BILL NUMBER: AB 2104 CHAPTERED
BILL TEXT
CHAPTER 702
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2004
APPROVED BY GOVERNOR SEPTEMBER 23, 2004
PASSED THE ASSEMBLY AUGUST 25, 2004
PASSED THE SENATE AUGUST 24, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE JULY 27, 2004
AMENDED IN ASSEMBLY MAY 17, 2004
AMENDED IN ASSEMBLY MAY 10, 2004
INTRODUCED BY Committee on Budget (Steinberg (Chair), Bermudez,
Canciamilla, Chan, Diaz, Dutra, Dymally, Goldberg, Hancock, Jackson,
Laird, Levine, Lieber, Liu, Nakano, Pavley, Reyes, Simitian, and
Wolk)
FEBRUARY 18, 2004
An act to amend Section 1021.8 of the Code of Civil Procedure, to
amend Sections 14030 and 14070 of the Corporations Code, to amend
Section 12715 of, and to add Sections 12016 and 63048.63 to, the
Government Code, to amend Section 44011 of, and to amend, repeal, and
add Section 44091.1 of, the Health and Safety Code, to amend Section
5045 of the Public Resources Code, to repeal Section 1587 of the
Unemployment Insurance Code, to amend Section 4000.1 of the Vehicle
Code, and to amend Section 12878 of the Water Code, relating to state
operations, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, Committee on Budget. State operations.
(1) Under existing law, whenever the Attorney General prevails in
a civil action to enforce specified types of claims, the court is
required to award the Attorney General all costs of investigating and
prosecuting the action, including expert fees, reasonable attorney's
fees, and costs.
This bill would correct erroneous cross-references contained in
that provision.
(2) Existing law establishes the California Small Business
Expansion Fund in the State Treasury to, among other things, pay for
defaulted loan guarantees, administrative costs of corporations, and
those costs necessary to protect a real property interest in a
defaulted loan or guarantee. Existing law requires that the amount
of guarantee liability outstanding at any one time not exceed 4 times
the amount of funds on deposit in the expansion fund and requires
that a corporate guarantee be backed by funds on deposit in the
corporation's corporate fund.
This bill would require that the amount on deposit in the
expansion fund for guarantee liability include any receivables due
from funds loaned from the expansion fund to another fund in state
government as directed by the Department of Finance pursuant to a
statute enacted by the Legislature. The bill would also provide that
a corporate guarantee may also be backed by receivables due from
funds from the corporation's trust fund account to another fund in
state government as directed by the Department of Finance pursuant to
a statute enacted by the Legislature.
(3) Existing law sets forth the powers and duties of the Governor,
including the appointment of various executive officers.
This bill would require the Governor to appoint an executive
officer to be the Director of Homeland Security to serve at the
pleasure of the Governor, and to appoint a deputy director of
homeland security to serve at the pleasure of the director.
(4) Existing law establishes the method of calculating the
distribution of appropriations from the Indian Gaming Special
Distribution Fund for grants to local government agencies impacted by
tribal gaming. Under existing law, the Controller, acting in
consultation with the California Gambling Control Commission, is
responsible for dividing county tribal casino accounts into
individual tribal casino accounts, from which funds may be allocated
for grants to local jurisdictions impacted by tribal gaming.
Existing law specifies that funds not allocated from an individual
tribal casino account by the end of each fiscal year revert back to
the Indian Gaming Special Distribution Fund.
This bill would instead specify that funds not allocated from a
county tribal casino account, if not allocated by the end of each
fiscal year, revert back to the Indian Gaming Special Distribution
Fund.
(5) The California Public Records Act establishes the right of
every person to inspect and obtain copies of public records not
exempt from disclosure from specified state and local agencies.
This bill would exempt from disclosure under that act the records
of an Indian tribe received by the state, or by an agency, trust
fund, or entity specified by the state, in connection with the sale
of any portions of the designated tribal-state compact assets or the
issuance of bonds, or other related documents, as specified. The
bill would make related changes, and would include a statement of
legislative intent.
(6) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances. Existing law requires the Department of Motor
Vehicles to require any motor vehicle subject to those requirements
to demonstrate compliance with those requirements. Existing law also
establishes an enhanced motor vehicle inspection and maintenance
program (smog check II) in each urbanized area of the state, any part
of which is classified by the United States Environmental Protection
Agency as a serious, severe, or extreme nonattainment area for
specified air contaminants. Existing law also requires the smog
tests to include, at a minimum, loaded mode dynamometer testing in
enhanced areas, and 2-speed testing in all other program areas, and a
visual or functional check of emission control devices specified by
the department. Existing law exempts from those requirements, any
motor vehicle 4 or less model-years old and also exempts any motor
vehicle up to 6 model-years old, unless the state board determines
that the exemption would prohibit the state from meeting the
requirements of the federal Clean Air Act.
