BILL NUMBER: SB 1102 CHAPTERED
BILL TEXT
CHAPTER 227
FILED WITH SECRETARY OF STATE AUGUST 16, 2004
APPROVED BY GOVERNOR AUGUST 16, 2004
PASSED THE SENATE JULY 29, 2004
PASSED THE ASSEMBLY JULY 28, 2004
AMENDED IN ASSEMBLY JULY 27, 2004
AMENDED IN ASSEMBLY JUNE 29, 2004
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 12, 2004
An act to amend Sections 352, 18800, 23095, and 25658.1 of the
Business and Professions Code, to add and repeal Section 3294.5 of
the Civil Code, to amend Sections 215, 405.20, 405.22, 1021.8, and
1502 of the Code of Civil Procedure, to amend Section 1502.5 of the
Corporations Code, to add Article 20.5 (commencing with Section
69999.6) to Chapter 2 of Part 42 of the Education Code, to amend
Sections 10404.5 and 10405.7 of the Elections Code, to add Section
221.1 to the Food and Agricultural Code, to amend Sections 905.2,
910.4, 910.8, 911, 11011, 11011.1, 11011.2, 11011.3, 11011.4,
11011.5, 11011.6, 11011.8, 11011.9, 11794, 12012.90, 12152, 12439,
12715, 13332.11, 13332.19, 13923, 14612.2, 14661, 15201, 16182,
16320, 16351, 16427, 23344, 27297.5, 29550, 30070, 63021.5, 65583,
69926.5, 69957, 71601, 71630, 71636, 71639.3, 71823, and 77202 of, to
amend and repeal Section 29550.4 of, to add Sections 14604, 65584.1,
65584.2, 68511.8, 69958, 71639.4, 71639.5, 71825.1, and 71825.2 to,
to add and repeal Sections 8690.6, 11011.10, and 12432 of, to repeal
Sections 11006 and 13332.04 of, and to repeal and add Sections
71639.1 and 71825 of, the Government Code, to amend Sections 50710.1
and 53533 of, and to add Section 13138 to, the Health and Safety
Code, to amend Section 2065 of the Labor Code, to amend Sections
4750, 4751, 4752, 4753, and 6005 of, and to add Sections 4751.5,
4753.5, and 5023.5 to, the Penal Code, to add Section 10108.8 to the
Public Contract Code, to amend Sections 25630 and 26020 of, and to
add Section 25226 to, the Public Resources Code, to add Section 884.5
to the Public Utilities Code, to amend Sections 63.1, 2514, 8352,
and 30462 of the Revenue and Taxation Code, to amend Section 1587 of
the Unemployment Insurance Code, to amend Section 21401 of, and to
repeal Section 42272, of the Vehicle Code, to amend Section 3 of
Chapter 899 of the Statutes of 1995, and to amend Section 30 of
Chapter 573 of the Statutes of 2003, relating to state government,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1102, Committee on Budget and Fiscal Review. General
government.
(1) Existing law prescribes certain duties of the Department of
Consumer Affairs relating to privacy protection.
This bill would authorize funding sources other than the General
Fund to be used for that activity.
(1.5) Existing law, the Boxing Act, provides for the regulation of
boxing, martial arts, and kickboxing contests by the State Athletic
Commission. Existing law requires every person who conducts a boxing
contest or wrestling exhibition to furnish to the commission a
report showing the number of tickets sold and gross receipts, and the
amount of broadcasting revenues earned for the contest or
exhibition, for the purpose of determining the fees to be paid to the
commission by that person. Existing law establishes a fee of 5% of
gate admission revenues plus 5% of broadcasting revenues to be paid
to the commission, except that until January 1, 2006, the maximum
gate fee for any one boxing contest may not exceed $100,000. The
fees are deposited into the General Fund.
This bill would require the fee revenues to be deposited in the
Athletic Commission Fund, which would be created by the bill, rather
than in the General Fund.
(2) The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, and the suspension
of alcoholic beverage licenses by the Department of Alcoholic
Beverage Control. Existing law authorizes an alcoholic beverage
licensee whose license has been suspended for 15 days or less for
selling or furnishing alcoholic beverages to a minor to petition the
Department of Alcoholic Beverage Control for permission to make an
offer in compromise, before the operative date of the suspension of
the alcoholic beverage license and to pay an amount in lieu of
serving the suspension.
This bill would generally prohibit a licensee from petitioning the
department for an offer in compromise in any case in which the
proposed suspension is for a period in excess of 15 days. The bill
would authorize an alcoholic beverage licensee to petition the
department for an offer in compromise for a 2nd violation of
provisions relating to selling or furnish alcoholic beverage to
minors that occurs within 36 months of the initial violation without
regard to the period of the suspension, and would establish the
amount of the offer in compromise for various violations, as
specified.
(3) Under existing law, a licensee may not petition the Department
of Alcoholic Beverage Control for an offer in compromise for a 2nd
or subsequent violation of provisions relating to selling alcoholic
beverages to a minor within 36-months of the initial violation.
This bill would instead prohibit a licensee from petitioning the
department for an offer in compromise for a 3rd or subsequent
violation of these provisions within 36 months of the initial
violation.
(3.5) Existing law provides that in an action for the breach of an
obligation not arising from contract, where it is proven by clear
and convincing evidence that the defendant has been guilty of
oppression, fraud, or malice, the plaintiff, in addition to the
actual damages, may recover damages for the sake of example and by
way of punishing the defendant.
This bill would provide, with respect to an action filed after the
effective date of the bill that results of a final judgment or
settlement that is rendered on or before June 30, 2006, and includes
punitive damages, that the punitive damages shall be apportioned
according to a specified formula. Pursuant to this formula, 25%
would be paid to the plaintiff or plaintiffs and 75% of the award
would be paid to the Director of the Department of Finance for
deposit into the Public Benefit Trust Fund, which would be created by
the bill. The fund would be administered by the Department of
Finance. Of the amounts deposited into the fund, 25% would be
continuously appropriated to pay the plaintiff's attorney, as
specified, and the remainder would be available for annual
appropriation in the Budget Act, to be used for purposes consistent
with the nature of the award, as specified.
The bill would specify the state and local income tax treatment of
punitive damages awards. The bill would further specify that the
state shall not be a party in interest to, or intervene in, the
underlying action, and that the sole right of the state shall be to
the proceeds payable to the Public Benefit Trust Fund. The bill
would also prohibit informing a jury that a portion of a punitive
damages award will be paid to a government fund or that a punitive
damages award would result in a windfall to the plaintiff.
(4) Existing law provides that when the Attorney General prevails
in a civil action to enforce specified public rights, the court shall
award the Attorney General all costs of investigating and
prosecuting the actions, including expert witness fees, reasonable
attorney's fees, and costs. Existing law provides that these moneys
be paid to the Public Rights Law Enforcement Special Fund,
administered by the Department of Justice.
This bill would add actions to enforce a variety of other civil
laws for which costs may be awarded pursuant to the provisions
described above. In these provisions, the bill would include actions
to enforce laws related to public nuisances, corporate securities,
air resources, forest practices, tobacco sales, and waste management,
among others and would be operative, as specified.
(5) The Unclaimed Property Law establishes uniform procedures for,
among other things, deposits or accounts that escheat to the state,
provides that property received by the state under its provisions
does not permanently escheat to the state, and exempts from its
provisions, among other things, any instrument issued in a foreign
country and any funds held only in a foreign country.
This bill would delete these 2 exemptions.
(6) Provisions of law that became inoperative on July 1, 2003, and
that were repealed on January 1, 2004, established the Governor's
Scholarship Programs under the administration of the Scholarshare
Investment Board. Existing law authorizes the board to continue to
administer the scholarship accounts established under the repealed
law.
This bill would express the intent of the Legislature to provide
explicit authority to the board to continue to administer accounts
for, and to make awards to, persons who qualified for awards under
the provisions of the Governor's Scholarship Programs as those
provisions existed on January 1, 2003, and to provide for the
management and disbursement of funds previously set aside for the
Governor's Scholarship Programs.
The bill would authorize the board to manage and disburse the
funds previously set aside for the Governor's Scholarshare Programs.
The bill would provide that a person who earned an award under these
programs, but who has not claimed the award on or before June 30,
2004, may claim the award prior to a specified deadline. The bill
would authorize the board to adopt rules and regulations for the
implementation of the bill.
The bill would require the board to transfer from the Golden State
Scholarshare Trust to the General Fund, not later than 30 days
following the enactment of the Budget Act of 2004, the lesser of (a)
$50,000,000 or (b) the balance in excess of $5,000,000 resulting from
unclaimed existing awards under these programs as of the close of
business on the business day preceding the date of transfer. The
bill would provide that the amount remaining in the Golden State
Scholarshare Trust following this transfer would be available as a
reserve for funding claims for these awards. The bill would specify
that, if the amount of the claims received by the board exceeds
$4,000,000, the board would be required to notify the Controller of
any shortfall in the reserve for the payment of claims and the
Controller would be required to transfer moneys from the General Fund
to the Golden State Scholarshare Trust in an amount equal to the
shortfall, thereby making an appropriation.
(7) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
Existing law requires a county board of supervisors, prior to
adopting a resolution to approve or deny requests to consolidate
specified local elections, to obtain from the county elections
official a report on the cost-effectiveness of the proposed
consolidation.
Existing law requires that specified documents related to a real
property claim be recorded with a county recorder.
Existing law requires a county recorder to notify debtors of the
recordation of involuntary liens affecting the title of real
property.
Existing law requires a county assessor to report quarterly to the
State Board of Equalization on specified property purchases or
transfers between family members that involve a claim for exclusion
from "change of ownership" assessment requirements.
Existing law requires that firefighters be provided with specified
personal alarm devices.
Existing law requires various local officials to file and record
specified documents as a part of a program that allows senior
citizens to defer payment of property taxes.
Existing law requires that any traffic signal controller that is
newly installed or upgraded by a local authority shall be of a
standard traffic signal communication protocol capable of 2-way
communications.
This bill would make these requirements optional, thereby
eliminating state-mandated local programs, but would state that the
Legislature, in recognition of the state and local interests served
by these programs, encourages local agencies and officials to
continue taking the actions formerly mandated by these provisions,
and states that nothing in this statement of encouragement may be
construed to impose any liability on a local agency that does not
continue to take a formerly mandated action.
(8) Existing statutory provisions require the Commission on State
Mandates to issue parameters and guidelines and the Controller to
issue claiming instructions that govern how local agencies and school
districts may seek reimbursement for state-mandated local programs.
This bill would require the commission to amend the appropriate
parameters and guidelines, and the Controller to revise the
appropriate reimbursement claiming instructions to be consistent with
the provisions of this bill.
(9) Existing law requires a corporation to file an annual
statement containing certain information with the Secretary of State
and to pay various filing fees, including a $5 disclosure fee, 1/2 of
which is deposited into the Victims of Corporate Fraud Compensation
Fund. The fund is administered by the Secretary of State and the
revenue in the fund is required to be used solely for providing
restitution to the victims of a corporate fraud.
This bill would continuously appropriate the money in the Victims
of Corporate Fraud Compensation Fund to the Secretary of State for
that purpose.
(10) Existing law establishes the Food and Agriculture Fund, a
continuously appropriated fund used for specified purposes relating
to enforcement of various provisions of law relating to various
agriculture programs. The fund is exempt from various other
provisions of law requiring the submissions of budgets and the
contents thereof by state agencies.
This bill would provide that notwithstanding those provisions, the
Department of Food and Agriculture would be required to establish
all permanent positions with the Controller's office pursuant to
standard state administrative practices, and to report to the chairs
of the fiscal committees of the Legislature, no later than January
10, 2005, on the positions established and funded, as specified. The
bill would make related changes.
