1, 2013, generally requires the Office of Emergency
Services, rather than the California Emergency Management Agency, to
develop and implement the state's preparedness for emergencies and
the Department of Technology, rather than the California Technology
Agency or the State Chief Information Officer, to perform specified
duties relating to communications technology.
This bill would, on July 1, 2013, enact statutory changes related
to the responsibilities of the Office of Emergency Services under GRP
No. 2 to perform specified duties related to emergency and public
safety communications, and, in this regard, transfer certain duties
from the California Emergency Management Agency, the Department of
Technology, and the State Chief Information Officer to the Office of
Emergency Services. This bill would also enact the Public Safety
Communications Act of 2013, and establish the Public Safety
Communications Division within the Office of Emergency Services to be
under the supervision of a chief.
(30) Existing law creates the Strategic Growth Council, consisting
of specified state officers and a public member appointed by the
Governor, with specified duties relating to coordination of actions
of state agencies relative to improvement of air and water quality,
natural resource protection, transportation, and various other
matters.
Existing law and the Governor's Reorganization Plan No. 2 of 2012,
effective July 3, 2012, and operative July 1, 2013, assigns and
reorganizes the various functions of state government among executive
officers and agencies by, among other things, creating the Business,
Consumer Services, and Housing Agency headed by a secretary.
This bill would add the Secretary of Business, Consumer Services,
and Housing to the council.
(31) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 94874.8 is added to the Education Code, to
read:
94874.8. (a) An institution exempt from all or part of this
chapter pursuant to subdivision (i) or (j) of Section 94874 or
Section 94874.1 may apply to the bureau for an approval to operate
pursuant to this section, but only subject to all of the following
provisions:
(1) The bureau may approve the operation of an institution that is
exempt from all or part of this chapter as specified above in
accordance with the authority granted pursuant to Article 6
(commencing with Section 94885). Upon issuing an approval to operate
to an institution pursuant to this section, the bureau is authorized
to regulate that institution through the full set of powers granted,
and duties imposed, by this chapter, as those powers and duties would
apply to an institution that is not exempt from this chapter.
(2) Notwithstanding any other law, upon issuance of an approval to
operate pursuant to this section, the institution is no longer
eligible for exemption, from the provisions of this chapter pursuant
to subdivision (i) or (j) of Section 94874 or Section 94874.1, unless
authorized by subsequent legislation.
(3) Upon issuance of an approval to operate pursuant to this
section, an institution is subject to all provisions of this chapter,
and any regulations adopted pursuant to this chapter, that apply to
an institution subject to this chapter, except as expressly provided
in paragraph (4).
(4) (A) With respect to the placement and salary or wage data
required to be collected, calculated, and reported by Article 16
(commencing with Section 94928), an institution issued an approval to
operate pursuant to this section is not required to report on its
first School Performance Fact Sheet any data from the period prior to
the date of the issuance of the approval to operate that the
institution was not required to collect and does not have available
to it. An institution shall, however, report available data collected
and calculated in accordance with this chapter and applicable
regulations, regardless of the purpose for which the data was
collected. If the required data is unavailable, the institution shall
also disclose the unavailability of the data on all documents
required by this chapter and regulations adopted pursuant to this
chapter. Upon receiving an approval to operate pursuant to this
section, an institution shall commence to collect and calculate all
information necessary to comply with Article 16 (commencing with
Section 94928).
(B) An institution receiving an approval to operate pursuant to
this section shall provide to prospective students the School
Performance Fact Sheet, file that fact sheet with the bureau, and
post it on the institution's Internet Web site no later than the
first August 1 after the institution is approved to operate and no
later than August 1 of each year thereafter. These School Performance
Fact Sheets shall report data for the previous two calendar years
based upon the number of students who began the program or the number
of graduates for each reported calendar year. If two calendar years
have not passed since the issuance of the approval to operate by the
August 1 deadline for the School Performance Fact Sheet, unless data
for two years is available, the institution shall report the required
data for the period subsequent to the date of the issuance of the
notice of approval.
(b) An institution exempt from all or part of this chapter
pursuant to subdivision (i) or (j) of Section 94874 or Section
94874.1 that was approved to operate by the bureau before the
effective date of this section shall be deemed to have been approved
pursuant to this section.
SEC. 2. Section 100010 of the Education Code is amended to read:
100010. Two billion twelve million thirty-five thousand dollars
($2,012,035,000) of the proceeds of bonds issued and sold pursuant to
this chapter shall be deposited in the State School Building
Lease-Purchase Fund.
SEC. 3. Section 100115 of the Education Code is amended to read:
100115. Nine hundred seventy-five million dollars ($975,000,000)
of the proceeds of bonds issued and sold pursuant to this chapter
shall be deposited in the 1996 Higher Education Capital Outlay Bond
Fund, which is hereby created.
SEC. 4. Section 8169.6 of the Government Code is repealed.
SEC. 5. Section 8250.1 is added to the Government Code, to read:
8250.1. The Women and Girls Fund is hereby created as a fund in
the State Treasury to carry out this chapter in support of the
commission upon appropriation by the Legislature in the annual Budget
Act. Subject to the approval of the Department of Finance, all
moneys collected or received by the commission from gifts, bequests,
or donations shall be deposited in the State Treasury to the credit
of the Women and Girls Fund, in accordance with the terms of the gift
or donation from which the moneys are derived and in accordance with
Sections 8647, 11005, 11005.1, and 16302 of the Government Code.
Upon the approval and the establishment of the Women and Girls Fund,
any funds deposited and remaining in the Commission on the Status of
Women and Girls Fund special deposit fund for the purposes of
supporting the activities of the Commission on the Status of Women
and Girls shall be transferred to the Women and Girls Fund.
SEC. 6. Section 8592.1 of the Government Code is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and that
consists of representatives of the following state entities:
(1) The Office of Emergency Services, who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Wildlife.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of Technology.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 7. Section 8592.5 of the Government Code is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Association of Public-Safety Communications Officials,
Inc., National Association of State Telecommunications Directors,
and agencies of the federal government, commonly referred to as
"APCO/NASTD/FED."
(2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either of the
following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Office of Emergency Services.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.
SEC. 8. Section 8592.7 of the Government Code is amended to read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan.
(c) The Office of Emergency Services shall review the plans
submitted pursuant to subdivision (a) for consistency with the
technical requirements of the statewide integrated public safety
communication strategic plan.
SEC. 9. Section 8690.6 of the Government Code is amended to read:
8690.6. (a) The Disaster Response-Emergency Operations Account is
hereby established in the Special Fund for Economic Uncertainties.
Notwithstanding Section 13340, moneys in the account are continuously
appropriated, subject to the limitations specified in subdivisions
(c) and (d), without regard to fiscal years, for allocation by the
Director of Finance to state agencies for disaster response operation
costs incurred by state agencies as a result of a proclamation by
the Governor of a state of emergency, as defined in subdivision (b)
of Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
(b) It is the intent of the Legislature that the Disaster
Response-Emergency Operations Account have an unencumbered balance of
one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
(c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
(d) Notwithstanding any other law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if failure to undertake the project may interrupt essential
state services or jeopardize public health or safety. In addition,
any acquisition accomplished under this subdivision shall comply with
any otherwise applicable law, except as provided in the first
sentence of this subdivision.
(e) Funds allocated under this section shall not be used to
supplant federal funds otherwise available in the absence of state
financial relief.
(f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted
against the state, its agents, or employees, for causing or
contributing to the effects of the proclaimed disaster.
(g) Any public entity administering disaster assistance to
individuals shall not receive funds under this section unless it
administers that assistance pursuant to the following criteria:
(1) All applications, forms, and other written materials presented
to persons seeking assistance shall be available in English and in
the same language as that used by the major non-English-speaking
group within the disaster area.
(2) Bilingual staff who reflect the demographics of the disaster
area shall be available to applicants.
(h) Notwithstanding any other law, funds in the Disaster
Response-Emergency Operations Account shall not be expended for
conditions in the state's prisons, medical facilities, or youth
correctional facilities resulting solely from the action or inaction
of the Department of Corrections and Rehabilitation in administering
those facilities.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 10. Section 11542 of the Government Code is amended to read:
11542. (a) The Stephen P. Teale Data Center and the California
Health and Human Services Agency Data Center are consolidated within,
and their functions are transferred to, the Office of Technology
Services.
(b) Except as expressly provided otherwise in this chapter, the
Office of Technology Services is the successor to, and is vested
with, all of the duties, powers, purposes, responsibilities, and
jurisdiction of the Stephen P. Teale Data Center, and the California
Health and Human Services Agency Data Center. Any reference in
statutes, regulations, or contracts to those entities with respect to
the transferred functions shall be construed to refer to the Office
of Technology Services unless the context clearly requires otherwise.
(c) A lease, license, or any other agreement to which either the
Stephen P. Teale Data Center or the California Health and Human
Services Agency Data Center is a party shall not be void or voidable
by reason of this chapter, but shall continue in full force and
effect, with the Office of Technology Services assuming all of the
rights, obligations, and duties of the Stephen P. Teale Data Center
or the California Health and Human Services Agency Data Center,
respectively.
(d) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Office of Technology Services.
(e) Any reference in statute regulation, or contract to the former
Stephen P. Teale Data Center Fund or the California Health and Human
Services Data Center Revolving Fund shall be construed to refer to
the Technology Services Revolving Fund unless the context clearly
requires otherwise.
(f) All books, documents, records, and property of the Stephen P.
Teale Data Center and the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, shall be
transferred to the Office of Technology Services.
(g) (1) All officers and employees of the former Stephen P. Teale
Data Center and the California Health and Human Services Agency Data
Center, are transferred to the Office of Technology Services.
(2) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, shall not be affected by the transfer
and consolidation of the functions of that officer or employee to the
Office of Technology Services.
SEC. 11. Section 11543 is added to the Government Code, to read:
11543. If the Legislature directs or authorizes the Department of
Technology to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties
under this chapter, Chapter 5.6 (commencing with Section 11545), Part
6.5 (commencing with Section 15250), Section 6611 of the Public
Contract Code, or Chapter 3 (commencing with Section 12100) or
Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2
of the Public Contract Code, the action by the department shall be
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1). This
section shall apply to actions taken by the department with respect
to the State Administrative Manual and the State Contracting Manual.
SEC. 12. Section 13295.5 is added to the Government Code, to read:
13295.5. (a) Notwithstanding Section 11256, or any other law, the
department may furnish services to, or provide work for, any other
state agency, as requested by the state agency, the Governor, or the
Legislature, or as otherwise needed or directed.
(b) Prior to the commencement of any service or work, the
department shall provide to the relevant state agency estimates of
charges and the scope of work to be performed or services to be
furnished.
(c) The department shall charge an amount sufficient to recover
the costs of furnishing services or the work performed. The
department shall certify to both the Controller and the relevant
state agency the actual charges that are due and payable for services
furnished or the work performed.
(d) Pursuant to Section 11255, the Controller shall transfer to
the department the amount of the charges for services rendered or the
work performed from the agencies' appropriation to the appropriation
for the support of the department. The amounts are to be transferred
to the Department of Finance reimbursement account within the
General Fund.
SEC. 13. Section 13963.1 is added to the Government Code, to read:
13963.1. (a) The Legislature finds and declares all of the
following:
(1) Without treatment, approximately 50 percent of people who
survive a traumatic, violent injury experience lasting or extended
psychological or social difficulties. Untreated psychological trauma
often has severe economic consequences, including overuse of costly
medical services, loss of income, failure to return to gainful
employment, loss of medical insurance, and loss of stable housing.
(2) Victims of crime should receive timely and effective mental
health treatment.
(3) The board shall administer a program to evaluate applications
and award grants to trauma recovery centers.
(b) The board shall award a grant only to a trauma recovery center
that meets both of the following criteria:
(1) The trauma recovery center demonstrates that it serves as a
community resource by providing services, including, but not limited
to, making presentations and providing training to law enforcement,
community-based agencies, and other health care providers on the
identification and effects of violent crime.
(2) Any other related criteria required by the board.
(c) Upon appropriation by the Legislature, the board shall award
grants totaling up to two million dollars ($2,000,000) per year. All
grants shall be funded only from the Restitution Fund.
(d) The board may award a grant providing funding for up to a
maximum period of three years. Any portion of a grant that a trauma
recovery center does not use within the specified grant period shall
revert to the Restitution Fund. The board may award consecutive
grants to a trauma recovery center to prevent a lapse in funding. The
board shall not award a trauma recovery center more than one grant
for any period of time.
(e) The board, when considering grant applications, shall give
preference to a trauma recovery center that conducts outreach to, and
serves, both of the following:
(1) Crime victims who typically are unable to access traditional
services, including, but not limited to, victims who are homeless,
chronically mentally ill, of diverse ethnicity, members of immigrant
and refugee groups, disabled, who have severe trauma-related symptoms
or complex psychological issues, or juvenile victims, including
minors who have had contact with the juvenile dependency or justice
system.
(2) Victims of a wide range of crimes, including, but not limited
to, victims of sexual assault, domestic violence, physical assault,
shooting, stabbing, and vehicular assault, and family members of
homicide victims.
(f) The trauma recovery center sites shall be selected by the
board through a well-defined selection process that takes into
account the rate of crime and geographic distribution to serve the
greatest number of victims.