This bill would, commencing January 1, 2005, expand that exemption
to include any motor vehicle 6 or fewer model-years old, unless the
state board makes those same determinations regrading the
requirements of the federal act.
(7) Existing law subjects any motor vehicle exempted from the smog
check requirements that is 4 or less model-years old to a smog
abatement fee of $12 and authorizes the department to impose that fee
on motor vehicles that are 5 or 6 model-years old, if the department
expands the exemption from the smog check requirements to include
those motor vehicles.
Existing law allocates the revenue generated by $6 of that fee to
be deposited in the Air Pollution Control Fund. Existing law
requires the revenue generated by $2 of that fee to be deposited in
the High Polluter Repair or Removal Account in the Vehicle Inspection
and Repair Fund, and requires the remainder of the revenues
generated by the fee to be deposited in the Vehicle Inspection and
Repair Fund.
Existing law establishes the Carl Moyer Memorial Air Quality
Standards Attainment Program, which provides grants to offset the
incremental cost of projects that reduce oxides of nitrogen from
heavy-duty sources in the state, including off road and agricultural
sources.
This bill would instead repeal those smog abatement fee provisions
on January 1, 2005. The bill, until January 1, 2005, would reduce
the smog abatement fee to $6, and would require the revenues from $2
of the fee to be deposited in the High Polluter Repair or Removal
Account, with the remainder to be deposited in the Vehicle Inspection
and Repair Fund. The bill would, commencing January 1, 2005,
instead impose a smog abatement fee of $12. The bill would require
the revenues from $6 of the fee to be deposited in the Air Pollution
Control Fund, and would make those moneys available, upon
appropriation, to fund the Carl Moyer Air Quality Standards
Attainment Program, to the extent the state board or a participating
district determines the moneys are expended to mitigate or remediate
the harm caused by the type of motor vehicle on which the fee is
imposed. The bill would require, of the revenue generated by the
remaining $6 of the fee, the revenue from $2 to be deposited in the
High Polluter Repair or Removal Account, and the revenue from $4 to
be deposited in the Vehicle Inspection and Repair Fund.
(8) Existing law makes any violation of the smog check program a
misdemeanor.
This bill would impose a state-mandated local program by changing
the definition of a crime.
(9) Existing law establishes the Mono Lake Tufa State Reserve as a
unit of the state park system. Existing law provides that the
reserve consists of the state-owned portions of the Mono Lake bed
lying at or below the elevation of 6,417 feet above sea level.
Existing law requires the Department of Parks and Recreation to
manage the reserve, as specified.
This bill would specify that the reserve, and the department's
management of the reserve, includes all resources within the reserve'
s boundaries, including the waters of Mono Lake, except that the
department's management authority would not extend to certain
matters.
(10) Existing law establishes the Employment Development
Department Contingent Fund, which is continuously appropriated
without regard to fiscal year for refunds of amounts collected and
erroneously deposited, for interest payable under the state
unemployment and disability compensation program, and for
administration of the Employment Development Department in the Health
and Welfare Agency. Existing law prohibits any expenditure for
administration from the fund, except under an authorization made by
the Director of Finance, as specified.
This bill would repeal that prohibition.
(11) Existing law exempts a transfer of ownership of a motor
vehicle from the smog check requirements in certain circumstances,
including transfers within the initial 90-day validity period of a
smog certificate, between certain family members, or in certain
business circumstances, and if the motor vehicle is 30 or more
model-years old.
This bill would, commencing January 1, 2005, also exempt any
transfer of ownership of a motor vehicle that is 4 or less
model-years old. The bill would require the department to impose a
fee of $8 on the transferee of the vehicle and would require the
revenues generated by that fee be deposited in the Vehicle Inspection
and Repair Fund. The bill would also delete obsolete provisions in
existing law.