(11) The Disaster Assistance Act authorizes the Director of
Emergency Services to allocate funds appropriated for the purposes of
the act from various accounts for the costs incurred by local and
state agencies. Among the costs that may be funded are local agency
personnel costs, excluding normal hourly wage costs of regularly
assigned emergency services and public safety personnel; costs to
repair, restore, reconstruct, or replace facilities belonging to
local agencies damaged as a result of a disaster; and indirect
administrative costs.
This bill would, until January 1, 2006, establish the Disaster
Response-Emergency Operations Account within the Special Fund for
Economic Uncertainties, and would continuously appropriate the moneys
in the account, subject to specified limitations, 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 of a state of emergency by the Governor.
(12) Existing statutory law requires each state agency to annually
review of all proprietary state lands over which it has
jurisdiction, with specified exceptions, to determine what, if any,
land is in excess of its foreseeable needs and report thereon in
writing to the Department of General Services. The department is
required to report to the Legislature annually, the land declared
excess and request authorization to dispose of the land by sale or
otherwise, subject to specified conditions. When the department
determines any of the land is needed by any other state agency it may
transfer the jurisdiction of this land to the other state agency
upon the terms and conditions as it may deem to be for the best
interests of the state. When authority is granted for the sale or
other disposition of lands declared excess, and the department has
determined that the use of the land is not needed by any other state
agency, the Department of General Services is required to sell or
otherwise dispose of the land, subject to specified conditions. The
department is authorized to sell the land to a public agency that has
given written notice to the department of its intent to purchase the
land within 60 days after receipt of notice from the department. If
the agreement is not executed within an additional 90 days, the
department is authorized to offer the land for sale in the normal
manner, except that this time limit may be extended under certain
conditions. In specified cases the department is authorized to
transfer the land to local public agencies for less than fair market
value. Proceeds of sales and rentals, and other revenues of real
property are required to be deposited in the General Fund.
Executive Order S-10-04, among other things, requires all state
agencies, departments, boards, and commissions to review the current
and anticipated programmatic need for the state-owned and leased
property that they occupy or have under their stewardship, and
identify and report any property surplus to their current or future
needs.
This bill would provide that these statutory provisions shall be
inoperative until July 1, 2005. The bill would instead, until July
1, 2005, require all state agencies, departments, boards, and
commissions, that have not already done so pursuant to Executive
Order S-10-04, to review the current and anticipated future
programmatic need for the state-owned and leased property that they
occupy or have under their stewardship, and identify and report any
property surplus to their current or future needs to the Department
of General Services. It would require the department to review the
properties identified pursuant to these reports to determine whether
those properties are surplus to the needs of the state, report the
surplus properties to the Legislature, and request authorization from
the Legislature to dispose of the properties by sale or otherwise,
subject to specified conditions. It would authorize the department
to sell or otherwise dispose of property as authorized by the
Legislature pursuant to these provisions or by previous legislative
action, which has been determined by the department not to be needed
by any state agency. It would require the property to be offered to
local governmental agencies who notify the department of their
interest in the surplus state property within 60 days of receiving
notice of the availability of the property, and would require the
sale of the property to a local agency to be completed, and title
transferred, within 90 days of the date the local governmental agency
was notified of the availability of the property. It would specify
that if the sale of a surplus state property to a local governmental
agency is not completed within the 90 day timeframe, the department
would be required to offer the property for sale to private entities
or individuals. It would require the transfers or sale of surplus
property to local governmental agencies or private entities or
individuals pursuant to this subdivision to be at fair market value,
and provide that except as otherwise required by the California
Constitution or federal law, the net proceeds of any property
disposition, or rental moneys or other revenues, would be deposited
in the General Fund as specified.
This bill would appropriate $2,800,000 from the Property
Acquisition Law Money Account to the department for the 2004-05
fiscal year, for activities associated with the disposal of surplus
state property pursuant to the bill.
(13) Existing law authorizes the Stephen P. Teale Data Center to
establish rates and collect payments from state agencies for
providing services to those agencies. The methodology for computing
costs and billing rates is subject to the approval of the Director of
Finance.
This bill would require the data center or its successor entity
to, commencing no later than August 1, 2005, and no later than August
1 annually thereafter, submit to the Department of Finance a
proposal that reconciles the current fiscal year rates and details
any adjustments proposed for budget fiscal year rates to be included
in the Governor's Budget.
(14) Existing law ratifies specified tribal-state gaming compacts
and establishes in the State Treasury the Indian Gaming Special
Distribution Fund for the receipt and deposit of gaming device
license fee moneys received from Indian tribes pursuant to the terms
of the tribal-state compacts. Existing law additionally creates in
the State Treasury the Indian Gaming Revenue Sharing Trust Fund for
the receipt and deposit of moneys derived from gaming device license
fees paid by compact tribes and authorizes moneys in the Indian
Gaming Special Distribution Fund to be used to make payment of
shortfalls that occur in the Indian Gaming Revenue Sharing Trust
Fund. Under existing law, the California Gambling Control
Commission, upon authorizing the final payment for each fiscal year
from the Indian Gaming Revenue Sharing Trust Fund, is required to
report the amount of the deficiency in payments to that fund to a
specified legislative committee.
This bill would instead require the California Gambling Control
Commission to provide to the committee an estimate of the amount
needed to backfill the Indian Gaming Revenue Sharing Trust Fund on or
before the date of the May budget revision for each fiscal year.
The bill would additionally prohibit an eligible recipient Indian
tribe from receiving an amount from the backfill in excess of
$275,000 per eligible quarter and would specify that surplus funds in
the Indian Gaming Revenue Sharing Trust Fund would revert back to
the Indian Gaming Special Distribution Fund after the authorization
of the final payment of the fiscal year.
(15) Existing law, operative until January 1, 2009, 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 creates an Indian Gaming Local Community
Benefit Committee in each county in which gaming is conducted, and
that committee is responsible for selecting grants projects, pursuant
to certain grant application policies and procedures, and
administered by the county.
Existing law sets forth the percentages of each Individual Tribal
Casino Account that are to be allocated to various types of grants,
with 20% of each Individual Tribal Casino Account available for
discretionary grants to local jurisdictions impacted by tribes that
are not paying into the Indian Gaming Special Distribution Fund.
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 provide that 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 moneys available for those
discretionary grants would instead be available for distribution to
local jurisdictions impacted by tribes paying into that fund, as
specified. The bill would also provide that moneys in County Tribal
Casino Accounts and Individual Tribal Casino Accounts allocated for
the 2003-04 fiscal year are eligible for expenditure through December
31, 2004. The bill would make related changes. By placing
additional duties on the counties, this bill would impose a
state-mandated local program.
(16) Existing law authorizes the Department of General Services to
charge fees for services to state agencies, subject to specified
conditions.
Existing law generally requires state agencies to submit to the
Department of Finance for approval, a budget setting forth all
proposed expenditures and estimated revenues for the ensuing fiscal
year.
This bill would require the Department of General Services,
commencing no later than August 1, 2005, and no later than August 1
annually thereafter, to submit to the Department of Finance a
proposal that reconciles the current fiscal year rates for service
fees charged by the Department of General Services to state agencies,
and details any adjustments proposed for budget fiscal year rates to
be included in the Governor's Budget.
(17) Existing law provides that 2 employees of the Secretary of
State's office shall be appointed by the Governor and are exempt from
state civil service.
This bill instead would require the Governor to appoint 4
employees of the Secretary of State's office, who may be nominated by
the Secretary of State, and who are exempt from state civil service.
(18) Existing law prescribes duties of the Controller in
connection with human resource and payroll systems.
This bill would authorize the Controller to assess certain funds,
as specified, in amounts sufficient to pay the costs of a human
resource project known as the 21st Century Project.
(19) Existing law establishes the California Victim Compensation
and Government Claims Board that provides, pursuant to specified
procedures, for compensation to claimants who are victims or
derivative victims, as defined, who sustain injury or death as a
direct result of a crime.
This bill would require a filing fee by claimants who do not
proceed in forma pauperis and authorize the board to assess a
surcharge not to exceed 15% of the total approved claim, as
specified, to support the expense of administering the government
claims program for all claims filed after June 30, 2004, or the
effective date of this bill. The bill would also require the costs
of the California employee's annual charitable campaign fund drive to
be created from the agency that receives the contributions and would
make other technical changes to these provisions.
(20) Existing law prohibits state agencies, including the
University of California, the California State University, and the
community colleges, from expending funds appropriated for capital
outlay until the Department of Finance and the State Public Works
Board have approved preliminary plans for the project to be financed
from the appropriation for capital outlay. Existing law specifies
that the requirement that preliminary plans be approved by the
department and the State Public Works Board, with the exception of
approvals for the community colleges, does not apply to the
acquisition of land or other real property and amounts needed for
equipment. Existing law requires the State Public Works Board to
defer all augmentations in excess of 20% of the amount appropriated
for each capital outlay or design-build project until the Legislature
makes additional funds available.
This bill would clarify that approvals by the State Public Works
Board and the Department of Finance for the University of California,
as well as for community colleges, apply only to the allocation of
state capital outlay funds appropriated by the Legislature, including
land acquisition and equipment funds. The bill would expressly
state that the State Public Works Board may augment a major project
in an amount of up to 20% of the total of the capital outlay
appropriations for the project and increase the financing authorized
under existing law to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The bill would authorize the State Public
Works Board to use this amount to augment the project, when and if
necessary, after the lease revenue bonds are sold, and upon
completion of the project any amount remaining in the construction
reserve funds would be used to offset rental payments.
(21) Existing law prohibits spending more than $2,000 of
appropriated funds for any single unit of equipment until the
Department of Finance has given prior approval for the purchase.
This bill, among other things, would require the Department of
Finance to approve the use of funds from a capital outlay
appropriation for the purchase of any significant unit of equipment.
(22) Existing law requires the Department of General Services to
perform various functions and duties with respect to state property.
Existing law authorizes the Department of General Services, when
authorized by the Legislature to use the design-build procurement
process for a specific project, to
contract and procure state office facilities, other
buildings, structures, and related facilities.
This bill would conform the statutory authority of the State
Public Works Board with regard to augmenting a design-build project
in an amount of up to 20% of the total of the capital outlay
appropriations for the project, including a reasonable construction
reserve within the construction fund for a design-build project, and
authorizing the use of this reserve, to the statutory authority of
the State Public Works Board with respect to capital outlay projects.
The bill would require that any augmentation in excess of 10% of
the amounts appropriated for each design-build project, in addition
to other capital outlay projects, be reported to the Chairperson of
the Joint Legislative Budget Committee or his or her designee within
a prescribed time period. This bill would revise the definitions of
terms used in these design-build project provisions.
(23) Existing law would repeal provisions authorizing state
contracting out of printing services on January 1, 2005.
This bill would extend those provisions indefinitely.
(24) Existing law authorizes the Department of Finance to
authorize the creation of deficiencies in any appropriation in the
case of actual necessity and if the department complies with certain
notification procedures to the Legislature. Existing law also
specifies a procedure for the approval of emergency expenditures, as
defined.
This bill would repeal those provisions and make conforming
changes.
(25) Existing law requires, on August 1 of each year, the Director
of Finance to report in writing to the Chairperson of the Joint
Legislative Budget Committee the balances of outstanding loans from
one state fund or account to any other state fund or account to
address specified budgetary shortfalls. Existing law requires, on
February 1 of each year, the director to provide an updated report to
the chairperson of the loan balances.
This bill would require the Director of Finance to provide a
report on General Fund obligations to the Chairperson of the Joint
Legislative Budget Committee and to the chairpersons of the fiscal
committees of the Assembly and the Senate, as specified.
(26) Existing law establishes the Litigation Deposit Fund in the
State Treasury, consisting of all money received as litigation
deposits where the state is a party to the litigation, subject to
specified conditions. The fund is under the control of the
Department of Justice, which is required to maintain accounting
records pertaining to the fund. Any residue remaining in a deposit
account after satisfaction of all court-directed claims for that
account is required to be transferred to the General Fund.