(g) A trauma recovery center that is awarded a grant shall do both
of the following:
(1) Report to the board annually on how grant funds were spent,
how many clients were served (counting an individual client who
receives multiple services only once), units of service, staff
productivity, treatment outcomes, and patient flow throughout both
the clinical and evaluation components of service.
(2) In compliance with federal statutes and rules governing
federal matching funds for victims' services, each center shall
submit any forms and data requested by the board to allow the board
to receive the 60 percent federal matching funds for eligible victim
services and allowable expenses.
(h) For purposes of this section, a trauma recovery center
provides, including, but not limited to, all of the following
resources, treatments, and recovery services to crime victims:
(1) Mental health services.
(2) Assertive community-based outreach and clinical case
management.
(3) Coordination of care among medical and mental health care
providers, law enforcement agencies, and other social services.
(4) Services to family members and loved ones of homicide victims.
(5) A multidisciplinary staff of clinicians that includes
psychiatrists, psychologists, and social workers.
SEC. 14. Section 13964 of the Government Code is amended to read:
13964. (a) Claims under this chapter shall be paid from the
Restitution Fund.
(b) Notwithstanding Section 13340, except for funds to support
trauma recovery center grants pursuant to Section 13963.1, the
proceeds in the Restitution Fund are hereby continuously appropriated
to the board, without regard to fiscal years, for the purposes of
this chapter. However, the funds appropriated pursuant to this
section for administrative costs of the board shall be subject to
annual review through the State Budget process.
(c) A sum not to exceed 15 percent of the amount appropriated
annually to pay claims pursuant to this chapter may be withdrawn from
the Restitution Fund, to be used as a revolving fund by the board
for the payment of emergency awards pursuant to Section 13961.
SEC. 15. Section 14615.1 of the Government Code is amended to
read:
14615.1. (a) Where the Legislature directs or authorizes the
department to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties under
this chapter, Chapter 2 (commencing with Section 14650), Section
6611 of the Public Contract Code, or Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code, the action by the
department shall be exempt from 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)). This section shall apply
to actions taken by the department with respect to the State
Administrative Manual and the State Contracting Manual.
(b) To the extent permitted by the United States and California
Constitutions, subdivision (a) also applies to actions taken by the
department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.
SEC. 16. Chapter 9 (commencing with Section 14930) is added to
Part 5.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 9. GOLDEN STATE FINANCIAL MARKETPLACE PROGRAM (GS
$MART PROGRAM)
14930. This chapter shall be known and may be cited as the Golden
State Financial Marketplace Program or GS $Mart Program.
14932. The department is authorized to structure, administer, and
maintain the GS $Mart Program, the state's centralized financing
program available for state agencies to finance certain goods and
services as set forth in this chapter.
14934. (a) Notwithstanding any other law, state agencies that are
statutorily authorized to acquire assets listed in subdivision (b)
are hereby eligible to apply to the GS $Mart Program to enter into
agreements for financing those assets without further competitive
bidding.
(b) (1) Assets eligible for financing pursuant to the GS $Mart
Program include all of the following:
(A) Energy efficiency measures as described in Section
4217.11 or energy savings contracts as described in Section 388 of
the Public Utilities Code.
(B) Goods as defined in Section 10290 of the Public Contract Code.
(C) Services as described in Section 10335 of the Public Contract
Code.
(D) Technology goods or services as described in Section 11532 or
information technology as defined in paragraph (2) that are capital
assets eligible for tax exempt financing consistent with the Internal
Revenue Code as confirmed by an opinion of bond counsel, as
described in paragraph (3) of subdivision (a) of Section 14936.
(2) Information technology includes, but is not limited to, all
electronic technology systems and services, automated information
handling, system design and analysis, conversion of data, computer
programming, information storage and retrieval, telecommunications,
including voice, video, and data communications, requisite system
controls, simulation, electronic commerce, and all related
interactions between people and machines.
(c) State agencies may refinance any eligible asset through the GS
$Mart Program for the purpose of lowering financing costs or
consolidating payments, or when refinancing will achieve an overall
benefit and cost savings to the state.
(d) The department shall annually provide a report by September 1
of each year to the Joint Legislative Budget Committee, the State
Treasurer's Office, and the Department of Finance that shall include,
but not be limited to, the following information for each loan
entered into during the preceding fiscal year:
(1) Each agency that entered into a GS $Mart loan.
(2) The amount financed by each loan.
(3) The term of each loan.
(4) A description of the item, good, or service financed by each
loan.
(5) The total amount of outstanding GS $Mart loans.
14936. (a) The department shall develop a financing process that
requires, but shall not be limited to, all of the following:
(1) Confirmation that the term of financing shall be limited to
the average expected economic life of the asset or assets.
(2) Certification that the asset or assets to be financed are
eligible under Section 14934.
(3) A submission of an opinion of counsel from an independent law
firm of recognized standing in the field of law relating to the
exemption from federal income taxation on state or local bonds
confirming that the assets subject to the financing qualify for tax
exempt financing consistent with the Internal Revenue Code.
(4) The preparation and submission of payment schedules to the
Controller for use by the Controller in transferring funds
appropriated in the annual Budget Act to the state agency for
payments due under the financing program.
(5) Prior approval by the Department of Finance and prior approval
of the terms and conditions of the financing by the Treasurer for
each financing over $10,000,000.
(b) The Controller may direct the transfer of funds according to
the schedule or schedules submitted by the department pursuant to the
GS $Mart Program.
(c) The department, in consultation with the Department of
Finance, shall be responsible for the continued development and
administration of, at a minimum, financing applications,
instructions, and application approval pursuant to the GS $Mart
Program.
14938. As used in this chapter, "state agency" or "state agencies"
means every state office, officer, department, division, bureau,
board, and commission and the California State University and the
Regents of the University of California.
SEC. 17. Section 15251 of the Government Code is amended to read:
15251. Unless the context requires otherwise, as used in this
part, the following terms shall have the following meanings:
(a) "Division" means the Public Safety Communications Division
established by this part.
(b) "Office" means the Office of Emergency Services.
SEC. 18. Section 15253 of the Government Code is amended to read:
15253. This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall not
be construed as conferring upon the office control of programs or
broadcasts intended for the general public.
SEC. 19. Section 15254 of the Government Code is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the office
shall not be used for political, sectarian, or propaganda purposes.
The facilities shall not be used for the purpose of broadcasts
intended for the general public, except for fire, flood, frost,
storm, catastrophe, and other warnings and information for the
protection of the public safety as the office may prescribe.
SEC. 20. Section 15275 of the Government Code is amended to read:
15275. The office may do all of the following:
(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies regarding public safety communications
issues.
(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications facilities
within this state.
(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.
(e) Carry out the policy of this part.
SEC. 21. Section 15277 of the Government Code is amended to read:
15277. The Public Safety Communications Division is established
within the office. The duties of the division shall include, but not
be limited to, all of the following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that procurements
are compatible throughout state agencies and are consistent with the
state's strategic and tactical plans for public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the National Guard, health and safety agencies, and others
with primary public safety communications programs.
(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the "State of
California."
(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be available to
all public agencies in the state on terms that may be agreed upon by
the public agency and the division.
(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems operated by
the state, except microwave equipment used exclusively for traffic
signal and signing control, traffic metering, and roadway
surveillance systems. To accomplish that purpose, the division is
authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient microwave
communications systems. Any system established shall be available to
all public safety agencies in the state on terms that may be agreed
upon by the public agency and the division.
(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing with
Section 15150) of Part 6.
SEC. 22. Chapter 3 (commencing with Section 15278) is added to
Part 6.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 3. PUBLIC SAFETY COMMUNICATIONS
15278. This chapter shall be known, and may be cited, as the
Public Safety Communications Act of 2013.
15279. For purposes of this chapter, unless the context requires
otherwise, "director" means the Director of the Office of Emergency
Services.
15280. (a) There is in state government, within the Office of
Emergency Services, the Public Safety Communications Division.
(b) The Public Safety Communications Division is under the
supervision of a chief.
(c) The purpose of this chapter is to transfer the services and
responsibilities previously held by the Public Safety Communications
Division within the California Technology Agency to the Office of
Emergency Services.
(d) Unless the context clearly requires otherwise, the Office of
Emergency Services and the Director of the Office of Emergency
Services succeed to and are vested with all the duties, powers,
purposes, responsibilities, and jurisdiction vested in the former
Public Safety Communications Division within the California
Technology Agency.
(e) Unless the context clearly requires otherwise, whenever the
"Public Safety Communications Division within the California
Technology Agency" or the "Public Safety Communications Division of
the California Technology Agency" is referenced in any statute,
regulation, or contract, it shall be construed to refer to the Public
Safety Communications Division within the Office of Emergency
Services.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office of Emergency Services, are transferred to
the Office of Emergency Services. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Emergency Services.
(g) The property of any office, agency, or department related to
functions transferred to the Office of Emergency Services is
transferred to the Office of Emergency Services. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
15281. The Chief of the Public Safety Communications Division
shall be responsible for managing the affairs of the Public Safety
Communications Division and shall perform all duties, exercise all
powers and jurisdiction, and assume and discharge all
responsibilities necessary to carry out the responsibilities of the
Public Safety Communications Division. The Office of Emergency
Services shall employ professional, clerical, technical, and
administrative personnel as necessary to carry out this chapter.
15282. The Director of the Office of Emergency Services shall
establish rates for the Office of Emergency Services' Public Safety
Communications Division's services based on a formal rate
methodology.
SEC. 23. Section 18662 of the Government Code is repealed.
SEC. 24. Section 18662 is added to the Government Code, to read:
18662. (a) The board shall determine the total annual cost
associated with the board's audit authority. The board shall recover
costs by billing appointing authorities in accordance with
subdivision (b).
(b) (1) Except as specified in paragraph (2), an appointing
authority shall be charged annually a proportional share of audit
costs, based on criteria determined by the board.
(2) An appointing authority may elect to be charged for costs in
arrears incurred by the board for auditing the appointing authority's
personnel practices. Charges in arrears shall be on a basis as
determined by the board. An election pursuant to this paragraph shall
be made only within a period determined by the board.
(c) The board shall also determine the costs associated with any
special investigations conducted by the board. The board shall
recover those costs by charging an appointing authority in arrears,
on a basis as determined by the board, for any special investigation
conducted by the board.
(d) Pursuant to Section 11255, the Controller shall transfer to
the board any moneys owed to the board by any appointing authority
for charges due under this section.
(e) On or before October 1, 2014, and every October 1 thereafter,
the board shall report to the Chairperson of the Joint Legislative
Budget Committee the audit and special investigation activities of
the board pursuant to this article from the preceding fiscal year.
The board shall include in the report the following information:
(1) A summary of each audit and special investigation, including
findings.
(2) The number and total cost of audits and special
investigations, by department.
SEC. 25. Section 18671.2 of the Government Code is amended to
read:
18671.2. (a) The board shall determine the total cost to the
state of maintaining and operating the hearing office of the board,
in advance or upon any other basis as it may determine, utilizing
information from the state agencies for which services are provided
by the hearing office.
(b) The board shall be reimbursed for the entire cost of hearings
conducted by the hearing office pursuant to statutes administered by
the board, or by interagency agreement. The board may bill the
appropriate state agencies for the costs incurred in conducting
hearings involving employees of those state agencies, and employees
of the California State University pursuant to Sections 89535 to
89542, inclusive, of the Education Code, and may bill the state
departments having responsibility for the overall administration of
grant-in-aid programs for the costs incurred in conducting hearings
involving employees not administering their own merit systems
pursuant to Chapter 1 (commencing with Section 19800) of Part 2.5.
All costs collected by the board pursuant to this section shall be
used only for purposes of maintaining and operating the hearing
office of the board.
(c) Pursuant to Section 11255, the Controller shall transfer to
the board, pursuant to Section 18675, any moneys owed to the board by
any state agency or department for charges determined by the board
as specified in subdivisions (a) and (b).
SEC. 26. Article 8 (commencing with Section 19210) is added to
Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code,
to read:
Article 8. Additional Appointments
19210. (a) The department shall submit two reports to the Joint
Legislative Budget Committee and the fiscal committees of the
Legislature that review the use of additional appointments by state
agencies, excluding state universities, for managers and supervisors
by November 30, 2013, and for rank and file employees by November 30,
2014. At a minimum, the reports shall specify all of the following:
(1) The number of additional appointments held by state employees
at any time during 2013 who were exempt under the federal Fair Labor
Standards Act.
(2) The actions the department took to verify whether these
additionally appointed employees' duties were consistent with their
exempt status, if applicable.
(3) The total number of additional appointments that the
department found as a result of its 2013 review, and, of this total,
the number of additional appointments that were terminated or are
otherwise no longer in use and the reasons for these decisions.
(4) The number of additional appointments held by state employees
whose primary appointment is or was in the same agency as the
additional appointment and in the same division of the same agency as
the additional appointment.
(5) For each agency, the number of additional appointments held by
its employees, the highest number of hours worked by an employee
holding an additional appointment, and the average number of hours
worked per month per additional appointee.