(12) Existing law authorizes, on a project-by-project basis, and
in accordance with designated plans, state participation in federal
flood control projects and specifies the degree of cooperation to be
assumed by the state and local agencies in connection with those
projects. Existing law establishes procedures for the assumption of
flood control maintenance and operation duties by the Department of
Water Resources in connection with the formation of a maintenance
area on behalf of a federal flood control project unit. Existing law
prescribes requirements relating to the imposition of assessments on
behalf of a maintenance area. Existing law requires the funds
generated by the imposition of the assessments to be deposited in the
Water Resources Revolving Fund and continuously appropriates those
funds to pay the operation and maintenance costs of maintenance
areas.
The bill would change requirements relating to the imposition of
assessments by, among other things, revising the definition of the
term "operation and maintenance costs" to include additional costs.
By including additional costs paid in maintenance areas from the
continuous appropriation of funds from the Water Resources Revolving
Fund, the bill would make an appropriation.
(13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(14) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1021.8 of the Code of Civil Procedure is
amended to read:
1021.8. (a) Whenever the Attorney General prevails in a civil
action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or
22963 of the Business and Professions Code, Section 52, 52.1, 55.1,
or 3494 of the Civil Code, the Corporate Securities Law of 1968
(Division 1 (commencing with Section 25000) of Title 4 of the
Corporations Code or the California Commodity Law of 1990 (Division
4.5 (commencing with Section 29500) of Title 4 of the Corporations
Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code,
Section 4458, 12606, 12607, 12598, 12989.3, 16147, 66640, 66641, or
66641.7 of the Government Code, Section 13009, 13009.1, 19958.5,
25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4,
43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code,
Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1,
4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public
Resources Code, Section 30101.7 of the Revenue and Taxation Code, or
Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304,
13331, 13350, or 13385 of the Water Code, the court shall award to
the Attorney General all costs of investigating and prosecuting the
action, including expert fees, reasonable attorney's fees, and costs.
Awards under this section shall be paid to the Public Rights Law
Enforcement Special Fund established by Section 12530 of the
Government Code.
(b) This section applies to any action pending on the effective
date of this section and to any actions filed thereafter.
(c) The amendments made to this section by the act adding this
subdivision shall apply to any action pending on the effective date
of these amendments and to any actions filed thereafter.
SEC. 2. Section 14030 of the Corporations Code is amended to read:
14030. There is hereby created in the State Treasury the
California Small Business Expansion Fund. All or a portion of the
funds in the expansion fund may be paid out, with the approval of the
Department of Finance, to a lending institution or financial company
that will act as trustee of the funds. The expansion fund and the
trust fund shall be used to pay for defaulted loan guarantees issued
pursuant to Article 9 (commencing with Section 14070), administrative
costs of corporations, and those costs necessary to protect a real
property interest in a defaulted loan or guarantee. The amount of
guarantee liability outstanding at any one time shall not exceed four
times the amount of funds on deposit in the expansion fund plus any
receivables due from funds loaned from the expansion fund to another
fund in state government as directed by the Department of Finance
pursuant to a statute enacted by the Legislature, including each of
the trust fund accounts within the trust fund, unless the director
has permitted a higher leverage ratio for an individual corporation
pursuant to subdivision (b) of Section 14037.
SEC. 3. Section 14070 of the Corporations Code is amended to read:
14070. (a) The corporate guarantee shall be backed by funds on
deposit in the corporation's trust fund account, or by receivables
due from funds loaned from the corporation's trust fund account to
another fund in state government as directed by the Department of
Finance pursuant to a statute enacted by the Legislature.
(b) Loan guarantees shall be secured by a reserve of at least 25
percent to be determined by the director, unless the director
authorizes a higher leverage ratio for an individual corporation
pursuant to subdivision (b) of Section 14037.
(c) The expansion fund and trust fund accounts shall be used
exclusively to guarantee obligations and pay the administrative costs
of the corporations. A corporation located in a rural area may
utilize the funds for direct lending to farmers as long as at least
90 percent of the corporate fund farm loans, calculated by dollar
amount, and all expansion fund farm loans are guaranteed by the
United States Department of Agriculture. The amount of funds
available for direct farm lending shall be determined by the
director. In its capacity as a direct lender, the corporation may
sell in the secondary market the guaranteed portion of each loan so
as to raise additional funds for direct lending. The agency shall
issue regulations governing these direct loans, including the maximum
amount of these loans.
(d) In furtherance of the purposes of this part, up to one-half of
the trust funds may be used to guarantee loans utilized to establish
a Business and Industrial Development Corporation (BIDCO) under
Division 15 (commencing with Section 33000) of the Financial Code.