This bill would additionally require the department to prepare and
submit to the chairpersons of specified legislative committees
quarterly reports concerning the activity of the fund, to contain
specified information. It would require the department to notify the
Department of Finance no later than 15 days after a transfer from
the fund. It would also require that the residue remaining in a
deposit account after satisfaction of all court-directed claims, or
payment of departmental expenditures, be transferred to the General
Fund no later than July 1 of each fiscal year.
(27) Existing law authorizes a county to impose, among other fees
with respect to criminal justice services, a booking fee upon other
local agencies and colleges and universities for county costs
incurred in processing or booking persons arrested by employees of
those entities and brought to county facilities for booking and
detention. Existing law continuously appropriates up to $50,000,000
annually from the General Fund to the Controller commencing with the
1999-2000 fiscal year for allocation to cities and qualified special
districts for actual booking and processing costs paid to the
counties.
This bill would limit the booking fees that may be imposed in the
2004-05 and 2005-06 fiscal years, as specified, and repeal that
continuous appropriation for the 2005-06 and subsequent fiscal years.
(28) Under existing law, the California Infrastructure and
Economic Development Bank is established in the Business,
Transportation and Housing Agency. The board of directors of the
bank consists of the Director of Finance, the Treasurer, and the
Secretary of Business, Transportation and Housing, or their
designees.
This bill would include the Secretary of State and Consumer
Services and an appointee of the Governor on the board of directors
of the bank, and would require 3 members to constitute a quorum and
to take action.
(28.5) Existing law suspends an appropriation from the General
Fund, and allocation to county sheriff's departments, of funds for
enhanced law enforcement for the 2004-05 fiscal year.
This bill would delete that suspension, thereby making an
appropriation.
(29) Existing law prescribes requirements for matters to be
included in a city or county general plan housing element, including
an analysis of the locality's share of the required housing need, an
analysis of opportunities for residential energy conservation, and an
analysis of any special housing needs, such as those of the elderly,
persons with disabilities, large families, farmworkers, families
with female heads of households, and families and persons in need of
emergency shelter.
This bill would provide for that energy conservation analysis to
be at the option of local government. The bill would require the
Department of Housing and Community Development to adopt regulations
relative to the special housing needs analysis and would provide that
any actions taken by local government beyond those regulations are
optional. The bill would specify that a local government may, but is
not required to, conduct a review or appeal regarding the allocation
of data pertaining to its share of the regional housing need.
The bill would authorize a local government or council of
governments to charge a fee to cover costs related to the
distribution of regional housing needs.
The bill would require the Commission on State Mandates to review
specified decisions of the former State Board of Control to determine
whether the enactment of requirements relative to determining the
regional housing needs is a reimbursable state mandate.
(30) Existing law provides a procedure for the formation and
creation of new counties from portions of one or more existing
counties. As part of that procedure the Governor creates a county
formation review commission to review the proposed county creation.
The commission may borrow money to meet its expenses or may request
the Controller to make a loan of not to exceed $100,000 from the
County Formation Revolving Fund to be repaid within one year of the
date on which the issue of county formation was voted on by the
people. Existing law transfers money from the General Fund to that
revolving fund, as specified.
This bill would authorize a commission to request a loan of up to
$400,000 from the Controller upon appropriation from the General
Fund. The bill would eliminate the County Formation Revolving Fund
and would require loan repayments to be deposited in the General
Fund. The bill would provide that if loans are not repaid the
Controller may reduce moneys allocated to the county pursuant to
specified subventions provided for in existing law in an amount equal
to the amount of the loan that is owed to the state.
(31) Existing law authorizes a county to impose, among other fees
with respect to criminal justice services, a booking fee upon local
agencies and colleges and universities for county costs incurred in
processing or booking persons arrested by employees of those entities
and brought to county facilities for booking or detention with
specified exceptions. Existing law continuously appropriates up to
$50,000,000 annually from the General Fund to the Controller for
allocation to cities and qualifying special districts for
reimbursement for actual booking and processing costs paid to
counties.
This bill would repeal the provision providing for this continuous
appropriation.
(32) Existing law establishes a fee of $15 a day for each day's
attendance as a juror after the first day. The Department of
Personnel Administration, by regulation, provides regular
compensation to a state employee who serves as a juror, if that
employee remits his or her fee for jury duty to the state.
This bill would prohibit payment of that $15 fee to a juror who is
employed by a federal, state, or local government entity, as
specified, and who continues to receive regular compensation and
benefits while performing jury service.
(33) Existing law defines county costs for purposes of provisions
authorizing certain counties to apply to the Controller for the
reimbursement of excessive county costs incurred as a result of a
homicide trial, as specified.
This bill would specify that county costs, for those purposes, do
not include costs paid for by the superior court or for which the
superior court is responsible.
(34) Existing law requires the Judicial Council to adopt policies
and procedures governing budgeting in, and management of, the trial
courts, and specifies the duties of the Administrative Office of the
Courts in that regard.
On and after December 1, 2004, this bill would require the
Judicial Council and the Administrative Office of the Courts to
annually report to specified legislative budget committees with
regard to the implementation of the California Case Management System
and Court Accounting and Reporting System, as specified. Upon
implementation of those systems, the bill would require the
Administrative Office of the Courts to provide postimplementation
reports to those committees.
(35) Existing law establishes a $10 or $20 filing fee surcharge to
be added to the total filing fee in civil cases, as specified, that
are filed between January 1, 2004, and June 30, 2004, inclusive.
This bill would extend those filing fee surcharges until June 30,
2005, inclusive. However, the bill would make the filing fee
surcharge provisions inoperative on July 1, 2005, or upon the
enactment of a uniform filing fee, whichever is earlier.
(36) Existing law authorizes the use of electronic recording
devices in specified court proceedings under certain circumstances.
This bill would prohibit a court from expending funds for
electronic recording technology or equipment to make an unofficial
record of an action or proceeding or to use that technology or
equipment to make the official record of an action or proceeding in
circumstances that are not authorized, as specified. The bill would
also require each superior court to report to the Judicial Council on
or before October 1, 2004, and semiannually thereafter, and the
Judicial Council to report to the Legislature on or before December
1, 2004, and semiannually thereafter, regarding all purchases and
leases of electronic recording equipment that will be used to record
superior court proceedings.
(37) The Trial Court Employment Protection and Governance Act and
the Trial Court Interpreter Employment and Labor Relations Act
prescribe rights and procedures with respect to relations between
trial courts and their employees. Specifically, existing law
authorizes a trial court and the regional court interpreter
employment relations committee to adopt reasonable rules and
regulations for the administration of employer-employee relations
under the respective acts. Existing law also authorizes trial
courts, trial court employees, and employee organizations, as
defined, to petition the superior court, pursuant to procedures and
rules adopted by each trial court and the Judicial Council or by the
committee, if there has been a violation of the respective acts or to
enforce written agreements between the parties.
This bill would provide that any violation of the acts or of any
of the rules or regulations shall be processed as an unfair practice
charge by the Public Employment Relations Board, as specified. The
bill would authorize a party aggrieved by a decision of the board to
petition the district court of appeal for relief and prescribe other
procedures applicable to the enforcement of the board's decisions or
orders.
The bill would also provide that any agreement between the parties
that contains an arbitration provision shall be enforced under
provisions of existing law relating to enforcement of arbitration
agreements and would require the Judicial Council to adopt rules of
court to, among other things, provide for the establishment of a
panel of court of appeal justices to hear those matters. The bill
would make related technical changes and legislative findings and
declarations.
(38) Existing law requires the Legislature to make an annual
appropriation to the Judicial Council for the general operations of
the trial courts based on the request of the Judicial Council.
This bill would provide that the Judicial Council's annual budget
request shall be submitted to the Governor and the Legislature, and
that it shall meet specified criteria, include a base funding
adjustment for operating costs, as specified, and separately identify
and justify other costs and adjustments, as specified.
(39) Existing law authorizes cities and counties to be reimbursed
for specified costs incurred by them in connection with court
proceedings involving a prisoner of a state prison or a person
confined to a Department of the Youth Authority correctional
institution.
This bill would authorize superior courts to be reimbursed by the
Administrative Office of the Courts for specified costs incurred by
the courts in connection with those proceedings.
(40) Existing law names various state buildings in honor of former
public officials, as specified.
This bill would name a state building in the City of Fresno for
the California Court of Appeal, Fifth Appellate District, as the
"George N. Zenovich Court of Appeal Building."
(41) Existing law prescribes duties of the State Fire Marshal
relating to fire protection.
This bill would authorize the State Fire Marshal to charge state
agencies for the cost of fire and life safety building inspections,
and require the Controller to transfer those moneys to the
appropriation for support of the office of the State Fire Marshal.
(42) Existing law allocates $4,100,000 of bond proceeds under the
Housing and Emergency Shelter Trust Fund Act of 2002 to the
Department of Housing and Community Development for migrant worker
projects.
This bill would increase that allocation to $5,500,000.
(43) Existing law authorizes the Department of Housing and
Community Development to increase rents for a migrant farm labor
center assisted by the Office of Migrant Services above those charged
at other such centers under specified circumstances.
This bill would prohibit a rent increase above 30% of the average
annualized household incomes of residents of any such facility
without legislative authorization.
(44) Existing law, until January 1, 2007, regulates the industry
of car washing and polishing by providing specific recordkeeping
requirements that employers of car washers must implement with regard
to car washer wages, hours, and working conditions. Existing law
also requires employers of car washers to register with the Labor
Commissioner and pay a registration fee. Employers that fail to
register are subject to a civil fine. These fines and registration
fees are deposited in the Car Wash Worker Restitution Fund and the
Car Wash Worker Fund for disbursement by the commissioner, upon
appropriation by the Legislature.
This bill would clarify where these fines and registration fees
are to be deposited.
(45) Under existing law, the Department of Corrections and the
Department of the Youth Authority are generally required to provide
health care to inmates and wards under their care.
This bill would allow these departments to contract with providers
of emergency health care services. It would require hospitals that
do not contract with the departments to provide these services on the
same basis as they are required to provide them pursuant to
specified provisions of federal law. The bill would require a
provider of ambulance or any other emergency or nonemergency response
service that does not contract with the departments to be reimbursed
at the rate established by Medicare. The bill would prohibit the
departments from reimbursing a hospital or provider of emergency or
nonemergency response services that the departments have not
contracted with at a rate that exceeds the hospital's reasonable and
allowable costs, as defined.
(47) The State Contract Act governs contracting between state
agencies and private contractors, and sets forth requirements for the
procurement of materials, supplies, equipment, and services by state
agencies. Existing law sets out the various responsibilities of
state agencies in overseeing and implementing state contracting
procedures and policies. Existing law also requires the Department
of Corrections to require, among the general conditions under which
bids will be received, that any person making a bid or offer to
perform a contract include specified information in his or her bid or
offer.
This bill would require the Department of Corrections, where
feasible, to enter into 2 or more procurement contracts for the
purchase and development of the Business Information System (BIS)
Project. The bill would require that the BIS project be developed to
allow integration with other relevant statewide financial and
personnel systems.
(48) The existing California Alternative Energy and Advanced
Transportation Financing Authority Act authorizes the California
Alternative Energy and Advanced Transportation Financing Authority,
among other things, to lend financial assistance to a participating
party, as defined, for a project, as defined. The act authorizes the
authority to incur indebtedness in an amount that does not exceed
$350,000,000 of total debt.
This bill would increase the maximum amount of authorized
indebtedness to $1,000,000,000 of total debt outstanding, and define
"total debt outstanding."
(49) The Rosenthal-Naylor Act of 1984, establishes the Energy
Technologies Research, Development, and Demonstration Account
(account) that is administered by the State Energy Resources
Conservation and Development Commission (commission) to provide loans
to specified entities for purposes generally relating to energy
research, conservation, and development. Existing law repeals this
act on January 1, 2005. Existing law also provides for the repeal of
the Energy Research, Development, Demonstration, and
Commercialization Act of 1993, on January 1, 2005, which provides
specified procedures for the commission to enter into certain royalty
agreements.