(b) As part of the 2015-16 budget proposal submitted to the
Legislature in January 2015, the department shall propose legislation
to establish the state's policy regarding the use of additional
appointments.
(c) The report required under this section shall be submitted
pursuant to Section 9795.
19212. By November 30, 2013, the State Personnel Board shall
submit a report to the Joint Legislative Budget Committee and the
fiscal committees of the Legislature that review the policies and
practices included in the Personnel Management Policy and Procedures
Manual (PMPPM). At a minimum, the report shall include a summary of
existing policies included in the PMPPM, the date of each policy's
adoption, the agency responsible for enforcement of the policy, and,
if a policy is no longer in use, the date of and reasons for
discontinuing that policy. The report required under this section
shall be submitted pursuant to Section 9795.
19214. This article shall remain in effect only until November
30, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before November 30, 2017, deletes or extends
that date.
SEC. 27. Section 23025 of the Government Code is amended to read:
23025. In order to comply with the Americans with Disabilities
Act (42 U.S.C. Sec. 12101 et seq.) and other applicable federal
provisions, a county, whether general law or chartered, which
provides any emergency services, is encouraged to provide deaf
teletype equipment at a central location within the county to relay
requests for such emergency services.
SEC. 28. Section 53108.5 of the Government Code is amended to
read:
53108.5. "Division," as used in this article, means the Office of
Emergency Services.
SEC. 29. Section 53114.1 of the Government Code is amended to
read:
53114.1. To accomplish the responsibilities specified in this
article, the division is directed to consult at regular intervals
with the State Fire Marshal, the State Department of Public Health,
the Office of Traffic Safety, a local representative from a city, a
local representative from a county, the public utilities in this
state providing telephone service, the Association of Public-Safety
Communications Officials, the Emergency Medical Services Authority,
the Department of the California Highway Patrol, and the Department
of Forestry and Fire Protection. These agencies shall provide all
necessary assistance and consultation to the division to enable it to
perform its duties specified in this article.
SEC. 30. Section 53115.1 of the Government Code is amended to
read:
53115.1. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the Public Safety Communications Division shall
serve as the nonvoting chair of the board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs' Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
(c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the Public Safety Communications
Division shall serve for the duration of his or her tenure.
(2) Four of the members shall serve an initial term of three
years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The division shall provide administrative support to the
State 911 Advisory Board. The State 911 Advisory Board, at its first
meeting, shall adopt bylaws and operating procedures consistent with
this article and establish committees as necessary.
(g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.
SEC. 31. Section 53126.5 of the Government Code is amended to
read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(b) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a local public agency
such as street maintenance and animal control.
(c) "Public Safety Communications Division" means the Public
Safety Communications Division within the Office of Emergency
Services.
SEC. 32. Section 10089.7 of the Insurance Code is amended to read:
10089.7. (a) The authority shall be governed by a three-member
governing board consisting of the Governor, the Treasurer, and the
Insurance Commissioner, each of whom may name designees to serve as
board members in their place. The Speaker of the Assembly and the
Chairperson of the Senate Committee on Rules shall serve as
nonvoting, ex officio members of the board, and may name designees to
serve in their place.
(b) The board shall be advised by an advisory panel whose members
shall be appointed by the Governor, except as provided in this
subdivision. The advisory panel shall consist of four members who
represent insurance companies that are licensed to transact fire
insurance in the state, two of whom shall be appointed by the
commissioner, two licensed insurance agents, one of whom shall be
appointed by the commissioner, and three members of the public not
connected with the insurance industry, at least one of whom shall be
a consumer representative. In addition, the Speaker of the Assembly,
and the Chairperson of the Senate Committee on Rules may each appoint
one member of the public not connected with the insurance industry.
Panel members shall serve for four-year terms, which may be staggered
for administrative convenience, and panel members may be
reappointed. The commissioner shall be a nonvoting, ex officio member
of the panel and shall be entitled to attend all panel meetings,
either in person or by representative.
(c) The board shall have the power to conduct the affairs of the
authority and may perform all acts necessary or convenient in the
exercise of that power. Without limitation, the board may: (1) employ
or contract with officers and employees to administer the authority;
(2) retain outside actuarial, geological, and other professionals;
(3) enter into other obligations relating to the operation of the
authority; (4) invest the moneys in the California Earthquake
Authority Fund; (5) obtain reinsurance and financing for the
authority as authorized by this chapter; (6) contract with
participating insurers to service the policies of basic residential
earthquake insurance issued by the authority; (7) issue bonds payable
from and secured by a pledge of the authority of all or any part of
the revenues of the authority to finance the activities authorized by
this chapter and sell
those bonds at public or private sale in the form and on those terms
and conditions as the Treasurer shall approve; (8) pledge all or any
part of the revenues of the authority to secure bonds and any
repayment or reimbursement obligations of the authority to any
provider of insurance or a guarantee of liquidity or credit facility
entered into to provide for the payment of debt service on any bond
of the authority; (9) employ and compensate bond counsel, financial
consultants, and other advisers determined necessary by the Treasurer
in connection with the issuance and sale of any bonds; (10) issue or
obtain from any department or agency of the United States or of this
state, or any private company, any insurance or guarantee of
liquidity or credit facility determined to be appropriate by the
Treasurer to provide for the payment of debt service on any bond of
the authority; (11) engage the commissioner to collect revenues of
the authority; (12) issue bonds to refund or purchase or otherwise
acquire bonds on terms and conditions as the Treasurer shall approve;
and (13) perform all acts that relate to the function and purpose of
the authority, whether or not specifically designated in this
chapter.
(d) The authority shall reimburse board and panel members for
their reasonable expenses incurred in attending meetings and
conducting the business of the authority.
(e) (1) There shall be a limited civil immunity and no criminal
liability in a private capacity, on account of any act performed or
omitted or obligation entered into an official capacity, when done or
omitted in good faith and without intent to defraud, on the part of
the board, the panel, or any member of either, or on the part of any
officer, employee, or agent of the authority. This provision shall
not eliminate or reduce the responsibility of the authority under the
covenant of good faith and fair dealing.
(2) In any claim against the authority based upon an earthquake
policy issued by the authority, the authority shall be liable for any
damages, including damages under Section 3294 of the Civil Code, for
a breach of the covenant of good faith and fair dealing by the
authority or its agents.
(3) In any claim based upon an earthquake policy issued by the
authority, the participating carrier shall be liable for any damages
for a breach of a common law, regulatory, or statutory duty as if it
were a contracting insurer. The authority shall indemnify the
participating carrier from any liability resulting from the authority'
s actions or directives. The board shall not indemnify a
participating carrier for any loss resulting from failure to comply
with directives of the authority or from violating statutory,
regulatory, or common law governing claims handling practices.
(4) A licensed insurer, its officers, directors, employees, or
agents, shall not have any antitrust civil or criminal liability
under the Cartwright Act (Part 2 (commencing with Section 16600) of
Division 7 of the Business and Professions Code) by reason of its
activities conducted in compliance with this chapter. Further, the
California Earthquake Authority shall be deemed a joint arrangement
established by statute to ensure the availability of insurance
pursuant to subdivision (b) of Section 1861.03.
(5) Subject to Section 10089.21, this chapter shall not be
construed to limit any exercise of the commissioner's power,
including enforcement and disciplinary actions, or the imposition of
fines and orders to ensure compliance with this chapter, the rules
and guidelines of the authority, or any other law or rule applicable
to the business of insurance.
(6) Except as provided in paragraph (3) and by any other provision
of this chapter, liability on the part of, and a cause of action,
shall not be permitted in law or equity against, any participating
insurer for any earthquake loss to property for which the authority
has issued a policy unless the loss is covered by an insurance policy
issued by the participating insurer. A policy issued by the
authority shall not be deemed to be a policy issued by a
participating insurer.
(f) The Attorney General, in his or her discretion, shall provide
a representative of his or her office to attend and act as antitrust
counsel at all meetings of the panel. The Attorney General shall be
compensated for legal service rendered in the manner specified in
Section 11044 of the Government Code.
(g) The authority may sue or be sued and may employ or contract
with that staff and those professionals the board deems necessary for
its efficient administration.
(h) (1) The authority may contract for the services of a chief
executive officer, a chief financial officer, a chief mitigation
officer, and an operations manager, and may contract for the services
of reinsurance intermediaries, financial market underwriters,
modeling firms, a computer firm, an actuary, an insurance claims
consultant, counsel, and private money managers. These contracts
shall not be subject to otherwise applicable provisions of the
Government Code and the Public Contract Code, and for those purposes,
the authority shall not be considered a state agency or other public
entity. Other employees of the authority shall be subject to civil
service provisions.
(2) When the authority hires multiple private money managers to
manage the assets of the California Earthquake Authority Fund, other
than the primary custodian of the securities, the authority shall
consider small California-based firms who are qualified to manage the
money in the fund. The purpose of this provision is to prevent the
exclusion of small qualified investment firms solely because of their
size.
(i) Members of the board and panel, and their designees, and the
chief executive officer, the chief financial officer, the chief
mitigation officer, and the operations manager of the authority shall
be required to file financial disclosure statements with the Fair
Political Practices Commission. The appointing authorities for
members and designees of the board and panel shall, when making
appointments, avoid appointing persons with conflicts of interest.
Section 87406 of the Government Code, the Milton Marks Postgovernment
Employment Restrictions Act of 1990, shall apply to the authority.
Members of the board, the chief financial officer, the chief
executive officer, the chief operations manager, the chief counsel,
and any other person designated by the authority shall be deemed to
be designated employees for the purpose of that act. In addition, no
member of the board, nor the chief financial officer, the chief
executive officer, the chief operations manager, and the chief
counsel, shall, upon leaving the employment of the authority, seek,
accept, or enter into employment or a consulting or other contractual
arrangement for the period of one year with any employer or entity
that entered into a participating agreement, or a reinsurance,
bonding, letter of credit, or private capital markets contract with
the authority during the time the employee was employed by the
authority, which that member or employee had negotiated or approved,
or participated in negotiating. A violation of these provisions shall
be subject to enforcement pursuant to Chapter 11 (commencing with
Section 91000) of Title 9 of the Government Code.
(j) The board shall establish the duties of, and give direction
to, the chief mitigation officer, to support and enhance the
authority's appropriate efforts to create and maintain all of the
following:
(1) Program activities that mitigate against seismic risks, for
the benefit of homeowners, other property owners, including landlords
with smaller holdings, and the general public of the state.
(2) Collaboration with academic institutions, nonprofit entities,
and commercial business entities in joint efforts to conduct
mitigation-related research and educational activities, and conduct
program activities to mitigate against seismic risk.
(3) Programs to provide financial assistance in the form of loans,
grants, credits, rebates, or other financial incentives to further
efforts to mitigate against seismic risk, including, but not limited
to, structural and contents retrofitting of residential structures.
(4) Collaborations and joint programs with subdivisions and
programs of local, state, and federal governments and with other
national programs that may further California's disaster
preparedness, protection, and mitigation goals.
(5) Other programs, support efforts, and activities deemed
appropriate by the board to further the authority's appropriate
mitigation and mitigation-related goals.
(k) The authority may accept grants and gifts of property, real or
personal, tangible and intangible, and services for the Earthquake
Loss Mitigation Fund, created pursuant to Section 10089.37, or the
related residential retrofit program from federal, state, and local
government sources and private sources.
(l) The Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) applies to meetings of the board and the panel.
SEC. 33. Section 62.5 of the Labor Code is amended to read:
62.5. (a) (1) The Workers' Compensation Administration Revolving
Fund is hereby created as a special account in the State Treasury.
Money in the fund may be expended by the department, upon
appropriation by the Legislature, for all of the following purposes,
and may not be used or borrowed for any other purpose:
(A) For the administration of the workers' compensation program
set forth in this division and Division 4 (commencing with Section
3200), other than the activities financed pursuant to paragraph (2)
of subdivision (a) of Section 3702.5.
(B) For the Return-to-Work Program set forth in Section 139.48.
(C) For the enforcement of the insurance coverage program
established and maintained by the Labor Commissioner pursuant to
Section 90.3.
(2) The fund shall consist of surcharges made pursuant to
paragraph (1) of subdivision (f).
(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the payment of nonadministrative expenses of the workers'
compensation program for workers injured while employed by uninsured
employers in accordance with Article 2 (commencing with Section 3710)
of Chapter 4 of Part 1 of Division 4, and shall not be used for any
other purpose. All moneys collected shall be retained in the trust
fund until paid as benefits to workers injured while employed by
uninsured employers. Nonadministrative expenses include audits and
reports of services prepared pursuant to subdivision (b) of Section
3716.1. The surcharge amount for this fund shall be stated
separately.
(2) Notwithstanding any other provision of law, all references to
the Uninsured Employers Fund shall mean the Uninsured Employers
Benefits Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Uninsured Employers
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Uninsured Employers Benefits
Trust Fund upon enactment of the annual Budget Act.
(4) Any moneys from penalties collected pursuant to Section 3722
as a result of the insurance coverage program established under
Section 90.3 shall be deposited in the State Treasury to the credit
of the Workers' Compensation Administration Revolving Fund created
under this section, to cover expenses incurred by the director under
the insurance coverage program. The amount of any penalties in excess
of payment of administrative expenses incurred by the director for
the insurance coverage program established under Section 90.3 shall
be deposited in the State Treasury to the credit of the Uninsured
Employers Benefits Trust Fund for nonadministrative expenses, as
prescribed in paragraph (1), and notwithstanding paragraph (1), shall
only be available upon appropriation by the Legislature.