(e) To execute the direct loan programs established in this
chapter, the director may loan trust funds to a corporation located
in a rural area for the express purpose of lending those funds to an
identified borrower. The loan authorized by the director to the
corporation shall be on terms similar to the loan between the
corporation and the borrower. The amount of the loan may be in
excess of the amount of a loan to any individual farm borrower, but
actual disbursements pursuant to the agency loan agreement shall be
required to be supported by a loan agreement between the farm
borrower and the corporation in an amount at least equal to the
requested disbursement. The loan between the agency and the
corporation shall be evidenced by a credit agreement. In the event
that any loan between the corporation and borrower is not guaranteed
by a governmental agency, the portion of the credit agreement
attributable to that loan shall be secured by assignment of any note,
executed in favor of the corporation by the borrower to the agency.
The terms and conditions of the credit agreement shall be similar to
the loan agreement between the corporation and the borrower, which
shall be collateralized by the note between the corporation and the
borrower. In the absence of fraud on the part of the corporation,
the liability of the corporation to repay the loan to the agency is
limited to the repayment received by the corporation from the
borrower except in a case where the United States Department of
Agriculture requires exposure by the corporation in rule or
regulation. The corporation may use trust funds for loan repayment
to the agency if the corporation has exhausted a loan loss reserve
created for this purpose. Interest and principal received by the
agency from the corporation shall be deposited into the same account
from which the funds were originally borrowed.
(f) Upon the approval of the director, a corporation shall be
authorized to borrow trust funds from the agency for the purpose of
relending those funds to small businesses. A corporation shall
demonstrate to the director that it has the capacity to administer a
direct loan program, and has procedures in place to limit the default
rate for loans to startup businesses. Not more than 25 percent of
any trust fund account shall be used for the direct lending
established pursuant to this subdivision. A loan to a corporation
shall not exceed the amount of funds likely to be lent to small
businesses within three months following the loan to the corporation.
The maximum loan amount to a small business is fifty thousand
dollars ($50,000). In the absence of fraud on the part of the
corporation, the repayment obligation pursuant to the loan to the
corporation shall be limited to the amount of funds received by the
corporation for the loan to the small business and any other funds
received from the agency that are not disbursed. The corporation
shall be authorized to charge a fee to the small business borrower,
in an amount determined by the director pursuant to regulation. The
program provided for in this subdivision shall be available in all
geographic areas of the state.
SEC. 4. Section 12016 is added to the Government Code, to read:
12016. (a) The Governor shall appoint, to serve at his or her
pleasure, an executive officer who shall be Director of Homeland
Security. The Director of Homeland Security shall be in charge of
homeland security and shall be the state coordinator of all homeland
security activities, including, but not limited to, homeland security
strategy, information analysis related to terrorism, and protection
of critical infrastructure from terrorism.
(b) The Governor shall also appoint one deputy director of
homeland security who shall serve at the pleasure of the director.
The salaries of the director and deputy director shall be fixed in
accordance with law.
SEC. 5. Section 12715 of the Government Code is amended to read:
12715. (a) The Controller, acting in consultation with the
California Gambling Control Commission, shall divide the County
Tribal Casino Account for each county that has gaming devices that
are subject to an obligation to make contributions to the Indian
Gaming Special Distribution Fund into a separate account for each
tribe that operates a casino within the county. These accounts shall
be known as Individual Tribal Casino Accounts, and funds may be
released from these accounts to make grants selected by an Indian
Gaming Local Community Benefit Committee pursuant to the method
established by this section to local jurisdictions impacted by tribal
casinos. Each Individual Tribal Casino Account shall be funded in
proportion to the amount that each individual tribe paid in the prior
fiscal year to the Indian Gaming Special Distribution Fund.
(b) (1) There is hereby created in each county in which Indian
gaming is conducted an Indian Gaming Local Community Benefit
Committee. The selection of all grants from each Individual Tribal
Casino Account or County Tribal Casino Account shall be made by each
county's Indian Gaming Local Community Benefit Committee. In
selecting grants, the Indian Gaming Local Community Benefit Committee
shall follow the priorities established in subdivision (g). This
committee has the following additional responsibilities:
(A) Establishing all application policies and procedures for
grants from the Individual Tribal Casino Account or County Tribal
Casino Account.
(B) Assessing the eligibility of applications for grants from
local jurisdictions impacted by tribal gaming operations.