Existing law requires the commission to establish a small business
energy assistance low-interest revolving loan program to fund the
purchase of equipment for alternative technology energy projects for
California's small businesses. Existing law requires the loan
repayments, specified interest, and royalties to be deposited in the
account.
Existing law requires all funds from loan repayments and interest
that become due for loans made by the commission pursuant to an
agriculture energy assistance program be deposited in the account.
This bill would continue in existence, in the General Fund, for
specified purposes, the Energy Technologies Research, Development,
and Demonstration Account.
The bill would also require the interest rate for small business
energy assistance loans to be based on surveys of existing financial
markets and at rates not lower than the Pooled Money Investment
Account, and would delete references to the use of royalty agreements
for these loans.
(50) Existing law establishes the California Teleconnect Fund
Administrative Committee to advise the Public Utilities Commission
regarding the development, implementation, and administration of a
program to advance universal service by providing discounted rates to
qualifying schools, libraries, hospitals, health clinics, and
community organizations, consistent with an uncodified statute
requiring the commission to open and conclude a proceeding relative
to the implementation of universal service in telecommunications.
Existing law establishes the California Teleconnect Fund
Administrative Committee Fund in the State Treasury and provides that
moneys in the fund, collected by telephone corporations in utility
rates authorized by the commission and deposited into the fund, may
only be expended for the purposes authorized, upon appropriation in
the annual Budget Act. Existing law requires the commission to
develop, implement, and administer a program to advance universal
service by providing discounted rates to qualifying schools,
libraries, hospitals, health clinics, and community organizations.
Existing law declares the policies for telecommunications for
California, including the policy to assist in bridging the "digital
divide" by encouraging expanded access to state-of-the-art
technologies for rural, inner-city, low-income, and disabled
Californians.
This bill would require, for all customers eligible to receive
discounts for telecommunications services under the federal Universal
Service E-rate program (E-rate discounts) that also apply for
discounts on telecommunications service provided through the
California Teleconnect Fund program (teleconnect discounts), that the
teleconnect discount be applied after applying the E-rate discount.
The bill would require the commission to require, as a condition of
participation in the California Teleconnect Fund program, that
customers eligible for the E-rate discount provide the commission
with information necessary for the commission to determine the
percentage of the E-rate discount to which the customer would be
entitled. The bill would require that the commission, in
establishing discounts under the California Teleconnect Fund program,
give priority to bridging the digital divide by encouraging expanded
access to state-of-the-art technologies for rural, inner-city,
low-income, and disabled Californians.
(51) Existing law requires the Department of Insurance to
establish a program for residential grants and loans to help pay for
the retrofitting of high-risk residential dwellings owned or occupied
by low- and moderate-income households, in order to minimize the
risk of earthquake damage to those dwellings and thereby reduce the
costs of residential earthquake insurance. Existing law appropriates
a specified amount from the California Residential Earthquake
Recovery Fund to the department for the purposes of this program.
Existing law limits the department to using no more than $290,000 per
fiscal year to administer the program. Under existing law, the
funds are available until July 1, 2007, at which time the program
ceases to be operative.
This bill would eliminate the provisions of law establishing this
program. It would provide that money appropriated for this program
shall be available for expenditure until June 30, 2004, and that on
and after that date, the program shall no longer be operative.
These provisions would become operative on July 1, 2004, or the
date of enactment of the bill, whichever is later.
(52) The Economic Recovery Bond Act approved by the voters at the
March 2, 2004, statewide primary election, authorizes the issuance of
bonds the proceeds of which would be deposited into the Economic
Recovery Fund and transferred, subject to certain criteria, to the
General Fund to fund the accumulated state budget deficit, as
defined.
Existing law authorizes the loan of funds from other funds,
including the Special Fund for Economic Uncertainties in the General
Fund, to the General Fund for the payment of General Fund deficits,
according to specified criteria.
This bill would establish the Deficit Recovery Fund in the State
Treasury. The bill would appropriate certain proceeds of the bonds
issued pursuant to the Economic Recovery Bond Act that are deposited
in the General Fund, from the General Fund for transfer by the
Controller for the 2003-04 fiscal year to the Deficit Recovery Fund,
upon approval by the Director of Finance. It would require the
Director of Finance to use the moneys transferred to the Deficit
Recovery Fund to reimburse General Fund expenditures for the 2003-04
and 2004-05 fiscal years, and would specify that moneys in the fund
may be borrowed for General Fund cashflow purposes as authorized by
existing law.
(53) This bill would make various technical, nonsubstantive
changes.
(54) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(55) 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 352 of the Business and Professions Code is
amended to read:
352. (a) Subject to subdivision (b), the department shall
commence activities under this article no later than January 1, 2002.
(b) The provisions of this article shall only be operative for
those years in which there is an appropriation from the General Fund
in the Budget Act to fund the activities required by this article.
(c) Funding sources other than the General Fund may be used to
support this activity.
SEC. 3. Section 18800 of the Business and Professions Code is
amended to read:
18800. As of July 1, 2004, all moneys received by the commission
under this chapter shall be accounted for and reported by detailed
statements furnished by the commission to the Controller at least
once a month. At the same time, these moneys, other than those that
have been received by the commission pursuant to Section 18882, shall
be remitted to the Treasurer and shall be deposited in the Athletic
Commission Fund, which is hereby created.
SEC. 7. Section 23095 of the Business and Professions Code is
amended to read:
23095. (a) Whenever a decision of the department suspending a
license becomes final, whether by failure of the licensee to appeal
the decision or by exhaustion of all appeals and judicial review, the
licensee may, before the operative date of the suspension, petition
the department for permission to make an offer in compromise, to be
paid into the Alcohol Beverage Control Fund, consisting of a sum of
money in lieu of serving the suspension.
(b) No licensee may petition the department for an offer in
compromise in any case in which the proposed suspension is for a
period in excess of 15 days.
(c) Upon the receipt of the petition, the department may stay the
proposed suspension and cause any investigation to be made which it
deems desirable and may grant the petition if it is satisfied that
the following conditions are met:
(1) The public welfare and morals would not be impaired by
permitting the licensee to operate during the period set for
suspension and the payment of the sum of money will achieve the
desired disciplinary purposes.
(2) The books and records of the licensee are kept in such a
manner that the loss of sales of alcoholic beverages that the
licensee would have suffered had the suspension gone into effect can
be determined with reasonable accuracy therefrom.
(d) The offer in compromise for retail licensees shall be the
equivalent of 50 percent of the estimated gross sales of alcoholic
beverages for each day of a proposed suspension, subject to the
following limits:
(1) The offer in compromise may not be less than seven hundred
fifty dollars ($750) nor more than three thousand dollars ($3,000).
(2) If the petitioning retailer has had any other accusation filed
against him or her by the department during the three years prior to
the date of the petition that has resulted in a final decision to
suspend or revoke the retail license concerned, the offer in
compromise may be not less than one thousand five hundred dollars
($1,500) nor more than six thousand dollars ($6,000).
(e) Notwithstanding subdivision (b), a licensee may petition the
department for an offer in compromise for a second violation of
Section 25658 that occurs within 36 months of the initial violation
without regard to the period of suspension. In these cases, the
offer in compromise shall be the equivalent of 50 percent of the
estimated gross sales of alcoholic beverages for each day of the
proposed suspension, and the offer in compromise may be not less than
two thousand five hundred dollars ($2,500) nor more than twenty
thousand dollars ($20,000).
(f) (1) The offer in compromise for nonretail licensees shall be
the equivalent of 50 percent of the estimated gross sales of
alcoholic beverages for each day of the proposed suspension, and the
offer in compromise may not be less than seven hundred fifty dollars
($750) and may not exceed ten thousand dollars ($10,000) unless the
nonretail licensee has violated Section 25500, 25502, 25503, or 25600
by giving to any licensee illegal inducements, secret rebates, or
free goods amounting to more than ten thousand dollars ($10,000) in
value, in which case the offer in compromise shall be equal to the
value of the illegal inducements, secret rebates, or free goods
given.
(2) Notwithstanding paragraph (1), any nonretail licensee who pays
an offer in compromise based upon a violation in the exercise of any
retail privileges of that license shall have the offer in compromise
computed on estimated retail gross sales only pursuant to
subdivision (d).
(3) All moneys collected as a result of penalties imposed under
this subdivision shall be deposited directly in the General Fund in
the State Treasury, rather than the Alcohol Beverage Control Fund as
provided for in Section 25761.
SEC. 8. Section 25658.1 of the Business and Professions Code is
amended to read:
25658.1. (a) Notwithstanding any other provision of this
division, no licensee may petition the department for an offer in
compromise pursuant to Section 23095 for a third or any subsequent
violation of Section 25658 that occurs within 36 months of the
initial violation.
(b) Notwithstanding Section 24200, the department may revoke a
license for a third violation of Section 25658 that occurs within any
36-month period. This provision shall not be construed to limit the
department's authority and discretion to revoke a license prior to a
third violation when the circumstances warrant that penalty.
(c) For purposes of this section, no violation may be considered
for purposes of determination of the penalty until it has become
final.
SEC. 8.5. Section 3294.5 is added to the Civil Code, to read:
3294.5. (a) The Legislature finds and declares that extraordinary
and dire budgetary needs have forced the enactment of this
extraordinary measure to allocate temporarily for the state's Public
Benefit Trust Fund a substantial portion of any punitive damages paid
from a judgment during the limited time period specified in the
statute. The Legislature further finds and declares that this
uniquely extraordinary legislative action shall not be construed or
interpreted in any way to establish any policy, precedent,
presumption, or inference in any case or in any other setting,
including future legislatures, regarding the award of punitive
damages, its allocation, or the payment of attorney's fees arising in
connection therewith.
(b) Punitive damages awarded pursuant to a final judgment shall be
paid, as follows:
(1) Seventy-five percent shall be paid to the Public Benefit Trust
Fund, which is hereby created in the State Treasury, to be
administered by the Department of Finance. Amounts deposited into
the Public Benefit Trust Fund shall be available for annual
appropriation in the Budget Act and shall be used for purposes
consisted with the nature of the award, but in no case shall be used
to fund the courts or judicial programs. Amounts deposited in the
Public Benefit Trust Fund shall also be available for the purposes
specified in subdivision (d).
(2) Twenty-five percent to the plaintiff or plaintiffs.
(c) Upon a final judgment that includes punitive damages, after
payment of costs if any, to the plaintiff, the judgment debtor shall
do all of the following:
(1) Pay the Public Benefit Trust Fund's proportional share of the
punitive damages to the Director of the Department of Finance for
deposit in the Public Benefit Trust Fund.
(2) Pay to the plaintiff's attorney, the plaintiff's proportional
share of punitive damages.
(3) Notify the plaintiff's attorney of the amount of punitive
damages paid to the Public Benefit Trust Fund.
(d) Upon deposit in the Public Benefit Trust Fund of proceeds from
a final judgment punitive damages award, the plaintiff's attorney in
the action giving rise to those proceeds shall be entitled to 25
percent of the proceeds received by the fund from the punitive
damages award in that action. Notwithstanding Section 13340 of the
Government Code, the plaintiff's attorney's share of the proceeds
shall be continuously appropriated to pay those attorney's fees,
provided that any claim for payment by the plaintiff's attorney shall
be paid by the fund on July 1 of the next fiscal year.
(e) The state shall not be a party in interest to, and shall not
intervene in, any action in which its sole interest is the potential
recovery of a portion of a punitive damages award under this section.
The state shall not file any amicus curiae brief regarding the
propriety of, or the amount of, any punitive damages award in any
action in which its sole interest is the potential recovery of a
portion of a punitive damages award under this section. The state's
sole right to the proceeds of a punitive damages award is as provided
in this section.