(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the nonadministrative expenses of the workers' compensation
program for workers who have suffered serious injury and who are
suffering from previous and serious permanent disabilities or
physical impairments, in accordance with Article 5 (commencing with
Section 4751) of Chapter 2 of Part 2 of Division 4, and Section 4 of
Article XIV of the California Constitution, and shall not be used for
any other purpose. All moneys collected shall be retained in the
trust fund until paid as benefits to workers who have suffered
serious injury and who are suffering from previous and serious
permanent disabilities or physical impairments. Nonadministrative
expenses include audits and reports of services pursuant to
subdivision (c) of Section 4755. The surcharge amount for this fund
shall be stated separately.
(2) Notwithstanding any other law, all references to the
Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits
Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Subsequent Injuries
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Subsequent Injuries Benefits
Trust Fund upon enactment of the annual Budget Act.
(d) (1) The Occupational Safety and Health Fund is hereby created
as a special account in the State Treasury. Moneys in the account may
be expended by the department, upon appropriation by the
Legislature, for support of the Division of Occupational Safety and
Health, the Occupational Safety and Health Standards Board, and the
Occupational Safety and Health Appeals Board, and the activities
these entities perform as set forth in this division, and Division 5
(commencing with Section 6300).
(2) On and after the effective date of the act amending this
section to add this paragraph in the 2013-14 Regular Session of the
Legislature, any moneys in the Cal-OSHA Targeted Inspection and
Consultation Fund and any assets, liabilities, revenues,
expenditures, and encumbrances of that fund, less five million
dollars ($5,000,000), shall be transferred to the Occupational Safety
and Health Fund. On June 30, 2014, the remaining five million
dollars ($5,000,000) in the Cal-OSHA Targeted Inspection and
Consultation Fund, or any remaining balance in that fund, shall be
transferred to, and become part of, the Occupational Safety and
Health Fund.
(e) The Labor Enforcement and Compliance Fund is hereby created as
a special account in the State Treasury. Moneys in the fund may be
expended by the department, upon appropriation by the Legislature,
for the support of the activities that the Division of Labor
Standards Enforcement performs pursuant to this division and Division
2 (commencing with Section 200), Division 3 (commencing with Section
2700), and Division 4 (commencing with Section 3200). The fund shall
consist of surcharges imposed pursuant to paragraph (3) of
subdivision (f).
(f) (1) Separate surcharges shall be levied by the director upon
all employers, as defined in Section 3300, for purposes of deposit in
the Workers' Compensation Administration Revolving Fund, the
Uninsured Employers Benefits Trust Fund, the Subsequent Injuries
Benefits Trust Fund, and the Occupational Safety and Health Fund. The
total amount of the surcharges shall be allocated between
self-insured employers and insured employers in proportion to payroll
respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. The
regulations shall require the surcharges to be paid by self-insurers
to be expressed as a percentage of indemnity paid during the most
recent year for which information is available, and the surcharges to
be paid by insured employers to be expressed as a percentage of
premium. In no event shall the surcharges paid by insured employers
be considered a premium for computation of a gross premium tax or
agents' commission. In no event shall the total amount of the
surcharges paid by insured and self-insured employers exceed the
amounts reasonably necessary to carry out the purposes of this
section.
(2) The surcharge levied by the director for the Occupational
Safety and Health Fund, pursuant to paragraph (1), shall not generate
revenues in excess of fifty-seven million dollars ($57,000,000) on
and after the 2013-14 fiscal year, adjusted for each fiscal year as
appropriate to fund any increases in the appropriation as approved by
the Legislature, and to reconcile any over/under assessments from
previous fiscal years pursuant to Sections 15606 and 15609 of Title 8
of the California Code of Regulations. For the 2013-14 fiscal year
only, the revenue cap established in this paragraph shall be reduced
by an amount equivalent to the balance transferred from the Cal-OSHA
Targeted Inspection and Consultation Fund established in Section
62.7, less any amount of that balance loaned to the State Public
Works Enforcement Fund, to the Occupational Safety and Health Fund
pursuant to subdivision (d).
(3) A separate surcharge shall be levied by the director upon all
employers, as defined in Section 3300, for purposes of deposit in the
Labor Enforcement and Compliance Fund. The total amount of the
surcharges shall be allocated between employers in proportion to
payroll respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. In
no event shall the total amount of the surcharges paid by employers
exceed the amounts reasonably necessary to carry out the purposes of
this section.
(4) The surcharge levied by the director for the Labor Enforcement
and Compliance Fund shall not exceed forty-six million dollars
($46,000,000) in the 2013-14 fiscal year, adjusted as appropriate to
fund any increases in the appropriation as approved by the
Legislature, and to reconcile any over/under assessments from
previous fiscal years pursuant to Sections 15606 and 15609 of Title 8
of the California Code of Regulations.
(5) The regulations adopted pursuant to paragraph (1) to (4),
inclusive, shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 34. Section 62.7 of the Labor Code is amended to read:
62.7. (a) The Cal-OSHA Targeted Inspection and Consultation Fund
is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended by the department, upon
appropriation by the Legislature, for the costs of the Cal-OSHA
targeted inspection program provided by Section 6314.1 and the costs
of the Cal-OSHA targeted consultation program provided by subdivision
(a) of Section 6354, and for costs related to assessments levied and
collected pursuant to Section 62.9.
(b) The fund shall consist of the assessments made pursuant to
Section 62.9 and other moneys transferred to the fund.
(c) This section shall become inoperative on June 30, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 35. Section 62.8 is added to the Labor Code, to read:
62.8. Five million dollars ($5,000,000) is hereby appropriated
for transfer by the State Controller upon order of the Director of
Finance from the Cal-OSHA Targeted Inspection and Consultation Fund
as a loan to the State Public Works Enforcement Fund. This loan shall
be repaid to the Occupational Safety and Health Fund by June 30,
2015. This loan shall be repaid with interest calculated at the rate
earned by the Pooled Money Investment Account at the time of the
transfer.
SEC. 36. Section 62.9 of the Labor Code is repealed.
SEC. 37. Section 139.48 of the Labor Code is amended to read:
139.48. (a) There is in the department a return-to-work program
administered by the director, funded by one hundred twenty million
dollars ($120,000,000) annually derived from non-General Funds of the
Workers' Compensation Administration Revolving Fund, for the purpose
of making supplemental payments to workers whose permanent
disability benefits are disproportionately low in comparison to their
earnings loss. Moneys shall remain available for use by the
return-to-work program without respect to the fiscal year.
(b) Eligibility for payments and the amount of payments shall be
determined by regulations adopted by the director, based on findings
from studies conducted by the director in consultation with the
Commission on Health and Safety and Workers' Compensation.
Determinations of the director shall be subject to review at the
trial level of the appeals board upon the same grounds as prescribed
for petitions for reconsideration.
(c) This section shall apply only to injuries sustained on or
after January 1, 2013.
SEC. 38. Section 1024 of the Labor Code is amended to read:
1024. (a) It is the intent of the Legislature in enacting this
section to provide for the prompt and effective enforcement of labor
laws relating to the construction industry.
(b) Before July 1, 2013, all civil penalties collected pursuant to
this chapter shall be deposited in the Industrial Relations
Construction Industry Enforcement Fund. All moneys in the fund shall
be used for the purpose of enforcing this chapter, as appropriated by
the Legislature.
(c) On or after July 1, 2013, all civil penalties collected
pursuant to this chapter shall be deposited in the Labor Enforcement
and Compliance Fund.
SEC. 39. Section 1063.5 is added to the Labor Code, to read:
1063.5. (a) This chapter shall apply to every contractor that
provides food and beverage services at a publicly owned entertainment
venue.
(b) For purposes of this chapter, and in addition to the
definitions specified in Section 1060, the following terms shall also
have the following meanings:
(1) "Awarding authority" means any person that awards or otherwise
enters into contracts for food and beverage services at a publicly
owned entertainment venue.
(2) "Contractor" means any person that employs an individual to
provide food and beverage services at a publicly owned entertainment
venue.
(3) "Employee" means any person employed to provide food and
beverage services at a publicly owned entertainment venue.
(4) "Publicly owned entertainment venue" means a venue that meets
all of the following:
(A) Has been in operation for 15 years or more.
(B) Is located in a zone designated under Chapter 12.8 (commencing
with Section 7070) of Division 7 of Title 1 of the Government Code.
(C) Hosts concerts, shows, or sporting events on a noncontinuous
basis.
(c) This section shall remain in effect only until December 31,
2014, and as of that date is repealed.
SEC. 40. Section 1771.3 of the Labor Code is amended to read:
1771.3. (a) (1) The Department of Industrial Relations shall
monitor and enforce compliance with applicable prevailing wage
requirements for any public works project paid for in whole or part
out of public funds, within the meaning of subdivision (b) of Section
1720, that are derived from bonds issued by the state, and shall
charge each awarding body for the reasonable and directly related
costs of monitoring and enforcing compliance with the prevailing wage
requirements on each project.
(2) (A) The State Public Works Enforcement Fund is hereby created
as a special fund in the State Treasury. All moneys received by the
department pursuant to this section shall be deposited in the fund.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated to the Department of
Industrial Relations, to monitor and enforce compliance with the
applicable prevailing wage requirements on public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state and other projects for which the department provides
prevailing wage monitoring and enforcement activities and for which
it is to be reimbursed by the awarding body, and shall not be used or
borrowed for any other purpose.
(B) Notwithstanding any other law, upon order of the Director of
Finance, a loan in the amount of four million three hundred thousand
dollars ($4,300,000) shall be provided from the Uninsured Employers
Benefit Trust Fund to the State Public Works Enforcement Fund to meet
the startup needs of the Labor Compliance Monitoring Unit.
(3) The Director of Industrial Relations shall adopt regulations
implementing this section, specifying the activities, including, but
not limited to, monthly review, and audit if appropriate, of payroll
records, which the department will undertake to monitor and enforce
compliance with applicable prevailing wage requirements on public
works projects paid for in whole or part out of public funds, within
the meaning of subdivision (b) of Section 1720, that are derived from
bonds issued by the state. The department, with the approval of the
Director of Finance, shall determine the rate, which the department
may from time to time amend, that the department will charge to
recover the reasonable and directly related costs of performing the
monitoring and enforcement services for public works projects. The
amount of bond funds utilized by an awarding body to pay the
department's fee shall not exceed one-fourth of 1 percent of the
state bond proceeds used for the public works projects, with any
other remaining costs of monitoring and enforcing compliance to be
paid by the awarding body from other funds authorized to be used to
finance the project.
(4) The reasonable and directly related costs of monitoring and
enforcing compliance with the prevailing wage requirements on a
public works project incurred by the department in accordance with
this section are payable by the awarding body of the public works
project as a cost of construction. Notwithstanding any other
provision of law, but subject to any limitations or restrictions of
the bond act, the board, commission, department, agency, or official
responsible for the allocation of bond proceeds from the bond funds
shall consider and provide for amounts in support of the costs when
allocating or approving expenditures of bond proceeds for the
construction of the authorized project. The awarding body may elect
not to receive or expend amounts from bond proceeds to pay the costs
of the project; however, that election does not relieve the awarding
body from reimbursing the Department of Industrial Relations from
other funding sources for monitoring and enforcing prevailing wage
requirements on the project pursuant to this section or any other
applicable provision of law. The department shall annually provide
information, as specified in regulations, to assist an awarding body
to reasonably estimate the annual cost of monitoring and enforcing
compliance.
(b) Paragraph (1) of subdivision (a) shall not apply to any
contract for a public works project paid for in whole or part out of
public funds, within the meaning of subdivision (b) of Section 1720,
that are derived from bonds issued by the state if the contract was
awarded under any of the following conditions:
(1) The contract was awarded prior to the effective date of
implementing regulations adopted by the department pursuant to
paragraph (3) of subdivision (a).
(2) The contract was awarded on or after the effective date of the
regulations described in paragraph (1), if the awarding body had
previously initiated a labor compliance program approved by the
department for some or all of its public works projects and had not
contracted with a third party to conduct such program, and requests
and receives approval from the department to continue to operate its
existing labor compliance program for its public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state, in place of the department monitoring and enforcing
compliance on projects pursuant to subdivision (a).
(3) The contract is awarded on or after the effective date of the
regulations described in paragraph (1), if the awarding body has
entered into a collective bargaining agreement that binds all of the
contractors performing work on the project and that includes a
mechanism for resolving disputes about the payment of wages.
(c) This section shall not apply to public works projects subject
to Section 75075 of the Public Resources Code.
SEC. 41. Section 1771.5 of the Labor Code is amended to read:
1771.5. (a) Notwithstanding Section 1771, an awarding body may
choose not to require the payment of the general prevailing rate of
per diem wages or the general prevailing rate of per diem wages for
holiday and overtime work for any public works project of twenty-five
thousand dollars ($25,000) or less when the project is for
construction work, or for any public works project of fifteen
thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding
body elects to either:
(1) Initiate and enforce a labor compliance program pursuant to
subdivision (b) for every public works project under the authority of
the awarding body as described in subdivision (e).