(C) Determining the appropriate amount for reimbursement from the
aggregate county tribal account of the demonstrated costs incurred by
the county for administering the grant programs. The reimbursement
for county administrative costs may not exceed 2 percent of the
aggregate county tribal account in any given fiscal year.
(2) The Indian Gaming Local Community Benefit Committee shall be
composed of seven representatives, consisting of the following:
(A) Two representatives from the county, selected by the county
board of supervisors.
(B) Three elected representatives from cities located within four
miles of a tribal casino in the county, selected by the county board
of supervisors. In the event that there are no cities located within
four miles of a tribal casino in the county, other local
representatives may be selected upon mutual agreement by the county
board of supervisors and a majority of the tribes paying into the
Indian Gaming Special Distribution Fund in the county. When there
are no cities within four miles of a tribal casino in the county, and
when the Indian Gaming Local Community Benefit Committee acts on
behalf of a county where no tribes pay into the Indian Gaming Special
Distribution Fund, other local representatives may be selected upon
mutual agreement by the county board of supervisors and a majority of
the tribes operating casinos in the county.
(C) Two representatives selected upon the recommendation of a
majority of the tribes paying into the Indian Gaming Special
Distribution Fund in each county. When an Indian Gaming Local
Community Benefit Committee acts on behalf of a county where no
tribes pay into the Indian Gaming Special Distribution Fund, the two
representatives may be selected upon the recommendation of the tribes
operating casinos in the county.
(c) Sixty percent of each individual tribal casino account shall
be available for nexus grants on a yearly basis to cities and
counties impacted by tribes that are paying into the Indian Gaming
Special Distribution Fund, according to the four-part nexus test
described in paragraph (1). Grant awards shall be selected by each
county's Indian Gaming Local Community Benefit Committee and shall be
administered by the county. Grants may be awarded on a multiyear
basis, and these multiyear grants shall be accounted for in the grant
process for each year.
(1) A nexus test based on the geographical proximity of a local
government jurisdiction to an individual Indian land upon which a
tribal casino is located shall be used by each county's Indian Gaming
Local Community Benefit Committee to determine relative priority for
grants, using the following criteria:
(A) Whether the local government jurisdiction borders the Indian
lands on all sides.
(B) Whether the local government jurisdiction partially borders
Indian lands.
(C) Whether the local government jurisdiction maintains a highway,
road, or other thoroughfare that is the predominant access route to
a casino that is located within four miles.
(D) Whether all or a portion of the local government jurisdiction
is located within four miles of a casino.
(2) Fifty percent of the amount specified in subdivision (c) shall
be awarded in equal proportions to local government jurisdictions
that meet all four of the nexus test criteria in paragraph (1). If
no eligible local government jurisdiction satisfies this requirement,
the amount specified in this paragraph shall be made available for
nexus grants in equal proportions to local government jurisdictions
meeting the requirements of paragraph (3) or (4).
(3) Thirty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet three of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (4).
(4) Twenty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet two of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (3).
(d) Twenty percent of each individual tribal casino account shall
be available for discretionary grants to local jurisdictions impacted
by tribes that are paying into the Indian Gaming Special
Distribution Fund. These discretionary grants shall be made available
to all local jurisdictions in the county irrespective of any nexus
to impacts from any particular tribal casino, as described in
paragraph (1) of subdivision (c). Grant awards shall be selected by
each county's Indian Gaming Local Community Benefit Committee and
shall be administered by the county. Grants may be awarded on a
multiyear basis, and these multiyear grants shall be accounted for in
the grant process for each year.
(e) (1) Twenty percent of each individual tribal casino account
shall be available for discretionary grants to local jurisdictions
impacted by tribes that are not paying into the Indian Gaming Special
Distribution Fund. These grants shall be made available to local
jurisdictions in the county irrespective of any nexus to impacts from
any particular tribal casino, as described in paragraph (1) of
subdivision (c), and irrespective of whether the impacts presented
are from a tribal casino that is not paying into the Indian Gaming
Special Distribution Fund. Grant awards shall be selected by each
county's Indian Gaming Local Community Benefit Committee and shall be
administered by the county. Grants may be awarded on a multiyear
basis, and of these multiyear grants shall be accounted for in the
grant process for each year.
(A) Grants awarded pursuant to this subdivision are limited to
addressing service-oriented impacts and providing assistance with
one-time large capital projects related to Indian gaming impacts.
(B) Grants shall be subject to the sole sponsorship of the tribe
that pays into the Indian Gaming Special Distribution Fund and the
recommendations of the Indian Gaming Local Community Benefit
Committee for that county.