(f) Notwithstanding any other provision of law, any attorney's
fees paid to an attorney from the plaintiff's share of the award
shall be deemed to be the income of the attorney and not income to
the plaintiff for state and local taxation purposes.
(g) A jury shall not be informed that any portion of a punitive
damages award will be paid to a government fund, and no argument or
inference shall be made to a jury that a punitive damages award would
result in a windfall to the plaintiff or plaintiffs. However,
nothing in this section shall be construed to affect a punitive
damages award if a juror or jurors had independent knowledge that a
portion of a punitive damages award will be paid to a government
fund.
(h) This section shall only apply to actions filed after the
effective date of this section and finally adjudicated, including the
resolution of all mandatory or discretionary appeals, the resolution
of any motion for attorney's fees on appeal and any appeals
therefrom, and the issue of final remittitur, prior to the date this
section ceases to be operative.
(i) This section shall remain in effect until July 1, 2006, and as
of that date is repealed, unless a later enacted statute extends or
deletes that date.
SEC. 9. Section 215 of the Code of Civil Procedure is amended to
read:
215. (a) Except as provided in subdivision (b), on and after July
1, 2000, the fee for jurors in the superior court, in civil and
criminal cases, is fifteen dollars ($15) a day for each day's
attendance as a juror after the first day.
(b) A juror who is employed by a federal, state, or local
government entity, or by any other public entity as defined in
Section 481.200, and who receives regular compensation and benefits
while performing jury service, may not be paid the fee described in
subdivision (a).
(c) All jurors in the superior court, in civil and criminal cases,
shall be reimbursed for mileage at the rate of thirty-four cents
($0.34) per mile for each mile actually traveled in attending court
as a juror after the first day, in going only.
SEC. 10. Section 405.20 of the Code of Civil Procedure is amended
to read:
405.20. A party to an action who asserts a real property claim
may record a notice of pendency of action in which that real property
claim is alleged. The notice may be recorded in the office of the
recorder of each county in which all or part of the real property is
situated. The notice shall contain the names of all parties to the
action and a description of the property affected by the action.
SEC. 11. Section 405.22 of the Code of Civil Procedure is amended
to read:
405.22. Except in actions subject to Section 405.6, the claimant
shall, prior to recordation of the notice, cause a copy of the notice
to be mailed, by registered or certified mail, return receipt
requested, to all known addresses of the parties to whom the real
property claim is adverse and to all owners of record of the real
property affected by the real property claim as shown by the latest
county assessment roll. If there is no known address for service on
an adverse party or owner, then as to that party or owner a
declaration under penalty of perjury to that effect may be recorded
instead of the proof of service required above, and the service on
that party or owner shall not be required. Immediately following
recordation, a copy of the notice shall also be filed with the court
in which the action is pending. Service shall also be made
immediately and in the same manner upon each adverse party later
joined in the action.
SEC. 12. 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, or 30822 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,
13385, 42847, or 48023 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. 13. Section 1502 of the Code of Civil Procedure is amended to
read:
1502. (a) This chapter does not apply to either of the following:
(1) Any property in the official custody of a municipal utility
district.
(2) Any property in the official custody of a local agency if such
property may be transferred to the general fund of such agency under
the provisions of Sections 50050-50053 of the Government Code.
(b) None of the provisions of this chapter applies to any type of
property received by the state under the provisions of Chapter 1
(commencing with Section 1300) to Chapter 6 (commencing with Section
1440), inclusive, of this title.
SEC. 14. Section 1502.5 of the Corporations Code is amended to
read:
1502.5. The Victims of Corporate Fraud Compensation Fund is
hereby established in the State Treasury. The fund shall be
administered by the Secretary of State who shall adopt regulations
regarding the administration of the fund and the eligibility of
victims to receive compensation from the fund. The money in the fund
shall be used for the sole purpose of providing restitution to the
victims of a corporate fraud. Notwithstanding Section 13340 of the
Government Code, the money in the fund is continuously appropriated
to the Secretary of State for the purposes authorized by this
section.
SEC. 15. Article 20.5 (commencing with Section 69999.6) is added
to Chapter 2 of Part 42 of the Education Code, to read:
Article 20.5. Management and Disbursement of Funds Previously
Set Aside for Repealed Governor's Scholarship Programs
69999.6. (a) In enacting this article, it is the intent of the
Legislature to accomplish both of the following:
(1) Provide explicit authority to the board to continue to
administer accounts for, and make awards to, persons who qualified
for awards under the provisions of the Governor's Scholarship
Programs as those provisions existed on January 1, 2003, prior to the
repeal of former Article 20 (commencing with Section 69995).
(2) Provide for the management and disbursement of funds
previously set aside for the scholarship programs authorized by
former Article 20 (commencing with Section 69995).
(b) The board may manage and disburse the funds previously set
aside for the scholarship programs authorized by former Article 20
(commencing with Section 69995).
(c) If a person has earned an award under the Governor's
Scholarship Programs on or before January 1, 2003, but has not
claimed the award on or before June 30, 2004, he or she still may
claim the award by a date that is five years from the first June 30
that fell after he or she took the qualifying test. An award shall
not be made by the Scholarshare Investment Board after that date.
(d) The board may adopt rules and regulations for the
implementation of this article.
69999.7. (a) Notwithstanding any other provision of law, not
later than 30 days after enactment of the Budget Act of 2004, the
Scholarshare Investment Board shall transfer from the Golden State
Scholarshare Trust to the General Fund the lesser of (1) fifty
million dollars ($50,000,000) or (2) the balance resulting from
unclaimed awards in the Golden State Scholarshare Trust that exceeds
five million dollars ($5,000,000) as of the close of business on the
business day preceding the transfer.
(b) The amount remaining in the Golden State Scholarshare Trust
after the transfer required by subdivision (a) shall be available as
a reserve for funding claims for these awards. If claims for these
awards exceed four million dollars ($4,000,000) of the reserve
established by this act in the Golden State Scholarshare Trust, the
Scholarshare Investment Board shall notify the Controller of the
amount of any shortfall of funds for the payment of claims, and the
Controller shall transfer an amount of money equal to the shortfall
from the General Fund to the Golden State Scholarshare Trust.
69999.8. As used in this article:
(a) "Board" means the Scholarshare Investment Board established
pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of
Section 69984.
(b) "Former Article 20" means former Article 20 (commencing with
Section 69995) of Chapter 2 of Part 42 of the Education Code, as it
read on January 1, 2003.
SEC. 16. Section 10404.5 of the Elections Code is amended to read:
10404.5. (a) A resolution of the governing board of a school
district or county board of education to establish an election day
pursuant to subdivision (b) of Section 1302 shall be adopted and
submitted to the board of supervisors not later than 240 days prior
to the date of the currently scheduled election of the district or
for the members of the county board of education.
(b) The final date for the submission of the resolution by the
governing board of a school district or county board of education to
the board of supervisors is not subject to waiver.
(c) The board of supervisors shall notify all school districts and
the county board of education located in the county of the receipt
of the resolution to consolidate and shall request input from each
district on the effect of consolidation.
(d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
(2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the school
district or if applicable, the county board of education.
(f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000 of the Education Code or pursuant to Section 1007 of
the Education Code, as appropriate. As used in this subdivision, "12
months" means the period from the election day prescribed in Section
5000 of the Education Code or pursuant to Section 1007 of the
Education Code, as appropriate, to the first Tuesday after the first
Monday in the 12th month subsequent to that day, inclusive.
(g) In the event that the election day for a school district
governing board or county board of education is established pursuant
to subdivision (b) of Section 1302, the term of office of all then
incumbent members of that governing board or county board of
education shall be extended accordingly.
SEC. 17. Section 10405.7 of the Elections Code is amended to read:
10405.7. (a) The resolution of the community college district
governing board to establish an election day pursuant to subdivision
(b) of Section 1302 shall be adopted and submitted to the board of
supervisors not later than 240 days prior to the date of the
currently scheduled election for the governing board members of the
community college district.
(b) The final date for the submission of the resolution by the
community college district governing board to the board of
supervisors is not subject to waiver.
(c) The board of supervisors shall notify all community college
districts located in the county of the receipts of the resolution to
consolidate and shall request input from each district on the effect
of consolidation.
(d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may each obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
(2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the community
college district.
(f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000. As used in this subdivision, "12 months" means the
period from the election day prescribed in Section 5000 of the
Education Code to the first Tuesday after the first Monday in the
12th month subsequent to that day, inclusive.
(g) If, pursuant to subdivision (b) of Section 1302, a district
governing board member election is held on the same day as a
statewide general election, those district governing board members
whose four-year terms of office would have, prior to the adoption of
the resolution, expired prior to that election shall, instead,
continue in their offices until successors are elected and qualified.
SEC. 18. Section 221.1 is added to the Food and Agricultural Code,
to read:
221.1. (a) Notwithstanding Section 221, the department shall
establish all permanent positions with the Controller's office,
pursuant to standard state administrative practices.
(b) The department shall report to the chairs of the fiscal
committees of the Legislature and to the Legislative Analyst's office
on or before January 10, 2005, on the positions established pursuant
to subdivision (a) that have been funded by the department's general
authority. The report shall include a description of the positions
by program, classification, and source of funding, as well as a
complete description of the workload for the positions.
SEC. 19. Section 905.2 of the Government Code is amended to read:
905.2. (a) There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of this part all claims for money or damages against the state:
(1) For which no appropriation has been made or for which no fund
is available but the settlement of which has been provided for by
statute or constitutional provision.
(2) For which the appropriation made or fund designated is
exhausted.
(3) For money or damages on express contract, or for an injury for
which the state is liable.
(4) For which settlement is not otherwise provided for by statute
or constitutional provision.
(b) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (a) with the Victim
Compensation and Government Claims Board. This fee shall be
deposited into the General Fund and may be appropriated in support of
the board as reimbursements to Item 8700-001-0001 of the annual
Budget Act.
(1) The fee shall not apply to persons who have applied for and
been granted permission to proceed as litigants in forma pauperis in
accordance with Section 68511.3 and applicable rules of court
governing proceedings in forma pauperis.
(2) Upon approval of the claim by the Victim Compensation and
Government Claims Board, the fee shall be reimbursed to the claimant.
Reimbursement of the filing fee shall be paid by the state entity
against which the approved claim was filed. The reimbursement shall
be made at the time the claim is paid by the state entity, or shall
be added to the amount appropriated for the claim in an equity claims
bill.
(c) The board may assess a surcharge in an amount not to exceed 15
percent of the total approved claim. The board shall not include
the refunded filing fee in the surcharge calculation. This surcharge
shall be deposited into the General
Fund and may be appropriated in support of the board as
reimbursements to Item 8700-001-0001 of the annual Budget Act.
(d) The filing fee required by subdivision (a) shall apply to all
claims filed after June 30, 2004, or the effective date of this
statute. The surcharge authorized by subdivision (c) may be
calculated and included in claims paid after June 30, 2004, or the
effective date of the statute adding this subdivision.
SEC. 20. Section 910.4 of the Government Code is amended to read:
910.4. The board shall provide forms specifying the information
to be contained in claims against the state. The person presenting
a claim shall use the form in order that his or her claim is deemed
in conformity with Sections 910 and 910.2. A claim may be returned
to the person if it was not presented using the form. Any claim
returned to a person may be resubmitted using the appropriate form.
SEC. 21. Section 910.8 of the Government Code is amended to read:
910.8. If in the opinion of the board or the person designated by
it a claim as presented fails to comply substantially with the
requirements of Sections 910 and 910.2, or with the requirements of a
form provided under Section 910.4 if a claim is presented pursuant
thereto, or if the claim is submitted without a filing fee when
required pursuant to subdivision (b) of Section 905.2, the board or
the person may, at any time within 20 days after the claim is
presented, give written notice of its insufficiency, stating with
particularity the defects or omissions therein. The notice shall be
given in the manner prescribed by Section 915.4. The board may not
take action on the claim for a period of 15 days after the notice is
given.