(2) Reimburse the Department of Industrial Relations for the cost
of monitoring and enforcing compliance with prevailing wage
requirements for every public works project of the awarding body as
described in subdivision (f).
(b) For purposes of this section, a labor compliance program shall
include, but not be limited to, the following requirements:
(1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
(2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
(3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
(4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
(5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
(6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.
(7) The awarding body shall comply with any other prevailing wage
monitoring and enforcement activities that are required to be
conducted by labor compliance programs by the Department of
Industrial Relations.
(c) For purposes of this chapter, "labor compliance program" means
a labor compliance program that is approved, as specified in state
regulations, by the Director of Industrial Relations.
(d) For purposes of this chapter, the Director of Industrial
Relations may revoke the approval of a labor compliance program in
the manner specified in state regulations.
(e) An awarding body that elects to use a labor compliance program
pursuant to subdivision (a) shall use the labor compliance program
for all contracts for public works projects awarded prior to the
effective date of the regulations adopted by the department as
specified in subdivision (g). For contracts for public works projects
awarded on or after the effective date of regulations adopted by the
department as specified in subdivision (g), the awarding body may
also elect to continue operating an existing previously approved
labor compliance program in lieu of reimbursing the Department of
Industrial Relations for the cost of monitoring and enforcing
compliance with prevailing wage requirements on the awarding body's
public works projects if it has not contracted with a third party to
conduct its labor compliance program and if it requests and receives
approval from the department to continue its existing program.
(f) An awarding body that elects to reimburse the department for
the cost of monitoring and enforcing compliance with prevailing wage
requirements for public works projects of the awarding body, pursuant
to subdivision (a), shall, for all of its contracts for public works
projects awarded on or after the effective date of the regulations
adopted by the department as specified in subdivision (g) do all of
the following:
(1) Ensure that all bid invitations and public works contracts
contain appropriate language concerning the requirements of this
chapter.
(2) Conduct a prejob conference with the contractor and
subcontractor to discuss federal and state labor law requirements
applicable to the contract.
(3) Enter into an agreement with the department to reimburse the
department for its costs of performing the service of monitoring and
enforcing compliance with applicable prevailing wage requirements on
the awarding body's projects.
(g) The Department of Industrial Relations shall adopt regulations
implementing this section specifying the activities that the
department shall undertake to monitor and enforce compliance with the
prevailing wage requirements on the public works projects,
including, but not limited to, monthly review, and audit if
appropriate, of payroll records.
(h) (1) The Department of Industrial Relations shall, in
accordance with paragraphs (3) and (4) of subdivision (a) of Section
1771.3, determine the rate, which the department may from time to
time amend, that the department will charge for reimbursement from an
awarding body for the reasonable and directly related costs of
performing the specified monitoring and enforcement services for
public works projects.
(2) Notwithstanding paragraph (1), for public works projects paid
for in whole or part out of public funds, within the meaning of
subdivision (b) of Section 1720, that are derived from bonds issued
by the state, the amount charged by the department shall not exceed
one-fourth of 1 percent of the state bond proceeds used for the
public works project, with any other remaining costs of monitoring
and enforcing compliance to be paid by the awarding body from other
funds authorized to be used to finance the project.
(i) All amounts collected by the Department of Industrial
Relations for its services pursuant to this section shall be
deposited in the State Public Works Enforcement Fund.
SEC. 42. Section 7852 of the Labor Code is amended to read:
7852. (a) It is the intent of the Legislature, in enacting this
part, that the Occupational Safety and Health Standards Board and the
Division of Occupational Health and Safety (OSHA) promote worker
safety through implementation of training and process safety
management practices in petroleum refineries and chemical plants and
other facilities deemed appropriate.
(b) To the maximum extent practicable, the board and the division
shall minimize duplications with other state statutory programs and
business reporting requirements when developing standards pursuant to
Chapter 2 (commencing with Section 7855).
(c) It is further the intent of the Legislature, in enacting this
part, that in the interest of promoting worker safety, standards be
adopted by March 31, 2014.
SEC. 43. Section 7856 of the Labor Code is amended to read:
7856. By March 31, 2014, the board shall adopt process safety
management standards for refineries, chemical plants, and other
manufacturing facilities, as specified in Codes 28 (Chemical and
Allied Products) and 29 (Petroleum Refining and Related Industries)
of the Manual of Standard Industrial Classification Codes, published
by the United States Office of Management and Budget, 1987 Edition,
that handle acutely hazardous material as defined in subdivision (a)
of Section 25532 and subdivision (a) of Section 25536 of the Health
and Safety Code and pose a significant likelihood of accident risk,
as determined by the board. Alternately, upon making a finding that
there is a significant likelihood of risk to employees at a facility
not included in Codes 28 and 29 resulting from the presence of
acutely hazardous materials or explosives as identified in Part 172
(commencing with Section 172.1) of Title 49 of the Code of Federal
Regulations, the board may require that these facilities be subject
to the jurisdiction of the standards provided for in this section.
When adopting these standards, the board shall give priority to
facilities and areas of facilities where the potential is greatest
for preventing severe or catastrophic accidents because of the size
or nature of the process or business. The standards adopted pursuant
to this section shall require that injury prevention programs of
employers subject to this part and implemented pursuant to Section
6401.7 include the requirements of this part.
SEC. 44. Section 7870 of the Labor Code is amended to read:
7870. Notwithstanding the availability of federal funds to carry
out the purposes of this part, the division shall annually fix and
collect reasonable fees for consultation, inspection, adoption of
standards, and other duties conducted pursuant to this part. The fees
shall be adopted by March 31, 2014. All revenue collected from these
fees shall be deposited into the Occupational Safety and Health
Fund. The fees shall be sufficient to support, at a minimum, the
annual cost of 15 positions. The expenditure of these funds shall be
subject to appropriation by the Legislature in the annual Budget Act
or other measure.
SEC. 45. Section 1203 of the Penal Code is amended to read:
1203. (a) As used in this code, "probation" means the suspension
of the imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer. As used in this code,
"conditional sentence" means the suspension of the imposition or
execution of a sentence and the order of revocable release in the
community subject to conditions established by the court without the
supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is
convicted of a felony and is eligible for probation, before judgment
is pronounced, the court shall immediately refer the matter to a
probation officer to investigate and report to the court, at a
specified time, upon the circumstances surrounding the crime and the
prior history and record of the person, which may be considered
either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and
make a written report to the court of his or her findings and
recommendations, including his or her recommendations as to the
granting or denying of probation and the conditions of probation, if
granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code,
the probation officer shall include in his or her report any
information gathered by a law enforcement agency relating to the
taking of the defendant into custody as a minor, which shall be
considered for purposes of determining whether adjudications of
commissions of crimes as a juvenile warrant a finding that there are
circumstances in aggravation pursuant to Section 1170 or to deny
probation.
(C) If the person was convicted of an offense that requires him or
her to register as a sex offender pursuant to Sections 290 to
290.023, inclusive, or if the probation report recommends that
registration be ordered at sentencing pursuant to Section 290.006,
the probation officer's report shall include the results of the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(D) The probation officer may also include in the report his or
her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a
restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation,
restitution to the victim or to the Restitution Fund and the amount
thereof.
(E) The report shall be made available to the court and the
prosecuting and defense attorneys at least five days, or upon request
of the defendant or prosecuting attorney nine days, prior to the
time fixed by the court for the hearing and determination of the
report, and shall be filed with the clerk of the court as a record in
the case at the time of the hearing. The time within which the
report shall be made available and filed may be waived by written
stipulation of the prosecuting and defense attorneys that is filed
with the court or an oral stipulation in open court that is made and
entered upon the minutes of the court.
(3) At a time fixed by the court, the court shall hear and
determine the application, if one has been made, or, in any case, the
suitability of probation in the particular case. At the hearing, the
court shall consider any report of the probation officer, including
the results of the SARATSO, if applicable, and shall make a statement
that it has considered the report, which shall be filed with the
clerk of the court as a record in the case. If the court determines
that there are circumstances in mitigation of the punishment
prescribed by law or that the ends of justice would be served by
granting probation to the person, it may place the person on
probation. If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections and Rehabilitation at the prison or other institution to
which the person is delivered.
(4) The preparation of the report or the consideration of the
report by the court may be waived only by a written stipulation of
the prosecuting and defense attorneys that is filed with the court or
an oral stipulation in open court that is made and entered upon the
minutes of the court, except that a waiver shall not be allowed
unless the court consents thereto. However, if the defendant is
ultimately sentenced and committed to the state prison, a probation
report shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court
shall order the probation officer who makes the probation report to
discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may
either refer the matter to the probation officer for an investigation
and a report or summarily pronounce a conditional sentence. If the
person was convicted of an offense that requires him or her to
register as a sex offender pursuant to Sections 290 to 290.023,
inclusive, or if the probation officer recommends that the court, at
sentencing, order the offender to register as a sex offender pursuant
to Section 290.006, the court shall refer the matter to the
probation officer for the purpose of obtaining a report on the
results of the State-Authorized Risk Assessment Tool for Sex
Offenders administered pursuant to Sections 290.04 to 290.06,
inclusive, if applicable, which the court shall consider. If the case
is not referred to the probation officer, in sentencing the person,
the court may consider any information concerning the person that
could have been included in a probation report. The court shall
inform the person of the information to be considered and permit him
or her to answer or controvert the information. For this purpose,
upon the request of the person, the court shall grant a continuance
before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon,
other than a firearm, at the time of the perpetration of the crime
or his or her arrest, any person who has been convicted of arson,
robbery, carjacking, burglary, burglary with explosives, rape with
force or violence, torture, aggravated mayhem, murder, attempt to
commit murder, trainwrecking, kidnapping, escape from the state
prison, or a conspiracy to commit one or more of those crimes and who
was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon
a human being in connection with the perpetration of the crime of
which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has been
convicted.
(4) Any person who has been previously convicted twice in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in
this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as a
felony, any person who has been convicted of burglary with
explosives, rape with force or violence, torture, aggravated mayhem,
murder, attempt to commit murder, trainwrecking, extortion,
kidnapping, escape from the state prison, a violation of Section 286,
288, 288a, or 288.5, or a conspiracy to commit one or more of those
crimes.
(6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony, if
he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon
at the time of the perpetration of the previous crime or his or her
arrest for the previous crime, he or she was armed with a weapon at
either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a
human being in connection with the perpetration of the previous
crime.
(C) The person willfully inflicted great bodily injury or torture
in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any
city, county, or other political subdivision who, in the discharge of
the duties of his or her public office or employment, accepted or
gave or offered to accept or give any bribe, embezzled public money,
or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away
phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in
the commission of arson under subdivision (a) of Section 451 or who
intentionally set fire to, burned, or caused the burning of, an
inhabited structure or inhabited property in violation of subdivision
(b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great
bodily injury or causes the death of a human being by the discharge
of a firearm from or at an occupied motor vehicle proceeding on a
public street or highway.
(11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 33215, a machinegun under
Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the
Welfare and Institutions Code.
(13) Any person who is described in subdivision (b) or (c) of
Section 27590.
(f) When probation is granted in a case which comes within
subdivision (e), the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall
refer the matter to the probation officer for an investigation of the
facts relevant to determination of the amount of a restitution fine
pursuant to subdivision (b) of Section 1202.4 in all cases where the
determination is applicable. The judge, in his or her discretion, may
direct the probation officer to investigate all facts relevant to
the sentencing of the person. Upon that referral, the probation
officer shall immediately investigate the circumstances surrounding
the crime and the prior record and history of the person and make a
written report to the court of his or her findings. The findings
shall include a recommendation of the amount of the restitution fine
as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report
is prepared pursuant to subdivision (b) or (g), the probation
officer may obtain and include in the report a statement of the
comments of the victim concerning the offense. The court may direct
the probation officer not to obtain a statement if the victim has in
fact testified at any of the court proceedings concerning the
offense.
(i) A probationer shall not be released to enter another state
unless his or her case has been referred to the Administrator of the
Interstate Probation and Parole Compacts, pursuant to the Uniform Act
for Out-of-State Probationer or Parolee Supervision (Article 3
(commencing with Section 11175) of Chapter 2 of Title 1 of Part 4)
and the probationer has reimbursed the county that has jurisdiction
over his or her probation case the reasonable costs of processing his
or her request for interstate compact supervision. The amount and
method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is
available, in addition to referring the matter to the probation
officer, the court may order the defendant to appear before the
county financial evaluation officer for a financial evaluation of the
defendant's ability to pay restitution, in which case the county
financial evaluation officer shall report his or her findings
regarding restitution and other court-related costs to the probation
officer on the question of the defendant's ability to pay those
costs.
Any order made pursuant to this subdivision may be enforced as a
violation of the terms and conditions of probation upon willful
failure to pay and at the discretion of the court, may be enforced in
the same manner as a judgment in a civil action, if any balance
remains unpaid at the end of the defendant's probationary period.
(k) Probation shall not be granted to, nor shall the execution of,
or imposition of sentence be suspended for, any person who is
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, or a serious felony, as defined in subdivision (c) of
Section 1192.7, and who was on probation for a felony offense at the
time of the commission of the new felony offense.