(2) If an eligible county does not have a tribal casino operated
by a tribe that does not pay into the Indian Gaming Special
Distribution Fund, the money available for discretionary grants under
this subdivision shall be available for distribution pursuant to
subdivision (d).
(f) (1) For each county that does not have gaming devices subject
to an obligation to make payments to the Indian Gaming Special
Distribution Fund, funds may be released from the county's County
Tribal Casino Account to make grants selected by the county's Indian
Gaming Local Community Benefit Committee pursuant to the method
established by this section to local jurisdictions impacted by tribal
casinos. These grants shall be made available to local
jurisdictions in the county irrespective of any nexus to any
particular tribal casino. These grants shall follow the priorities
specified in subdivision (g).
(2) Funds not allocated from a county tribal casino account by the
end of each fiscal year shall revert back to the Indian Gaming
Special Distribution Fund. Moneys allocated for the 2003-04 fiscal
year shall be eligible for expenditure through December 31, 2004.
(g) The following uses shall be the priorities for the receipt of
grant money from Individual Tribal Casino Accounts: law enforcement,
fire services, emergency medical services, environmental impacts,
water supplies, waste disposal, behavioral, health, planning and
adjacent land uses, public health, roads, recreation and youth
programs, and child care programs.
(h) All grants from Individual Tribal Casino Accounts shall be
made only upon the affirmative sponsorship of the tribe paying into
the Indian Gaming Special Distribution Fund from whose individual
tribal casino account the grant moneys are available for
distribution. Tribal sponsorship shall confirm that the grant
application has a reasonable relationship to a casino impact and
satisfies at least one of the priorities listed in subdivision (g).
A grant may not be made for any purpose that would support or fund,
directly or indirectly, any effort related to opposition or challenge
to Indian gaming in the state, and, to the extent any awarded grant
is utilized for any prohibited purpose by any local government, upon
notice given to the county by any tribe from whose Individual Tribal
Casino Account the awarded grant went toward that prohibited use, the
grant shall terminate immediately and any moneys not yet used shall
again be made available for qualified nexus grants.
(i) A local government jurisdiction that is a recipient of a grant
from an Individual County Tribal Casino Account or a County Tribal
Casino Account shall provide notice to the public, either through a
slogan, signage, or other mechanism, which states that the local
government project has received funding from the Indian Gaming
Special Distribution Fund and which further identifies the particular
Individual Tribal Casino Account from which the grant derives.
(j) (1) Each county's Indian Gaming Local Benefit Committee shall
submit to the Controller a list of approved projects for funding from
Individual Tribal Casino Accounts. Upon receipt of this list, the
Controller shall release the funds directly to the local government
entities for which a grant has been approved by the committee.
(2) Funds not allocated from an individual tribal casino account
by the end of each fiscal year shall revert back to the Indian Gaming
Special Distribution Fund. Moneys allocated for the 2003-04 fiscal
year shall be eligible for expenditure through December 31, 2004.
SEC. 6. Section 63048.63 is added to the Government Code, to read:
63048.63. (a) The Legislature hereby finds and declares:
(1) The financial and legal records of California Indian tribes
and tribal business enterprises are records of a sovereign nation and
are not subject to disclosure by private citizens or the state.
This is explicitly recognized in amendments to tribal-state gaming
compacts ratified by the Legislature, which provide for the
securitization of annual payments to be received from the tribes by
the state or by an agency, trust, fund, or entity specified by the
state.
(2) In order to review the records of any Indian tribe relative to
this securitization, the compacts require the execution of
nondisclosure agreements.
(3) State entities statutorily charged with participating in the
bond sale cannot perform those duties in the absence of that
agreement, and the Legislature hereby acknowledges and agrees that
documents containing tribal information are not public records, shall
not be discussed in an open meeting, and that state officials privy
to that information may execute nondisclosure agreements.
(b) Nothing in Chapter 3.5 of Division 7 of Title 1 (commencing
with Section 6250) or any other provision of law shall permit the
disclosure of any records of an Indian tribe received by the state,
or by an agency, trust fund, or entity specified by the state, in
connection with the sale of any portions of the designated
tribal-state gaming compact assets or the issuance of bonds, or any
summaries or analyses thereof. The transmission of the records, or
the information contained in those records in an alternative form, to
the state or the special purpose trust shall not constitute a waiver
of exemption from disclosure, and the records and information once
transmitted to the state or special purpose trust shall be subject to
this same exemption from disclosure.