SEC. 22. Section 911 of the Government Code is amended to read:
911. Any defense as to the sufficiency of the claim based upon a
defect or omission in the claim as presented is waived by failure to
give notice of insufficiency with respect to the defect or omission
as provided in Section 910.8, except that no notice need be given and
no waiver shall result when the claim as presented fails to state
either an address to which the person presenting the claim desires
notices to be sent or an address of the claimant, or fails to include
the filing fee.
SEC. 23. Section 8690.6 is added to the Government Code, 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. In the event that 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 provision of 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 may only be
authorized for needs that are a direct consequence of the proclaimed
emergency where 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) No funds allocated under this section shall 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) No public entity administering disaster assistance to
individuals shall 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) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 24. Section 11006 of the Government Code is repealed.
SEC. 25. Section 11011 of the Government Code is amended to read:
11011. (a) On or before December 31st of each year, each state
agency shall make a review of all proprietary state lands, other than
tax-deeded land, land held for highway purposes, lands under the
jurisdiction of the State Lands Commission, land that has escheated
to the state or that has been distributed to the state by court
decree in estates of deceased persons, and lands under the
jurisdiction of the State Coastal Conservancy, over which it has
jurisdiction to determine what, if any, land is in excess of its
foreseeable needs and report thereon in writing to the Department of
General Services. These lands shall include, but not be limited to,
the following:
(1) Land not currently being utilized, or currently being
underutilized, by the state agency for any existing or ongoing state
program.
(2) Land for which the state agency has not identified any
specific utilization relative to future programmatic needs.
(3) Land not identified by the state agency within its master
plans for facility development.
(b) Jurisdiction of all land reported as excess shall be
transferred to the Department of General Services, when requested by
the director thereof, for sale or disposition under this section or
as may be otherwise authorized by law.
(c) The Department of General Services shall report to the
Legislature annually, the land declared excess and request
authorization to dispose of the land by sale or otherwise.
(d) The Department of General Services shall review and consider
reports submitted to the Director of General Services pursuant to
Section 66907.12 of the Government Code and Section 31104.3 of the
Public Resources Code prior to recommending or taking any action on
surplus land, and shall also circulate the reports to all agencies
that are required to report excess land pursuant to this section. In
recommending or determining the disposition of surplus lands, the
Director of General Services may give priority to proposals by the
state that involve the exchange of surplus lands for lands listed in
those reports.
(e) Except as otherwise provided by any other provision of law,
whenever any land is reported as excess pursuant to this section, the
Department of General Services shall determine whether or not the
use of the land is needed by any other state agency. If the
Department of General Services determines that any land is needed by
any other state agency it may transfer the jurisdiction of this land
to the other state agency upon the terms and conditions as it may
deem to be for the best interests of the state.
(f) When authority is granted for the sale or other disposition of
lands declared excess, and the Department of General Services has
determined that the use of the land is not needed by any other state
agency, the Department of General Services shall sell the land or
otherwise dispose of the same pursuant to the authorization, upon any
terms and conditions and subject to any reservations and exceptions
as the Department of General Services may deem to be for the best
interests of the state. The Department of General Services shall
report to the Legislature annually, with respect to each parcel of
land authorized to be sold under this section, giving the following
information:
(1) A description or other identification of the property.
(2) The date of authorization.
(3) With regard to each parcel sold after the next preceding
report, the date of sale and price received, or the value of the land
received in exchange.
(4) The present status of the property, if not sold or otherwise
disposed of at the time of the report.
(g) Except as otherwise specified by law, moneys received from any
property disposition, including the sale, lease, exchange, or other
means, that is received pursuant to this section shall be paid into
the General Fund.
For purposes of this section, net proceeds shall be defined as
gross proceeds less all costs directly related to the completion of
the transaction including, but not limited to, selling costs,
transfer fees, commissions, and costs incurred by the Department of
General Services.
(h) Any rentals or other revenues received by the department from
real properties, the jurisdiction of which has been transferred to
the Department of General Services under this section, shall be
deposited in the General Fund in the account established by Section
15863. Any expenditures required to maintain, repair, care for, and
sell this real property shall be paid from the appropriation made by
Section 15863.
(i) Nothing contained in this section shall be construed to
prohibit the sale, letting, or other disposition of any state lands
pursuant to any law now or hereafter enacted authorizing the sale,
letting, or disposition.
(j) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 26. Section 11011.1 of the Government Code is amended to
read:
11011.1. (a) Land that has been declared surplus by the
Legislature, pursuant to Section 11011, and is not needed by any
state agency shall be offered to local governmental agencies. Except
as authorized in subdivisions (b), (c), (d), (e), and (k), or any
combination thereof, transfers of surplus land to local governmental
agencies pursuant to this section shall be at fair market value. No
surplus land shall be sold for less than fair market value, however,
to any person or agency, whether public or private, unless the
contract for sale provides for the reversion of the land to the state
if the stated purpose for which the property is sold is not
achieved.
(b) Where the land is to be used for park and recreation purposes
and operated for those purposes by local agencies at no expense to
the state, the Director of General Services with the approval of the
State Public Works Board may, notwithstanding any provision in
Section 11011, transfer the land to local governmental agencies at
less than the fair market value of the land, if the transfer is in
the public interest, under the following conditions:
(1) The local public agency has submitted a general development
plan for the property that conforms to the agency's general plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of
Title 7, and which general development plan has been approved by the
Director of Parks and Recreation.
(2) The land shall be developed according to plan within a time
period determined by the state but not to exceed 10 years. The deed
or other instrument of transfer shall provide that the land shall
revert to the state if the land is not developed within the time
period so determined by the state.
(3) The deed or other instrument of transfer shall provide that
the land would revert to the state if the use changed to a use not
consistent with parks and recreation purposes during the period of 25
years following the sale.
(c) Where the land is to be used for open-space purposes, as
defined herein, and operated by local agencies at no expense to the
state, the Director of General Services with the approval of the
State Public Works Board may transfer the land to local governmental
agencies at fair market value of the land or at any lesser value of
the land under any of the following conditions:
(1) The local public agency has submitted a plan for the use of
the property that conforms to the agency's general plan pursuant to
Article 5 (commencing with Section 65300) of Chapter 3 of Title 7,
and which plan has been approved by the Director of Parks and
Recreation.
(2) The land shall be used according to plan within a time period
determined by the state but not to exceed 10 years.
(3) The deed or other instrument of transfer shall provide that
the land would revert to the state if the use changed to a use not
consistent with open-space purposes during the period of 25 years
following the sale.
(4) For the purpose of this subdivision, "open-space purpose"
means the use of land for public recreation, enjoyment of scenic
beauty, or conservation or use of natural resources.
(d) Where the land is suitable to be used for the purpose of
providing housing for persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code, the
Director of General Services, with the approval of the State Public
Works Board, may offer the land to local agencies within whose
jurisdiction the land is located. Provided, however, if the state
has held title to the land for seven years or less and the land is
not used for the purposes for which it was acquired, and the land is
declared surplus land and is not needed by any other state agency
pursuant to the provisions of Section 11011, the state, prior to
offering the land to local agencies, shall extend to the individual
from whom the land was acquired an offer to purchase the land at
current fair market value. The offer shall extend for 60 days and if
not exercised within that period shall be irrevocably terminated.
The land may be transferred to local agencies at a reasonable cost
that will enable the provision of housing for persons and families of
low or moderate income. The cost may be less than fair market
value. The Department of Housing and Community Development shall
recommend to the Department of General Services a cost that will
enable the provision of housing for persons and families of low or
moderate income. All transfers of land pursuant to this subdivision
shall be subject to the following conditions:
(1) The local agency has made all of the following findings:
(A) There is a need for the housing in the community.
(B) The land is suitable for development of the housing.
(2) The local agency develops a plan for the housing in accordance
with criteria established by the Department of Housing and Community
Development, which shall include, but not be limited to, criteria
respecting the financial condition of the developer, if the housing
is to be developed by a private sponsor, and the cost of the project.
The plan shall be approved by the Department of Housing and
Community Development.
(3) After transfer of the property from the state to the local
agency, the property shall be developed as housing for persons and
families of low or moderate income. The local agency may lease or
sell the property to any nonprofit corporation, housing corporation,
limited dividend housing corporation, or private developer if the
local agency determines a private entity is best suited to develop
housing for persons and families of low or moderate income. In
authorizing the private development, the local agency shall impose
reasonable terms and conditions as will further the purposes of this
subdivision, which shall include, but not be limited to, continued
use of the property for housing for persons and families of low or
moderate income for not less than 40 nor more than 55 years. A
lessee or purchaser of land pursuant to this subdivision shall agree
to limitations on profit in the operation of the property that will
benefit the public and assure that the housing provided thereon is
within the means of persons and families of low or moderate income.
The agreement shall be binding upon successors in interest of the
original lessee or purchaser and shall inure to the benefit of, and
be enforceable by, the state.
(4) The local agency shall assure that the land will be used for
the purpose of providing low- or moderate-income housing and shall
not permit the use of the dwelling accommodations of the project for
any other purpose for not less than 40 nor more than 55 years, except
as provided in this section.
In the event a local agency does not comply with the land use
requirements prescribed in this section, as determined by the
Department of General Services, the Department of General Services
may require that the local agency pay the state the difference
between the actual price paid by the local agency for the property
and the fair market value of the property, at the time of the
department's determination of noncompliance, plus 6 percent interest
on that amount for the period of time the land has been held by the
local agency.
If the local agency, with the approval of the Department of
General Services, and in consultation with the Department of Housing
and Community Development, determines that there is no longer a need
for low- or moderate-income housing within the jurisdiction of the
local agency and another valid public purpose could be achieved by
utilizing the land in an alternative manner, the local agency shall
not be required to make any payment to the state for the difference
between purchase price and fair market value or interest charges for
the period of time the land has been held by the local agency.
(5) Failure to comply with the provisions of this section shall
not invalidate the transfer, sale, or conveyance of the real property
to a bona fide purchaser or encumbrancer for value.
(6) The project shall be commenced within 24 months of the
original transfer to the local agency. However, the Department of
General Services, in consultation with the Department of Housing and
Community Development, may for justifiable cause extend the time for
commencement of development for an additional 36 months. The
aggregate time for commencing development shall not exceed 60 months.
The deed or other instrument of conveyance shall specify that, if
development has not commenced within that time, the land shall revert
to the Department of General Services for disposal pursuant to this
section or as otherwise authorized by law.
(7) As used in this subdivision, "local agency" means and includes
any county, city, city and county, redevelopment agency organized
pursuant to Part 1 (commencing with Section 33000) of Division 24 of
the Health and Safety Code, or housing authority organized pursuant
to Part 2 (commencing with Section 34200) of Division 24 of the
Health and Safety Code, public district or other political
subdivision of the state and any instrumentality thereof, which is
authorized to engage in or assist in the development or operation of
housing for persons and families of low or moderate income and also
includes two or more of those agencies acting jointly pursuant to
Part 1 (commencing with Section 6500) of Division 7 of this code.
(8) Up to 40 percent of the housing developed on land purchased at
below market value pursuant to this subdivision may be housing that
is not regulated as to price, rent, or eligibility of occupants only
if the purchaser of the land demonstrates that the proceeds from the
sale or rental of that housing, in an amount equal to the difference
between the fair market value and the actual price paid for the land,
is used to reduce prices or rents on other housing units that are
made available exclusively to persons and families of low and
moderate income.