SEC. 46. Section 13518.1 of the Penal Code is amended to read:
13518.1. In order to prevent the spread of communicable disease,
a law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 may provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.
SEC. 47. Section 13701 of the Penal Code is amended to read:
13701. (a) As a best practice, every law enforcement agency in
this state may develop, adopt, and implement written policies and
standards for officers' responses to domestic violence calls by
January 1, 1986. These policies may reflect that domestic violence is
alleged criminal conduct. Further, they may reflect existing policy
that a request for assistance in a situation involving domestic
violence is the same as any other request for assistance where
violence has occurred.
(b) As a best practice, the written policies may encourage the
arrest of domestic violence offenders if there is probable cause that
an offense has been committed. These policies also may require the
arrest of an offender, absent exigent circumstances, if there is
probable cause that a protective order issued under Chapter 4
(commencing with Section 2040) of Part 1 of Division 6, Division 10
(commencing with Section 6200), or Chapter 6 (commencing with Section
7700) of Part 3 of Division 12, of the Family Code, or Section 136.2
of this code, or by a court of any other state, a commonwealth,
territory, or insular possession subject to the jurisdiction of
the United States, a
military tribunal, or a tribe has been violated. These policies may
discourage, when appropriate, but not prohibit, dual arrests. Peace
officers may make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer may
consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies may be developed, adopted, and implemented by July 1,
1996. Notwithstanding subdivision (d), law enforcement agencies may
develop these policies with the input of local domestic violence
agencies.
(c) As a best practice, these existing local policies and those
developed may be in writing and, if developed, shall be available to
the public upon request and may include specific standards for the
following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
(B) A statement that, "For further information about a shelter you
may contact ____."
(C) A statement that, "For information about other services in the
community, where available, you may contact ____."
(D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
(E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
(i) An order restraining the attacker from abusing the victim and
other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate
in counseling.
(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
(i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to
follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to
the victim, including sexual assault by a person who is the spouse of
the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize the response guidelines developed
by the commission in developing local policies.
SEC. 48. Section 13710 of the Penal Code is amended to read:
13710. (a) (1) As a best practice, law enforcement agencies may
maintain a complete and systematic record of all protection orders
with respect to domestic violence incidents, including orders which
have not yet been served, issued pursuant to Section 136.2,
restraining orders, and proofs of service in effect. This may be used
to inform law enforcement officers responding to domestic violence
calls of the existence, terms, and effective dates of protection
orders in effect.
(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.
SEC. 49. Section 13730 of the Penal Code is amended to read:
13730. (a) As a best practice, each law enforcement agency may
develop a system, by January 1, 1986, for recording all domestic
violence-related calls for assistance made to the department
including whether weapons are involved. All domestic violence-related
calls for assistance may be supported with a written incident
report, as described in subdivision (c), identifying the domestic
violence incident. Monthly, the total number of domestic violence
calls received and the numbers of those cases involving weapons may
be compiled by each law enforcement agency and submitted to the
Attorney General.
(b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
(c) As a best practice, each law enforcement agency may develop an
incident report form that includes a domestic violence
identification code by January 1, 1986. In all incidents of domestic
violence, a report may be written and may be identified on the face
of the report as a domestic violence incident. The report may include
at least all of the following:
(1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.
(2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered by
an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Division 4 (commencing with
Section 18250) of Title 2 of Part 6.
SEC. 50. Section 10351 of the Public Contract Code is amended to
read:
10351. (a) The department shall exempt from its approval
contracts under one hundred fifty thousand dollars ($150,000) that
any state agency awards if the state agency does all of the
following:
(1) Designates an agency officer as responsible and directly
accountable for the agency's contracting program.
(2) Establishes written policies and procedures and a management
system that will ensure the state agency's contracting activities
comply with applicable provisions of law and regulations and that it
has demonstrated the ability to carry out these policies and
procedures and to implement the management system.
(3) Establishes a plan for ensuring that contracting personnel are
adequately trained in contract administration and contract
management.
(4) Conducts an audit every two years of the contracting program
and reports to the department as it may require.
(5) Establishes procedures for reporting to the department and the
Legislature on such contracts as the Legislature may require in the
Budget Act.
(b) Any state agency may request the department to exempt from its
approval classes or types of contracts under this section. When the
department receives a request but refuses to grant the exemption, it
shall state in writing the reasons for the refusal. It is the intent
of the Legislature that the department shall actively implement the
provisions of this section and shall exempt from its approval as wide
a range of classes or types of contracts as is consistent with
proper administrative controls and the best interests of the state.
SEC. 51. Section 12100 of the Public Contract Code is amended to
read:
12100. (a) The Legislature finds that the unique aspects of
information technology projects, as defined in Chapter 4800 of the
State Administrative Manual and not delegated under subdivision (e)
of Section 12102.2, and their importance to state programs warrant a
separate acquisition authority. The Legislature further finds that
this separate authority should enable the timely acquisition of
information technology goods and services to meet the state's needs
in the most value-effective manner.
(b) (1) All contracts for the acquisition of information
technology projects, reportable under Chapter 4800 of the State
Administrative Manual and not delegated under subdivision (e) of
Section 12102.2, shall be made by or under the supervision of the
Department of Technology consistent with the requirements of this
chapter.
(2) The Department of Technology shall have the authority
necessary for the acquisition of information technology projects as
prescribed in this chapter.
(c) The Department of Technology shall have the final authority in
the determination of information technology procurement policy.
(d) The Department of Technology shall have the final authority in
the determination of information technology procurement procedures
applicable to acquisitions of information technology projects
reportable under Chapter 4800 of the State Administrative Manual and
not delegated under subdivision (e) of Section 12102.2 and
telecommunications procurements made pursuant to Section 12120.
(e) The Department of Technology shall have the final authority in
the determination of procurement policy in telecommunications
procurements made pursuant to Section 12120.
(f) Unless otherwise expressly provided, all contracts for the
acquisition of information technology goods or services, whether by
lease or purchase, shall be made by or under the supervision of the
Department of General Services.
(g) Unless otherwise expressly provided, the Department of General
Services shall have the final authority in the determination of
information technology procurement procedures.
SEC. 52. Section 12100.5 of the Public Contract Code is amended to
read:
12100.5. The Regents of the University of California, the
Trustees of the California State University, and the Board of
Governors of the California Community Colleges shall not be subject
to this chapter except that the trustees shall develop policies and
procedures maintained in its state university administrative manual
and the board shall adopt policies and procedures maintained in its
administrative manual that further the legislative policies for
contracting expressed in this chapter but without the involvement of
the Director of Finance, the Director of General Services, the
Department of Finance, the Department of General Services, the
Director of Technology, or the Department of Technology.
SEC. 53. Section 12100.7 of the Public Contract Code is amended to
read:
12100.7. As used in this chapter:
(a) "Multiple award schedule" (MAS) is an agreement established
between the General Services Administration of the United States and
certain suppliers to do business under specific prices, terms, and
conditions for specified goods, information technology, and services.
(b) "Multiple award" means a contract of indefinite quantity for
one or more similar goods, information technology, or services to
more than one supplier.
(c) "Procedures" means the rules, methods, and practices to be
followed in conducting information technology procurements.
(d) "Policies" means determining what information technology goods
or services are to be purchased and by whom.
(e) For purposes of this chapter, "value-effective acquisition"
may be defined to include, but not be limited to, the following:
(1) The operational cost that the state would incur if the bid or
proposal is accepted.
(2) Quality of the product or service, or its technical
competency.
(3) Reliability of delivery and implementation schedules.
(4) The maximum facilitation of data exchange and systems
integration.
(5) Warranties, guarantees, and return policy.
(6) Supplier financial stability.
(7) Consistency of the proposed solution with the state's planning
documents and announced strategic program direction.
(8) Quality and effectiveness of business solution and approach.
(9) Industry and program experience.
(10) Prior record of supplier performance.
(11) Supplier expertise with engagements of similar scope and
complexity.
(12) Extent and quality of the proposed participation and
acceptance by all user groups.
(13) Proven development methodologies and tools.
(14) Innovative use of current technologies and quality results.
SEC. 54. Section 12101 of the Public Contract Code is amended to
read:
12101. It is the intent of the Legislature that policies and
procedures developed by the Department of Technology and the
Department of General Services in accordance with this chapter
provide for the following:
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 55. Section 12101.2 of the Public Contract Code is amended to
read:
12101.2. The Department of General Services shall prenegotiate
the repetitively used terms and conditions in the state's model
contract with each interested vendor who bids or proposes on
electronic data processing or telecommunications procurements. The
contract language shall be kept on file, as a matter of public
record, and shall remain operational until either the state or the
vendor provides 30 days' notice to the other party that new
negotiations are deemed appropriate.
If, for a particular procurement, the state seeks to make any
further changes to either the negotiated or the standard contract
language, or both, it shall identify those changes to each bidder or
proposer prior to the due date for the bid or proposal. If for a
particular procurement, a bidder or proposer seeks to propose a
negotiated change or standard contract language change, it shall make
this identification within the timeframe identified in the
solicitation document.
SEC. 56. Section 12101.5 of the Public Contract Code is amended to
read:
12101.5. (a) It is the intent of the Legislature that agencies of
the state use an acquisition method that is compatible with their
short- and long-term fiscal needs in contracts relating to
commodities and information technology goods and services. State
agencies should be able to specify their anticipated life cycle
requirements that would become one of the criteria for contractor
selection. These agencies should be given the choice of suppliers to
meet statewide standardization needs, unique service requirements,
application requirements, and long-term satisfaction criteria. There
is a need for the state to enter into long-term contracts with annual
cancellation and fund-out clauses, as required, to protect the state'
s interests as well as provide the option for multiyear renewals to
encourage suppliers to develop higher levels of service and support
throughout the contracts.
(b) The state may utilize multiple awards, including federal
General Service Administration Multiple Awards Schedules and master
agreements or contracts for goods, information technology, services,
or consulting services. For purposes of this subdivision, a multiple
award is an award of an indefinite quantity contract for one or more
similar goods, information technology, or services to more than one
supplier. Except for possible multiple awards as permitted by this
subdivision, and except as described in subdivision (d), all the
requirements of this chapter pertaining to other types of information
technology acquisitions shall be followed. The Department of General
Services shall administer this section and ensure that multiple
award schedules are in compliance with all other applicable statutes.
(c) Notwithstanding any other provision of law, state agencies, in
exercising their contracting authority delegated by the Department
of General Services, may contract with suppliers who have multiple
award schedules with the General Services Administration of the
United States on the same terms, conditions, and prices if the
supplier is willing to do so. The Department of General Services may
also develop multiple award schedules or agreements for use by state
agencies in the same manner. The Department of General Services shall
determine the delegation contracting authority for agencies wishing
to use multiple award schedules.
(d) For contracts related to information technology integration or
development projects that generate revenues or achieve savings over
a quantifiable baseline of existing costs, state agencies shall
consider and may incorporate performance-based or share-in-savings
contract terms to manage risks and create incentives for successful
contract performance. Performance-based or share-in-savings contracts
may have the following characteristics, among others:
(1) Contract terms that specify business outcomes to be achieved,
not the solution to be provided.
(2) Contract terms that structure the contract to maintain maximum
vendor commitment to project success and minimize risk to the state
by sharing risk with the private sector.
(3) Utilization of "best value" evaluation methods, which means to
select the solution that will achieve the best result based on
business performance measures, not necessarily the lowest price.
(4) Contract terms that base payments to the vendor primarily on
achieving predefined performance measures.
SEC. 57. Section 12102 of the Public Contract Code is amended to
read:
12102. (a) The Department of General Services shall maintain, in
the State Administrative Manual, all policies and procedures
governing the acquisition and disposal of information technology
goods and services, including, but not limited to, the policies and
procedures that the Department of Technology is authorized to
establish for the acquisition of information technology projects. The
Department of Technology shall provide a link to information
technology policies and procedures in the State Administrative Manual
on the homepage of the Internet Web site.
(b) Except as specified in Section 12102.1, acquisition of
information technology goods and services shall be conducted through
competitive means, except when the Director of General Services
determines that (1) the goods and services proposed for acquisition
are the only goods and services which can meet the state's need, or
(2) the goods and services are needed in cases of emergency where
immediate acquisition is necessary for the protection of the public
health, welfare, or safety. The acquisition mode to be used and the
procedure to be followed shall be approved by the Director of General
Services. The Department of General Services shall maintain, in the
State Administrative Manual, appropriate criteria and procedures to
ensure compliance with the intent of this chapter. These criteria and
procedures shall include acquisition and contracting guidelines to
be followed by state agencies with respect to the acquisition of
information technology goods and services. These guidelines may be in
the form of standard formats or model formats.
SEC. 58. Section 12102.1 is added to the Public Contract Code, to
read:
12102.1. (a) The Department of Technology shall establish in the
State Administrative Manual all of the following:
(1) Policies governing the acquisition of information technology
projects.
(2) Procedures governing the acquisition of information technology
projects reportable under Chapter 4800 of the State Administrative
Manual and not delegated under subdivision (e) of Section 12102.2.
(3) Policies and procedures governing the acquisition of
telecommunications goods and services, as authorized under Section
12120.