(c) The state and the special purpose trust are authorized to
enter into nondisclosure agreements with Indian tribes agreeing not
to disclose the materials described in subdivision (b).
(d) The nondisclosure agreements may include provisions limiting
the representatives of the state and the special purpose trust
authorized to review or receive records of the Indian tribe to those
individuals directly working on the sale of portions of the
designated compact assets or the issuance of the bonds.
(e) Nothing in Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code
shall be construed to prevent the bank from conducting a closed
session to consider any records or information of an Indian tribe or
any summaries or analyses thereof received by the state in connection
with the sale of any portion of the compact assets or the issuance
of bonds.
SEC. 7. Section 44011 of the Health and Safety Code is amended to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for all of the following:
(1) Every motorcycle, and every diesel-powered vehicle, until the
department, pursuant to Section 44012, implements test procedures
applicable to motorcycles or to diesel-powered vehicles, or both.
(2) Any motor vehicle that has been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) (A) Prior to January 1, 2003, any motor vehicle manufactured
prior to the 1974 model-year.
(B) Beginning January 1, 2003, any motor vehicle that is 30 or
more model-years old.
(4) (A) Except as provided in subparagraph (B), any motor vehicle
four or less model-years old.
(B) Beginning January 1, 2005, any motor vehicle six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the Clean Air Act (42 U.S.C. Sec.
7401 et seq.) or the state's commitments with respect to the state
implementation plan required by the Clean Air Act.
(C) Any motor vehicle excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) Any motor vehicle that the department determines would present
prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
SEC. 8. Section 44091.1 of the Health and Safety Code is amended
to read:
44091.1. (a) The fee specified in paragraph (1) of subdivision
(d) of Section 44060 shall be six dollars ($6). The revenues from
that fee shall be allocated as follows:
(1) Except as provided for in paragraph (2), of the revenue
generated by two dollars ($2) of the fee shall be deposited in the
account created by Section 44091, while the revenue
generated by the remaining four dollars
($4) shall be deposited in the Vehicle Inspection and Repair Fund.
(2) All revenue generated by the fee described in this subdivision
that is imposed at first registration of a motor vehicle and that is
exempted under paragraph (4) of subdivision (a) of Section 44011
shall be deposited in the account created by Section 44091.
(b) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 9. Section 44091.1 is added to the Health and Safety Code, to
read:
44091.1. Commencing January 1, 2005, the fee specified in
paragraph (1) of subdivision (d) of Section 44060 shall be twelve
dollars ($12). The revenues from that fee shall be allocated as
follows:
(a) The revenues generated by six dollars ($6) of the fee shall be
deposited in the Air Pollution Control Fund, and shall be available
for expenditure, upon appropriation by the Legislature, to fund the
Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter
9 (commencing with Section 44275)) to the extent that the state
board or a participating district determines the moneys are expended
to mitigate or remediate the harm caused by the type of motor vehicle
on which the fee is imposed.
(b) (1) Except as provided for in paragraph (2), of the revenue
generated by the remaining six dollars ($6) of the fee, two dollars
($2) shall be deposited in the account created by Section 44091,
while the revenue generated by the remaining four dollars ($4) shall
be deposited in the Vehicle Inspection and Repair Fund.
(2) All revenue generated by the remaining six dollars ($6) of the
fee described in this subdivision that is imposed at first
registration of a motor vehicle that is exempted under paragraph (4)
of subdivision (a) of Section 44011 shall be deposited in the account
created by Section 44091.
(c) This section shall become operative on January 1, 2005.
SEC. 10. Section 5045 of the Public Resources Code is amended to
read:
5045. (a) The tufa and associated sand structures at Mono Lake
are a valuable geologic and scientific natural resource and are
unique in North America for their beauty, abundance, diversity, and
public accessibility. Their extreme fragility requires special
measures for their protection and preservation for the enjoyment and
education of the public.
(b) The Mono Lake Tufa State Reserve is hereby established as a
unit of the state park system and shall consist of the state-owned
portions of the Mono Lake bed lying at or below the elevation of
6,417 feet above sea level. As soon as practicable after January 1,
1982, the State Lands Commission shall issue a permit for occupancy
to the department pursuant to Section 6221.
(c) (1) The reserve shall include, and the department shall
manage, all resources within the reserve's boundaries, including, but
not limited to, the waters of Mono Lake.