(e) Where the land is suitable to be used for the purpose of
providing housing for persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code, and
provided no local agency has acquired or is in the process of
acquiring the land pursuant to subdivision (d), the Director of
General Services, with the approval of the State Public Works Board,
may lease or sell the land to a housing sponsor. The land may be
sold or leased at a reasonable cost that may be less than fair market
value. The Department of Housing and Community Development shall
recommend to the Director of General Services a cost that will enable
the provision of housing for persons and families of low or moderate
income. All transfers of land pursuant to this subdivision shall be
subject to all of the following conditions:
(1) The housing sponsor has submitted a plan for the development
of that housing pursuant to criteria established by the Department of
Housing and Community Development. The criteria shall include, but
need not be limited to, standards with respect to the cost of the
housing development and the proportion of the housing development to
be occupied by persons and families of low and moderate income.
Insofar as is practical, the plan shall provide for a mix of housing
for all income groups.
(2) The housing development shall normally be developed or be
under development within 24 months from the time of transfer or lease
of the land to the housing sponsor. However, the Department of
General Services, in consultation with the Department of Housing and
Community Development, may, upon finding justifiable cause, extend
the time for commencement of development for an additional period of
36 months. The aggregate of all extensions for commencement of
development shall not exceed 60 months. The deed or other instrument
of conveyance shall specify that if development has not commenced
within that time, the land shall revert to the Department of General
Services for disposal pursuant to this section or as otherwise
authorized by law.
(3) Transfer of title to the land or lease of the land to a
housing sponsor shall be conditioned upon continued use of the
property as housing for persons and families of low and moderate
income for not less than 40 nor more than 55 years. In accordance
with regulations that shall be adopted by the Department of Housing
and Community Development pursuant to the Administrative Procedure
Act, the Director of General Services shall require that any housing
sponsor purchasing or leasing land pursuant to this subdivision enter
into an agreement that (A) provides for limitations on profit in the
operation of that property that benefit the public and which assure
that the housing is affordable to persons and families of low and
moderate income, and (B) does not permit the use of the property for
purposes other than the provision of housing for persons and families
of low and moderate income except as provided in this subdivision.
Upon recordation of the agreement in the office of county recorder in
the county in which the real property subject to the agreement is
located, the agreement shall be binding for a period of not less than
40 nor more than 55 years upon successors in interest to the
original housing sponsor and shall inure to the benefit of, and be
enforceable by, the state.
For the purposes of this subdivision, "housing sponsor" means a
nonprofit corporation incorporated pursuant to Part 1 (commencing
with Section 9000) of Division 2 of Title 1 of the Corporations Code;
a cooperative housing corporation which is a stock cooperative, as
defined by Section 11003.2 of the Business and Professions Code; a
limited-dividend housing corporation; or a private housing developer
who agrees to the conditions set forth in this subdivision.
(4) Up to 40 percent of the housing developed on land purchased at
below market value pursuant to this subdivision may be housing which
is not regulated as to price, rent, or eligibility of occupants only
if the purchaser of the land demonstrates that the proceeds from the
sale or rental of that housing, in an amount equal to the difference
between the fair market value and the actual price paid for the
land, is used to reduce prices or rents on other housing units which
are made available exclusively to persons and families of low and
moderate income.
(f) The Department of Housing and Community Development, in
consultation with the Department of General Services and the Office
of Planning and Research, shall make a report to the Legislature on
or before January 1, 1981, with respect to effectiveness of the
program and shall recommend any necessary legislative changes to the
provisions of subdivision (d).
(g) Where the land is to be used for public purposes other than
specifically set forth in this section, is to be operated by the
local agency at no expense to the state, and the use and enjoyment of
the public purpose contemplated will be of broad public benefit, and
not a benefit basically of local interest enjoyed and used primarily
by the residents of the area of tax jurisdiction of the local
agency, the Director of General Services, with the approval of the
State Public Works Board, may transfer the land to local governmental
agencies at a sales price not less than 50 percent of fair market
value. The transfer shall provide that if the land is not used for
the contemplated purpose during the period of 25 years following the
sale, the land shall revert to the state. The Director of General
Services may provide additional terms and conditions which he or she
determines to be in the best interest of the state.
(h) If there is more than one appropriate use and more than one
offer for the use of a parcel of surplus land, the Department of
General Services, in consultation with the Department of Housing and
Community Development, the Department of Parks and Recreation,
and the Office of Planning and
Research, shall determine the most appropriate use for the parcel and
the Department of General Services shall offer the land accordingly.
(i) Land that has been declared surplus by the Legislature,
pursuant to Section 11011, is not needed by any state agency, is
suitable for development for housing purposes, and is not in the
process of being acquired pursuant to other provisions of this
section, may upon the request of the Department of Housing and
Community Development be retained by the Director of General Services
for a period not exceeding five years, during which the Director of
General Services shall continue to offer the lands for housing
pursuant to subdivision (d).
(j) Transfer of state surplus lands under subdivision (d) shall be
at a cost which will enable provision of economically feasible
housing for persons and families of low or moderate income.
(k) Where the land is to be used for school purposes, the Director
of General Services with the approval of the State Public Works
Board and the State Allocation Board may, notwithstanding any
provision in Section 11011, transfer the land to a local school
district at less than fair market value of the land, if the transfer
is in the public interest, under the following conditions:
(1) The land is suitable for use by a school district as a school
site, school administration building site, school warehouse site, or
other school use approved by the State Department of Education.
(2) The land is used by the school district for those purposes
before a nonuse fee is required by Section 39015 of the Education
Code or a later time approved by the State Department of Education,
with a reversion to the state if not so used within the time
prescribed.
(3) The deed or other instrument of transfer shall provide that
the land shall revert to the state if the use is changed to a use not
consistent with school purposes during the period of 25 years
following the sale.
(l) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 27. Section 11011.2 of the Government Code is amended to
read:
11011.2. (a) Any state agency that owns real property requiring
annual maintenance costing in excess of fifty thousand dollars
($50,000), and that declares that property to be surplus, shall
provide for its maintenance for a period of one year from the date
notification is made to the Department of General Services to request
the Legislature to declare the property surplus, or until the
property is sold. An agency may notify the Department of General
Services to request the Legislature to declare property surplus while
the property is still in use.
(b) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 28. Section 11011.3 of the Government Code is amended to
read:
11011.3. (a) Any public agency desiring to purchase surplus state
real property, as set forth in Section 11011.1, shall give written
notice to the Department of General Services of its intent to
purchase the real property within 60 days after receipt of the
Department of General Services' written notification of intent to
sell the property.
(b) If the public agency desiring to purchase the property and the
Department of General Services are unable to arrive at a mutually
acceptable sales price for the property within 180 days from the date
of receipt of notice from the public agency, upon request of the
public agency the Director of the Department of General Services
shall hire an independent third party appraiser mutually acceptable
to the agency and the department to appraise the property. If within
10 days after receipt of the appraisal the public agency and the
department are unable to arrive at a mutually acceptable sales price,
upon request of the agency final determination of the sales price
shall be made by the State Public Works Board. The public agency
shall bear all costs of the independent third party appraisal whether
or not the agency elects to purchase the property. If the agency
does purchase the property, the appraisal costs shall be added to the
purchase price of the property. If the public agency does not
purchase the property, it shall pay the appraisal costs, and the
surplus real property may be disposed of in the normal manner.
(c) After arriving at a mutually agreeable sales price, the
Department of General Services and the public agency will be allowed
an additional 90 days to execute a sales or exchange agreement to
purchase the property. In the event an agreement is not executed by
the public agency within the 90-day period, the Department of General
Services may offer the property for sale in the normal manner.
Should 90 days prove insufficient for the public agency to finance
purchase of the property, the Public Works Board for good cause may
grant an extension of time to complete the purchase. The 90-day
limitation shall be suspended when a bond election is to be held for
the purpose of financing the purchase of the property. However, the
bond election shall be called and held on the next eligible date and
this suspension of the 90-day limitation shall only be extended to
the 10th day following the date of the next bond election.
(d) For purposes of this section, written notice shall be deemed
given upon proper posting and deposit in the United States mail.
(e) Nothing in this section shall prohibit the state from
continuing to negotiate with a public agency for the sale of surplus
property pursuant to other provisions of this article.
(f) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 29. Section 11011.4 of the Government Code is amended to
read:
11011.4. (a) Notwithstanding any provision to the contrary in
Section 54222 or elsewhere, land may be transferred pursuant to
subdivision (d) of Section 11011.1 to a local agency at the cost
specified in subdivision (d) of Section 11011.1.
(b) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 30. Section 11011.5 of the Government Code is amended to
read:
11011.5. (a) When no state or other public entity seeks to obtain
title to specific surplus state-owned real property, a state agency
authorized to sell that property, except property acquired for state
highway purposes, may, with the approval of the Department of General
Services, employ a licensed real estate broker for a negotiated
commission not to exceed reasonable and customary brokerage
commissions applicable to similar privately owned properties in the
area in connection with that sale and pay the amount of commission
earned by the broker. The commission shall be paid only out of the
proceeds of the sale before the proceeds are remitted to the State
Treasury. The Director of General Services shall only employ the
services of a broker when the director determines that the employment
of a broker to sell the property would result in a cost savings to
the state. Any state properties sold through the services of a
broker shall be reported, along with a comparison of the estimated
cost savings obtained through the use of a broker, in the annual
surplus property report to the Legislature required pursuant to
Section 11011.
(b) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 31. Section 11011.6 of the Government Code is amended to
read:
11011.6. (a) Notwithstanding any other provision of law, land
held by the state and not needed by any state agency, acquired at
little or no cost from a local governmental agency or private party,
and where no significant amount of state funds have been expended to
preserve, improve, restore, or reclaim such lands, and if it will be
used by a governmental agency for a public purpose of broad public
benefit, and not a benefit basically of local interest enjoyed and
used primarily by the residents of the area of tax jurisdiction of
the agency, the Director of General Services, with the approval of
the State Public Works Board, upon application by the agency or
private party, may transfer the land to the governmental agencies at
no cost.
(b) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 32. Section 11011.8 of the Government Code is amended to
read:
11011.8. (a) Whenever any person, as defined in Section 17, or
public agency receives any state surplus real property at less than
current market value, it shall pay all interim management and
administrative costs incurred by the state between the time the
person or public agency expressed interest in obtaining the property
and the completion of the transfer and all costs incurred by the
state in transferring title to the property.
(b) This section does not apply to any transfer of surplus state
property that was authorized on or before January 1, 1989.
(c) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 33. Section 11011.9 of the Government Code is amended to
read:
11011.9. (a) The Legislature finds and declares that:
(1) Disposition of surplus property owned by public agencies
should be utilized to further state policies.
(2) There exists within the urban and rural areas of the state a
serious shortage of decent, safe, and sanitary housing which persons
and families of low or moderate income can afford, and consequently
there is a pressing and urgent need for the preservation and
expansion of the supply of housing for such persons.
(3) The provision of decent housing for all Californians is a
state goal of the highest priority. The disposal of surplus land is
a direct and substantial public purpose of statewide concern and will
serve an important public purpose, including mitigating the
environmental effects of state activities. Therefore, it is the
intent of the Legislature that priority be given in the disposal of
surplus state land to housing for persons and families of low or
moderate income, where such land is suitable for housing and there is
a need for such housing in the community.
(4) There is an identifiable deficiency in the amount of
recreational land available to the public for park, recreational,
school, and open-space purposes, as well as for housing and general
community development purposes in accord with state policies.
(b) It is the intent of the Legislature that surplus state
property be disposed of in a manner which furthers state policies in
the areas of parks, recreation, schools, open space, and housing and
community development, or any combination thereof.
(c) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.
SEC. 34. Section 11011.10 is added to the Government Code, to
read:
11011.10. (a) Until July 1, 2005, the disposal of surplus state
property, including any property already declared surplus by the
Legislature but not yet disposed of by the Department of General
Services, shall be subject to the requirements of this section.
(b) Notwithstanding any other provision of law, all state
agencies, departments, boards, and commissions, who have not already
done so pursuant to Executive Order S-10-04, shall review the current
and anticipated future programmatic need for the state-owned and
leased property that they occupy or have under their stewardship, and
identify and report any property surplus to their current or future
needs to the Department of General Services. The department may
provide instructions to facilitate the reporting and determination of
surplus properties.