(b) Acquisition of information technology goods and services that
are subject to subdivision (a) shall be conducted through competitive
means, except when the Director of Technology determines that (1)
the goods and services proposed for acquisition are the only goods
and services that can meet the state's need, or (2) the goods and
services are needed for an emergency and immediate acquisition and
are necessary for the protection of the public health, welfare, or
safety. The acquisition mode to be used and the procedure to be
followed shall be approved by the Director of Technology. The
Department of Technology shall establish, in the State Administrative
Manual, appropriate criteria and procedures to ensure compliance
with the intent of this chapter. These criteria and procedures shall
include acquisition and contracting guidelines to be followed by
state agencies with respect to the acquisition of information
technology projects that are reportable under State Administrative
Manual Section 4800 et seq. These guidelines may be in the form of
standard formats or model formats.
SEC. 59. Section 12102.2 is added to the Public Contract Code, 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 California Victim Compensation
and Government Claims Board 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
Victim Compensation and Government Claims Board 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. 60. Section 12103 of the Public Contract Code is amended to
read:
12103. In addition to the mandatory requirements enumerated in
Sections 12102, 12102.1, and 12102.2, the acquisition policies and
procedures developed by the Department of Technology and the
Department of General Services in accordance with this chapter may
provide for the following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 61. Section 12103.5 of the Public Contract Code is amended to
read:
12103.5. For those information technology purchases for which the
Department of General Services or the Department of Technology
determines that a request for proposal (RFP) is appropriate, the
controlling department, as specified under Section 12100, shall
identify and document the following, with respect to information
technology procurements, prior to releasing the RFP:
(a) Identify the legislative mandate, state business, or
operational reason for the information technology procurement.
(b) Identify the existing business processes currently used to
accomplish the legislative mandate, state business, or operational
reason.
(c) Identify the most important priorities for the information
technology project to accomplish.
(d) Identify what current technology is being used and how it is
being used.
(e) If the data used in a proposed information technology system
comes from multiple sources, identify the existing business processes
or technical systems that produce and maintain the source data to
ensure interoperability.
(f) Identify how the new information technology project leverages
existing technology investments while accomplishing its business
objectives.
SEC. 62. Section 12104 of the Public Contract Code is amended to
read:
12104. (a) (1) The State Contracting Manual shall set forth all
procedures and methods that shall be used by the state when seeking
to obtain bids for the acquisition of information technology.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the Internet Web site homepage of
the Department of General Services. The Department of Technology
shall provide a link to the State Contracting Manual on its Internet
Web site homepage.
(b) The Department of General Services and the Department of
Technology in accordance with this chapter shall develop, implement,
and maintain standardized methods for the development of all
information technology requests for proposals.
(c) All information technology requests for proposals shall be
reviewed by the Department of Technology prior to release to the
public.
SEC. 63. Section 12104.5 of the Public Contract Code is amended to
read:
12104.5. (a) All rules and requirements governing an information
technology acquisition, for which the Department of General Services
or the Department of Technology determines that a request for
proposal (RFP) is appropriate, shall be communicated in writing to
all vendors that have expressed an intent to bid and shall be posted
in a public location. Any changes to the rules and requirements
governing that RFP shall be communicated in writing to all vendors
that have expressed an intent to bid and shall be posted in a public
location. Requirements other than those provided by law or outside of
the published RFP and posted addendums shall not be used to score
bids.
(b) (1) All requests for proposals shall contain the following
statement:
"It is unlawful for any person engaged in business within this
state to sell or use any article or product as a "loss leader" as
defined in Section 17030 of the Business and Professions Code."
(2) The Department of General Services shall post in the State
Contracting Manual instructions for including the statement required
by paragraph (1) in all affected contracts.
(3) The statement required by paragraph (1) shall be deemed to be
part of a request for proposal even if the statement is inadvertently
omitted from the request for proposal.
(c) The requirements of this section shall be in addition to any
other requirement provided by law.
SEC. 64. Section 12105 of the Public Contract Code is amended to
read:
12105. The Department of General Services and the Department of
Technology shall coordinate in the development of policies and
procedures that implement the intent of this chapter.
SEC. 65. Section 12106 of the Public Contract Code is amended to
read:
12106. The Department of General Services and the Department of
Technology may, in addition to fulfilling the mandatory requirements
enumerated in Sections 12102, 12102.1, and 12102.2, adopt such rules
and regulations as are necessary for the purposes of this chapter.
SEC. 66. Section 12108 of the Public Contract Code is amended to
read:
12108. Until the time that the Department of General Services and
the Department of Technology have published in the State
Administrative Manual the procedures required in accordance with
Section 12102, acquisitions of information technology goods and
services shall be accomplished in accordance with either existing
State Administrative Manual procedures for the acquisition of
information technology goods and services, or Article 2 (commencing
with Section 14790) of Chapter 6 of Part 5.5 of Division 3 of Title 2
of the Government Code, as determined by the Department of General
Services.
SEC. 67. Section 12109 of the Public Contract Code is amended to
read:
12109. The Director of General Services and the Director of
Technology may make the services of their respective departments
under this chapter available, upon the terms and conditions that may
be deemed satisfactory, to any tax-supported public agency in the
state, including a school district, for assisting the agency in the
acquisition of information technology goods or services.
SEC. 68. Section 12112 of the Public Contract Code is amended to
read:
12112. (a) Any contract for information technology goods or
services, to be manufactured or performed by the contractor
especially for the state and not suitable for sale to others in the
ordinary course of the contractor's business may provide, on the
terms and conditions that the controlling department, as specified in
Section 12100, deems necessary to protect the state's interests, for
progress payments for work performed and costs incurred at the
contractor's shop or plant, provided that not less than 10 percent of
the contract price is required to be withheld until final delivery
and acceptance of the goods or services. Notwithstanding this
subdivision, if the department determines that lesser withholding
levels are appropriate based upon an evaluation of risk determined
under subdivision (b) and the contract price is ten million dollars
($10,000,000) or more, the department shall withhold no less than 5
percent of the contract price until final delivery and acceptance of
the goods or services. If the department determines that lesser
withholding levels are appropriate based on an evaluation of risk
determined under subdivision (b) and the contract price is less than
ten million dollars ($10,000,000), the department shall withhold no
less than 3 percent of the contract price until final delivery and
acceptance of the goods or services.
(b) The Department of General Services, in consultation with the
Department of Finance, shall develop and maintain criteria for the
evaluation of risk to the state that results from the acquisition of
information technology. This risk analysis shall determine the need
for financial protection that is in the best interest of the state,
including, but not limited to, any of the following:
(1) An acceptable performance bond as described in Chapter 2
(commencing with Section 995.010) of Title 14 of Part 2 of the Code
of Civil Procedure.
(2) Any surety as defined in Section 2787 of the Civil Code.
(3) A letter of credit as described in Division 5 (commencing with
Section 5101) of the Commercial Code.
(4) Protection in the form of contract terms.
(5) Any other form of security or guaranty of performance in an
amount sufficient to protect the state in the case of default by the
contractor providing information technology, or any other breach or
malfunction of the goods or services, or both.
(c) For purposes of this section, "information technology" means
information technology goods or services, or both, as appropriate.
SEC. 69. Section 12120 of the Public Contract Code is amended to
read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
Any contract for the acquisition of telecommunications services and
any contract for the acquisition of telecommunications goods, whether
by lease or purchase, shall be made by, or under the supervision of,
the Department of Technology. Any acquisition shall be accomplished
in accordance with Chapter 3 (commencing with Section 12100),
relating to the acquisition of information technology goods and
services, except to the extent any directive or provision is uniquely
applicable to information technology acquisitions. The Department of
Technology shall have responsibility for the establishment of policy
and procedures for telecommunications. The Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
agency with regard to acquisition of telecommunications goods and
services by the California State University and the California
Community Colleges, respectively. The trustees and the board shall
each grant to the agency an opportunity to bid whenever the
university or the college system solicits bids for telecommunications
goods and services.
SEC. 70. Section 12121 of the Public Contract Code is repealed.
SEC. 71. Section 12125 of the Public Contract Code is amended to
read:
12125. There is hereby established the Alternative Protest
Process to be administered by the Department of General Services and
the Department of Technology in accordance with Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 and this chapter.
SEC. 72. Section 12126 of the Public Contract Code is amended to
read:
12126. (a) Notwithstanding any other law, any department or
agency may use the solicitation and alternative protest procedures
outlined in this chapter for solicitations authorized under Chapter 2
(commencing with Section 10290) or Chapter 3 (commencing with
Section 12100). The Department of General Services shall develop
procedures and guidelines for the implementation of this alternative
protest process.
(b) To be eligible for this alternative protest process, the
contracting department shall agree to participate in the Alternative
Protest Process and the Department of General Services or the
Department of Technology, as appropriate, shall indicate that the
proposed solicitation shall be conducted as part of the Alternative
Protest Process prior to release of the solicitation. Submission of a
bid constitutes consent for participation in the Alternative Protest
Process. Any protests filed in relation to the proposed contract
award shall be conducted under the procedures set forth by the
Department of General Services for the Alternative Protest Process.
(c) Notwithstanding any other law to the contrary, any bid protest
conducted under this chapter shall include one or more of the
following alternative procedures:
(1) The Alternative Protest Process shall not prevent the
commencement of work in accordance with the terms of any other
contract awarded pursuant to this chapter. A contract may be entered
into pending a final decision on the protest.
(2) The Department of General Services, in bid protests for
procurements it conducts or supervises, shall review the protest
within seven days of the filing date to determine if the protest is
frivolous. If determined to be frivolous, the protest shall not
proceed under this chapter until the bidder posts a protest bond in
an amount not less than 10 percent of the estimated contract value,
as determined by the Department of General Services in the
solicitation.
(3) The Department of Technology, in bid protests for procurements
it conducts or supervises pursuant to paragraph (1) of subdivision
(b) of Section 12100 and telecommunications procurements made
pursuant to Section 12120, shall review the protest within seven days
of the filing date to determine if the protest is frivolous. If
determined to be frivolous, the protest shall not proceed under this
chapter until the bidder posts a protest bond in an amount not less
than 10 percent of the estimated contract value, as determined by the
Department of Technology in the solicitation.
(4) The Director of General Services or the Director of
Technology, as appropriate under paragraphs (2) and (3), shall issue
a decision within a period not to exceed 45 days from the date the
protest is filed.
(5) Arbitration, as defined and established by the Department of
General Services, shall be the resolution tool.
(d) Authority to protest under this chapter shall be limited to
participating bidders.
(1) Grounds for major information technology acquisition protests
shall be limited to violations of the solicitation procedures and
that the protestant should have been selected.
(2) Any other acquisition protest filed pursuant to this chapter
shall be based on the ground that the bid or proposal should have
been selected in accordance with selection criteria in the
solicitation document.
SEC. 73. Section 12128 of the Public Contract Code is amended to
read:
12128. The Department of General Services and the Department of
Technology in accordance with Chapter 3 (commencing with Section
12100) of Part 2 of Division 2 and this chapter shall apply this
chapter to the following categories:
(a) Information technology and ancillary services.
(b) Material, supplies, equipment, and ancillary services.
SEC. 74. Section 75121 of the Public Resources Code is amended to
read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency, the
Secretary for Environmental Protection, the Secretary of Business,
Transportation and Housing, the Secretary of California Health and
Human Services, the Secretary of Business, Consumer Services, and
Housing, and one member of the public to be appointed by the
Governor. The public member shall have a background in land use
planning, local government, resource protection and management, or
community development or revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
SEC. 75. Section 2872.5 of the Public Utilities Code is amended to
read:
2872.5. (a) The commission, in consultation with the Office of
Emergency Services, shall open an investigative proceeding to
determine whether standardized notification systems and protocol
should be utilized by entities that are authorized to use automatic
dialing-announcing devices pursuant to subdivision (e) of Section
2872, to facilitate notification of affected members of the public of
local emergencies. The commission shall not establish standards for
notification systems or standard notification protocol unless it
determines that the benefits of the standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 76. Section 2892 of the Public Utilities Code is amended to
read:
2892. (a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code). "911" shall be the primary access number for those
emergency systems. A provider of commercial mobile radio service, in
accordance with all applicable Federal Communication Commission
orders, shall transmit all "911" calls from technologically
compatible commercial mobile radio service communication devices
without requiring user validation or any similar procedure. A
provider of commercial mobile radio service may not charge any
airtime, access, or similar usage charge for any "911" call placed
from a commercial mobile radio service telecommunications device to a
local emergency telephone system.
(b) A "911" call from a commercial mobile radio service
telecommunications device may be routed to a public safety answering
point other than the Department of the California Highway Patrol only
if the alternate routing meets all of the following requirements:
(1) The "911" call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways Code,
under the jurisdiction of the Department of the California Highway
Patrol.
(2) The alternate routing is economically and technologically
feasible.
(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California Highway
Patrol.
(4) The Department of the California Highway Patrol, the Office of
Emergency Services, and the proposed alternate public safety
answering point, in consultation with the wireless industry,
providers of "911" selective routing service, and local law
enforcement officials, determine that it is in the best interest of
the public and will provide more effective emergency service to the
public to route "911" calls that do not originate from a freeway, as
defined in Section 23.5 of the Streets and Highways Code, under the
jurisdiction of the Department of the California Highway Patrol to
another public safety answering point.