(2) Notwithstanding the provisions of paragraph (1), nothing in
this subdivision grants the department authority over any of the
following:
(A) The instream flow requirements of the tributaries to Mono
Lake.
(B) The water surface elevation of Mono Lake.
(C) The water production, diversion, storage, and conveyance
activities of the City of Los Angeles.
(D) The determination of water quality standards for Mono Lake.
(d) As soon as practicable after January 1, 1982, the State Lands
Commission shall issue a permit for occupancy to the department
pursuant to Section 6221.
SEC. 11. Section 1587 of the Unemployment Insurance Code is
repealed.
SEC. 12. Section 4000.1 of the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon registration of a
motor vehicle previously registered outside this state which is
subject to those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) With respect to new vehicles certified pursuant to Chapter 2
(commencing with Section 43100) of Part 5 of Division 26 of the
Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
(4) The transfer is between companies whose principal business is
leasing vehicles, if there is no change in the lessee or operator of
the vehicle or between the lessor and the person who has been, for at
least one year, the lessee's operator of the vehicle.
(5) The transfer is between the lessor and lessee of the vehicle,
if there is no change in the lessee or operator of the vehicle.
(6) The motor vehicle is 30 or more model-years old.
(7) Beginning January 1, 2005, the transfer is for a motor vehicle
that is four or less model-years old. The department shall impose a
fee of eight dollars ($8) on the transferee of a motor vehicle that
is four or less model-years old. Revenues generated from the
imposition of that fee shall be deposited into the Vehicle Inspection
and Repair Fund.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the vehicle.
SEC. 13. Section 12878 of the Water Code is amended to read:
12878. Unless the context otherwise requires, the following
definitions apply throughout this chapter:
(a) "Department" means Department of Water Resources.
(b) "Director" means the Director of Water Resources.
(c) "Board" means the State Reclamation Board.
(d) Wherever the words "board or department" or "board or director"
are used together in this chapter they shall mean board as to any
project in the Sacramento or San Joaquin Valleys or on or near the
Sacramento River or the San Joaquin River or any of their
tributaries, and department or director as to any project in any
other part of the state outside of the jurisdiction of the board.
(e) "Project" means any project that has been authorized pursuant
to Chapter 2 (commencing with Section 12639) or Chapter 4 (commencing
with Section 12850) and concerning which assurances have been given
to the Secretary of the Army or the Secretary of Agriculture that the
state or a political subdivision thereof will operate and maintain
the project works in accordance with regulations prescribed by the
federal government or any project upon which assurances have been
given to the Secretary of the Army and upon which the Corps of
Engineers, United States Army, has performed work pursuant to Section
208 of Public Law 780, 83rd Congress, 2nd Session, approved
September 3, 1954.
(f) "Maintenance" means work described as maintenance by the
federal regulations issued by the Secretary of the Army or the
Secretary of Agriculture for any project.
(g) "Maintenance area" means described or delineated lands that
are found by the board or department to be benefited by the
maintenance and operation of a particular unit of a project.
(h) "Unit" means any portion of the works of a project designated
as a unit by the board or department, other than the works prescribed
in Section 8361, or works operated and maintained by the United
States.
(i) "Land" includes improvements.
(j) "Local agency" means and includes all districts or other
public agencies responsible for the operation of works of any project
under Section 8370, Chapter 2 (commencing with Section 12639) or
Chapter 4 (commencing with Section 12850) or any other law of this
state.
(k) "Cost of operation and maintenance" means, for the purposes of
maintenance areas established after July 31, 2004, as the result of
relinquishment by a local agency pursuant to Section 12878.1 only,
the cost of all maintenance, as defined in subdivision (f), and shall
also include, but is not limited to, all of the following costs:
(1) All costs incurred by the department or the board in the
formation of the maintenance area under this chapter.
(2) Any costs, if deemed appropriate by the department, to secure
insurance covering liability to others for damages arising from the
maintenance activities of the department or from flooding in the
maintenance area.
(3) Any costs of defending any action brought against the state,
the department, or the board, or any employees of these entities, for
damages arising from the maintenance activities of the department or
from flooding in the maintenance area.
(4) Any costs incurred in the payment of any judgment or
settlement of an action against the state, the department, or the
board, or any employees of these entities, for damages arising from
the formation of the maintenance area or from any maintenance
activities of the department or flooding in the maintenance area.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 15. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide for the health and safety of residents in the
state as soon as possible, it is necessary that this act take effect
immediately.