SEC. 77. Section 2892.1 of the Public Utilities Code is amended to
read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the Office of Emergency
Services, shall open an investigative or other appropriate proceeding
to identify the need for telecommunications service systems not on
the customer's premises to have backup electricity to enable
telecommunications networks to function and to enable the customer to
contact a public safety answering point operator during an
electrical outage, to determine performance criteria for backup
systems, and to determine whether the best practices recommended by
the Network Reliability and Interoperability Council in December
2005, for backup systems have been implemented by telecommunications
service providers operating in California. If the commission
determines it is in the public interest, the commission shall,
consistent with subdivisions (c) and (d), develop and implement
performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 78. Section 41030 of the Revenue and Taxation Code is amended
to read:
41030. The Office of Emergency Services shall determine annually,
on or before October 1, a surcharge rate that it estimates will
produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs
(including incremental costs) the Office of Emergency Services
estimates for the current fiscal year of 911 plans approved pursuant
to Section 53115 of the Government Code, less the available balance
in the State Emergency Telephone Number Account in the General Fund,
by its estimate of the charges for intrastate telephone
communications services and VoIP service to which the surcharge will
apply for the period of January 1 to December 31, inclusive, of the
next succeeding calendar year, but in no event shall such surcharge
rate in any year be greater than three-quarters of 1 percent nor less
than one-half of 1 percent.
SEC. 79. Section 41031 of the Revenue and Taxation Code is amended
to read:
41031. The Office of Emergency Services shall make its
determination of the surcharge rate each year no later than October 1
and shall notify the board of the new rate, which shall be fixed by
the board to be effective with respect to charges made for intrastate
telephone communication services and VoIP service on or after
January 1 of the next succeeding calendar year.
SEC. 80. Section 41032 of the Revenue and Taxation Code is amended
to read:
41032. Immediately upon notification by the Office of Emergency
Services and fixing the surcharge rate, the board shall each year no
later than November 15 publish in its minutes
the new rate, and it shall notify by mail every
service supplier registered with it of the new rate.
SEC. 81. Section 41136 of the Revenue and Taxation Code is amended
to read:
41136. Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes:
(a) A minimum of one-half of 1 percent of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies, as follows:
(1) To pay refunds authorized by this part.
(2) To pay the State Board of Equalization for the cost of the
administration of this part.
(3) To pay the Office of Emergency Services for its costs in
administration of the "911" emergency telephone number system.
(4) To pay bills submitted to the Office of Emergency Services by
service suppliers or communications equipment companies for the
installation of, and ongoing expenses for, the following
communications services supplied to local agencies in connection with
the "911" emergency phone number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs.
(5) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
(6) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency telephone
number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the Office of Emergency
Services.
(b) (1) For the purposes of paragraph (5) of subdivision (a), the
term incremental costs shall include a maximum of one-quarter of 1
percent of the charges for intrastate telephone communications
services and VoIP service to which the surcharge applies for a
one-time payment to Primary Public Safety Answering Points for the
cost necessary to recruit and train additional personnel necessary to
accept wireless enhanced "911" calls from within their jurisdiction
routed directly to their call centers.
(2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these services.
SEC. 82. Section 41136.1 of the Revenue and Taxation Code is
amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the Office of Emergency Services, even if the
projects have not yet commenced.
SEC. 83. Section 41137 of the Revenue and Taxation Code is amended
to read:
41137. The Office of Emergency Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
Office of Emergency Services.
SEC. 84. Section 41137.1 of the Revenue and Taxation Code is
amended to read:
41137.1. The Office of Emergency Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the Office of Emergency
Services for approval on or before October 1, 1978, as provided in
Section 53115 of the Government Code.
SEC. 85. Section 41138 of the Revenue and Taxation Code is amended
to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the Office of Emergency Services. The Office
of Emergency Services shall negotiate supplier pricing to ensure
cost-effectiveness and the best value for the "911" emergency
telephone number system. The Office of Emergency Services shall pay
those bills as provided in Section 41137 only under the following
conditions:
(1) The Office of Emergency Services shall have received the local
agency's "911" emergency telephone number system plan by July 1 of
the prior fiscal year and approved the plan by October 1 of the prior
fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The Office of Emergency Services has reviewed and approved
each line item of a request for funding to ensure the necessity of
the proposed equipment or services and the eligibility for
reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the Office of Emergency Services.
Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the Office of Emergency
Services. In determining the reimbursement rate, the Office of
Emergency Services shall utilize the approved pricing submitted by
the supplier providing the equipment or service.
(b) This section shall not be construed to limit an agency's
ability to select a supplier or procure telecommunications equipment
as long as the supplier's pricing is preapproved by the Office of
Emergency Services. Agencies shall be encouraged to procure equipment
on a competitive basis. Any amount in excess of the pricing approved
by the Office of Emergency Services shall not be reimbursed.
SEC. 86. Section 41139 of the Revenue and Taxation Code is amended
to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the Office of Emergency Services
shall begin paying bills as provided in Sections 41137, 41137.1, and
41138 in the 1977-78 fiscal year for plans submitted by local
agencies by July 1, 1976, to the Office of Emergency Services which
the Office of Emergency Services has approved.
SEC. 87. Section 41140 of the Revenue and Taxation Code is amended
to read:
41140. The Office of Emergency Services shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by agencies
for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency telephone
number, provided local agency plans had been approved by the Office
of Emergency Services:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
SEC. 88. Section 41141 of the Revenue and Taxation Code is amended
to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the Office of Emergency Services, which shall determine
payment eligibility and shall reduce the claim for charges that
exceed the approved incremental costs, approved contract amounts, or
the established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.
SEC. 89. Section 41142 of the Revenue and Taxation Code is amended
to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the Office of Emergency Services by service
suppliers or communications equipment companies for the installation
and ongoing communications services supplied local agencies in
connection with the "911" emergency telephone number system, and to
pay claims of local agencies which, prior to the effective date of
this part, paid amounts to service suppliers or communications
equipment companies for the installation and ongoing expenses in
connection with the "911" emergency telephone number system, the
obligation of service suppliers and local agencies to provide "911"
emergency telephone service shall terminate and service shall not
again be required until the Legislature has appropriated an amount
sufficient to pay those bills or claims. This part shall not preclude
local agencies from purchasing or acquiring any communication
equipment from companies other than the telephone service suppliers.
SEC. 90. Section 5066 of the Vehicle Code is amended to read:
5066. (a) The department, in conjunction with the California
Highway Patrol, shall design and make available for issuance pursuant
to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license plate
may be issued in a combination of numbers or letters, or both, as
requested by the applicant for the plates. A person described in
Section 5101, upon payment of the additional fees set forth in
subdivision (b), may apply for and be issued a set of California
memorial license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees required
pursuant to Sections 5106 and 5108 shall be deposited proportionately
in the funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the Office of
Emergency Services to be used solely for antiterrorism activities.
The office shall not use more than 5 percent of the money
appropriated for local antiterrorism efforts for administrative
purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Money deposited in
this fund shall be administered by the Scholarshare Investment Board,
and shall be available, upon appropriation in the annual Budget Act
or in another statute, for distribution or encumbrance by the board
pursuant to Article 21.5 (commencing with Section 70010) of Chapter 2
of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) For the purposes of this section, "antiterrorism activities"
means activities related to the prevention, detection, and emergency
response to terrorism that are undertaken by state and local law
enforcement, fire protection, and public health agencies. The funds
provided for these activities, to the extent that funds are
available, shall be used exclusively for purposes directly related to
fighting terrorism. Eligible activities include, but are not limited
to, hiring support staff to perform administrative tasks, hiring and
training additional law enforcement, fire protection, and public
health personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and
hazardous materials and other equipment expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less than
7,500 in any year, then the department shall no longer issue or
replace those plates.
SEC. 91. Section 656.2 of the Welfare and Institutions Code is
amended to read:
656.2. (a) (1) Notwithstanding any other law, a victim shall have
the right to present a victim impact statement in all juvenile court
hearings concerning petitions filed pursuant to Section 602 alleging
the commission of any criminal offense. In any case in which a minor
is alleged to have committed a criminal offense, the probation
officer shall inform the victim of the rights of victims to submit a
victim impact statement. If the victim exercises the right to submit
a victim impact statement to the probation officer, the probation
officer is encouraged to include the statement in his or her social
study submitted to the court pursuant to Section 706 and, if
applicable, in his or her report submitted to the court pursuant to
Section 707. The probation officer also shall advise those persons as
to the time and place of the disposition hearing to be conducted
pursuant to Sections 702 and 706; any fitness hearing to be conducted
pursuant to Section 707, and any other judicial proceeding
concerning the case.
(2) The officer shall also provide the victim with information
concerning the victim's right to an action for civil damages against
the minor and his or her parents and the victim's opportunity to be
compensated from the restitution fund. The information shall be in
the form of written material prepared by the Judicial Council and
shall be provided to each victim for whom the probation officer has a
current mailing address.
(b) Notwithstanding any other law, the persons from whom the
probation officer is required to solicit a statement pursuant to
subdivision (a) shall have the right to attend the disposition
hearing conducted pursuant to Section 702 and to express their views
concerning the offense and disposition of the case pursuant to
Section 706, to attend any fitness hearing conducted pursuant to
Section 707, and to be present during juvenile proceedings as
provided in Section 676.5.
(c) (1) Notwithstanding any other law, in any case in which a
minor is alleged to have committed an act subject to a fitness
hearing under Section 707, the victim shall have the right to be
informed of all court dates and continuances pertaining to the case,
and shall further have the right to obtain copies of the charging
petition, the minutes of the proceedings, and orders of adjudications
and disposition of the court that are contained in the court file.
The arresting agency shall notify the victim in a timely manner of
the address and telephone number of the juvenile branch of the
district attorney's office that will be responsible for the case and
for informing the victim of the victim's right to attend hearings and
obtain documents as provided in this section. The district attorney
shall, upon request, inform the victim of the date of the fitness
hearing, the date of the disposition hearing, and the dates for any
continuances of those hearings, and shall inform the court if the
victim seeks to exercise his or her right to obtain copies of the
documents described in this subdivision.
(2) Where the proceeding against the minor is based on a felony
that is not listed in Section 676, a victim who obtains information
about the minor under this subdivision shall not disclose or
disseminate this information beyond his or her immediate family or
support persons authorized by Section 676, unless authorized to do so
by a judge of the juvenile court, and the judge may suspend or
terminate the right of the victim to access to information under this
subdivision if the information is improperly disclosed or
disseminated by the victim or any members of his or her immediate
family. The intentional dissemination of documents in violation of
this subdivision is a misdemeanor and shall be punished by a fine of
not more than five hundred dollars ($500). Documents released by the
court to a victim pursuant to this section shall be stamped as
confidential and with a statement that the unlawful dissemination of
the documents is a misdemeanor punishable by a fine of not more than
five hundred dollars ($500).
(d) Upon application of the district attorney for good cause and a
showing of potential danger to the public, the court may redact any
information contained in any documents released by the court to a
victim pursuant to this section.
(e) For purposes of this section, "victim" means the victim, the
parent or guardian of the victim if the victim is a minor, or, if the
victim has died, the victim's next of kin.
SEC. 92. On July 1, 2013, the remaining balance, assets,
liabilities, revenue, and expenditures of the Industrial Relations
Construction Industry Enforcement Fund shall be transferred to the
Labor Enforcement and Compliance Fund.
SEC. 93. The amendments made by this act to Sections 8592.1,
8592.5, 8592.7, 11542, 14615.1, 15251, 15253, 15254, 15275, 15277,
53108.5, 53114.1, 53115.1, and 53126.5 of the Government Code,
Sections 12100, 12100.5, 12100.7, 12101, 12101.2, 12101.5, 12102,
12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108, 12109, 12112,
12120, 12125, 12126, and 12128 of the Public Contract Code, Sections
2872.5, 2892, and 2892.1 of the Public Utilities Code, Sections
41030, 41031, 41032, 41136, 41136.1, 41137, 41137.1, 41138, 41139,
41140, 41141, and 41142 of the Revenue and Taxation Code, and the
addition by this act of Section 11543 of, and Chapter 3 (commencing
with Section 15278) to Part 6.5 of Division 3 of Title 2 of, the
Government Code, and Sections 12102.1 and 12102.2 to the Public
Contract Code, and the repeal by this act of Section 12121 of the
Public Contract Code shall be operative on July 1, 2013.
SEC. 94. It is the intent of the Legislature in enacting the
amendments made by this act to Section 23025 of the Government Code,
Sections 1203, 13518.1, 13701, 13710, and 13730 of the Penal Code,
and Section 656.2 of the Welfare and Institutions Code to relieve
local entities of the duty to perform reimbursable activities, as
determined by the Commission on State Mandates or other authorized
entity, included in the following state-mandated local programs:
(a) Deaf Teletype Equipment (04-LM-11).
(b) Adult Felony Restitution (04-LM-08).
(c) Pocket Masks (CSM-4291).
(d) Domestic Violence Information (CSM-4442).
(e) Victims' Statements-Minors (04-LM-14).
SEC. 95. 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.