(c) (1) The department shall review the properties identified
pursuant to Executive order S-10-04 and subdivision (b) to determine
whether those properties are surplus to the needs of the state,
report the surplus properties to the Legislature, and request
authorization from the Legislature to dispose of the properties by
sale or otherwise.
(2) Any state agency with property under its jurisdiction that is
determined to be surplus and authorized for disposition pursuant to
this subdivision or by previous legislative action, shall provide for
the maintenance of the property until it is disposed of by the
department under this section.
(3) Jurisdiction of property determined to be surplus shall be
transferred to the department, when requested by the Director of
General Services, for sale or disposition under this section.
(d) (1) Subject to paragraphs (2) to (4), inclusive, the
department may sell or otherwise dispose of property as authorized by
the Legislature pursuant to subdivision (c), upon any terms and
conditions and subject to any reservations and exceptions the
department deems to be in the best interests of the state.
(2) (A) Notwithstanding any other provision of law, property that
has been declared surplus and whose disposition has been authorized
by the Legislature pursuant to subdivision (c) or by previous
legislative action, and has been determined by the department not to
be needed by any state agency, shall be offered to local governmental
agencies prior to being offered for sale to private entities or
individuals.
(B) In order to be considered as a potential buyer of the surplus
property, local governmental agencies shall notify the department of
their interest in the surplus state property within 60 days of
receiving notice of the availability of the property. The sale of
the property to a local governmental agency pursuant to this section
shall be completed, and title transferred, within 90 days of the date
the local governmental agency was notified of the availability of
the property.
(3) If the sale of a surplus state property to a local
governmental agency is not completed within the timeframe specified
in subparagraph (B) of paragraph (2), the department shall offer the
property for sale to private entities or individuals.
(4) Transfers of surplus property to local governmental agencies
or private entities or individuals pursuant to this subdivision shall
be at fair market value.
(e) Except as otherwise required by the California Constitution or
federal law, the net proceeds of any property disposition, including
the sale, lease, exchange, or other means, that is received pursuant
to this section shall be paid into the General Fund. For purposes
of this section, "net proceeds" means gross proceeds less all costs
directly related to the completion of the transaction including, but
not limited to, selling costs, transfer fees, commissions, and costs
incurred by the department.
(f) Except as otherwise required by the California Constitution or
federal law, any rental moneys or other revenues received by the
department from real properties, the jurisdiction of which has been
transferred to the department under this section, shall be deposited
in the General Fund in the account established by Section 15863. Any
expenditure required to maintain, repair, care for, and sell the real
property shall be paid from the appropriation made by Section 15863.
(g) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2006, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 35. Section 11794 of the Government Code is amended to read:
11794. (a) (1) The Stephen P. Teale Data Center may establish
rates and collect payments from state agencies for providing services
to those agencies. The methodology for computing costs and billing
rates shall be subject to the approval of the Director of Finance.
(2) Commencing no later than August 1, 2005, and no later than
August 1 annually thereafter, the Stephen P. Teale Data Center, or
its successor entity, shall submit to the Department of Finance a
proposal that reconciles the current fiscal year rates and details
any adjustments proposed for budget fiscal year rates to be included
in the Governor's Budget.
(b) (1) All money received by the data center pursuant to this
section shall be deposited in the Stephen P. Teale Data Center
Revolving Fund.
(2) In order to ensure that there is adequate cash in the fund,
the data center may require monthly payments in advance by client
agencies, based on estimated billings. By mutual agreement between
the data center and the applicable state agency, a state agency may
make monthly, quarterly, or annual payments in advance or arrears.
(c) Consistent with subdivision (b), and pursuant to Section
11255, the Controller shall transfer any amounts so authorized by the
data center. The data center shall notify each affected state
agency upon requesting the Controller to make the transfer.
SEC. 36. Section 12012.90 of the Government Code is amended to
read:
12012.90. (a) (1) For each fiscal year commencing with the
2002-03 fiscal year, the California Gambling Control Commission shall
determine the aggregate amount of shortfalls in payments that
occurred in the Indian Gaming Revenue Sharing Trust Fund pursuant to
Section 4.3.2.1 of the tribal-state gaming compacts ratified and in
effect as provided in subdivision (f) of Section 19 of Article IV of
the California Constitution as determined below:
(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.
(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference
between two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was
eligible to receive moneys and the actual amount paid to each
eligible recipient Indian tribe during the fiscal year from the
Indian Gaming Revenue Sharing Trust Fund.
(2) For purposes of this section, "eligible recipient Indian tribe"
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.
(b) The California Gambling Control Commission shall provide to
the committee in the Senate and Assembly that considers the State
Budget an estimate of the amount needed to backfill the Indian Gaming
Revenue Sharing Trust Fund on or before the date of the May budget
revision for each fiscal year.
(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made pursuant
to subdivision (b) that would give the eligible recipient Indian
tribe an aggregate amount in excess of two hundred seventy-five
thousand dollars ($275,000) per eligible quarter. Any funds
transferred from the Indian Gaming Special Distribution Fund to the
Indian Gaming Revenue Sharing Trust Fund that result in a surplus
shall revert back to the Indian Gaming Special Distribution Fund
following the authorization of the final payment of the fiscal year.
(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
appropriation from the trust fund, the California Gambling Control
Commission shall distribute the moneys without delay to eligible
recipient Indian tribes for each quarter that a tribe was eligible to
receive a distribution during the fiscal year immediately preceding.
SEC. 37. Section 12152 of the Government Code is amended to read:
12152. (a) To assist him or her in the discharge of the duties of
his or her office, the Secretary of State may appoint one Assistant
Secretary of State, whose powers, duties and liabilities shall be
those of a deputy, and any deputies and clerical, expert, technical
and other assistants necessary for the proper conduct of his or her
office. The Assistant Secretary of State and all deputies are civil
executive officers.
(b) Notwithstanding any other provision of law, but consistent
with Section 4 of Article VII of the California Constitution and with
subdivision (a) of this section, the Governor shall appoint four
employees of the Secretary of State's office, who may be nominated by
the Secretary of State, and who are exempt from state civil service.
SEC. 38. Section 12432 is added to the Government Code, to read:
12432. (a) The Legislature hereby finds and declares that it is
essential for the state to replace the current automated human
resource/payroll systems operated by the Controller to ensure that
state employees continue to be paid accurately and on time and that
the state may take advantage of new capabilities and improved
business practices. To achieve this replacement of the current
systems, the Controller is authorized to procure, modify, and
implement a new human resource management system that meets the needs
of a modern state government. This replacement effort is known as
the 21st Century Project.
(b) Notwithstanding any other provision of law, beginning with the
2004-05 fiscal year, the Controller may assess the special and
nongovernmental cost funds in sufficient amounts to pay for the
authorized 21st Century Project costs that are attributable to those
funds. Assessments in support of the expenditures for the 21st
Century Project shall be made quarterly, and the total amount
assessed from these funds annually may not exceed the total
expenditures incurred by the Controller for the 21st Century Project
that are attributable to those funds in that fiscal year.
Appropriations for this purpose shall be made in the annual Budget
Act.
(c) To the extent permitted by law, beginning with the 2004-05
fiscal year, the Controller shall establish agreements with various
agencies and departments for the collection from federal funds of
costs that are attributable to federal funds. The total amount
collected from those agencies and departments annually may not exceed
the total expenditures incurred by the Controller for the 21st
Century Project that are attributable to federal funds in that fiscal
year. Appropriations for that purpose shall be made in the annual
Budget Act.
(d) It is the intent of the Legislature that, beginning not
earlier than the 2006-07 fiscal year, future annual Budget Acts
include General Fund appropriations in sufficient amounts for
expenditures for the 21st Century Project that are attributable to
the General Fund. It is the Legislature's intent that the share of
the total project costs paid for by the General Fund shall be
equivalent to the share of the total project costs paid for from
special and nongovernmental cost fund assessments and collections
from federal funds.
(e) This section shall remain in effect only until June 30, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2011, deletes or extends that date.
SEC. 39. Section 12439 of the Government Code is amended to read:
12439. (a) Beginning July 1, 2002, any state position that is
vacant for six consecutive monthly pay periods shall be abolished by
the Controller on the following July 1. The six consecutive monthly
pay periods may occur entirely within one fiscal year or between two
consecutive fiscal years.
(b) The Director of Finance may authorize the reestablishment of
any positions abolished pursuant to this section if one or more of
the following conditions existed during part or all of the six
consecutive monthly pay periods:
(1) There was a hiring freeze in effect during part or all of the
six consecutive pay periods.
(2) The department has diligently attempted to fill the position,
but was unable to complete all the steps necessary to fill the
position within six months.
(3) The position has been designated as a management position for
purposes of collective bargaining and has been held vacant pending
the appointment of the director, or other chief executive officer, of
the department as part of the transition from one Governor to the
succeeding Governor.
(4) The classification of the position is determined to be
hard-to-fill.
(5) Late enactment of the budget causes the department to delay
filling the position.
(c) The Controller shall reestablish any position for which the
director of the department in which that position existed prior to
abolishment certifies by August 15 that one or more of the following
conditions existed during part or all of the six consecutive pay
periods.
(1) The position is necessary for directly providing 24-hour care
in an institution operated by the state.
(2) The position is necessary for the state to satisfy any
licensing requirements adopted by a local, state, or federal
licensing or other regulatory agency.
(3) The position is directly involved in services for public
health, public safety, or homeland security.
(4) The position is being held vacant because the previous
incumbent is eligible to exercise a mandatory right of return from a
leave of absence as may be required by any provision of law
including, but not limited to, leaves for industrial disability,
nonindustrial disability, military service, pregnancy, childbirth, or
care of a newborn infant.
(5) The position is being held vacant because the department has
granted the previous incumbent a permissive leave of absence as may
be authorized by any provision of law including, but not limited to,
leaves for adoption of a child, education, civilian military work, or
to assume a temporary assignment in another agency.
(6) Elimination of the position will directly reduce state
revenues or other income by more than would be saved by elimination
of the position.
(7) The position is funded entirely from moneys appropriated
pursuant to Section 221 of the Food and Agricultural Code, was
established with the Controller pursuant to Section 221.1 of the Food
and Agricultural Code, and directly responds to unforeseen
agricultural circumstances requiring the relative expertise that the
position provides.
(d) Each department shall maintain for future independent audit
all records on which the department relied in determining that any
position or positions satisfied one or more of the criteria specified
in paragraphs (1) to (6), inclusive, of subdivision (c).
(e) The only other exceptions to the abolishment required by
subdivision (a) are those positions exempt from civil service or
those instructional and instruction-related positions authorized for
the California State University. No money appropriated by the
subsequent Budget Act shall be used to pay the salary of any
otherwise authorized state position that is abolished pursuant to
this section.
(f) The Controller, no later than September 10 of each fiscal
year, shall furnish the Department of Finance in writing a
preliminary report of any authorized state positions that were
abolished effective on the preceding July 1 pursuant to this section.
(g) The Controller, no later than October 15 of each fiscal year,
shall furnish the Joint Legislative Budget Committee and the
Department of Finance a final report on all positions that were
abolished effective on the preceding July 1.
(h) Departments shall not execute any personnel transactions for
the purpose of circumventing the provisions of this section.
(i) Each department shall include a section discussing its
compliance with this section when it prepares its report pursuant to
Section 13405.
(j) As used in this section, department refers to any department,
agency, board, commission, or other organizational unit of state
government that is empowered to appoint persons to civil service
positions.
(k) This section shall become operative July 1, 2002.
SEC. 40. 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 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.
(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. 41. Section 13332.04 of the Government Code is repealed.
SEC. 42. Section 13332.11 of the Government Code is amended to
read:
13332.11. (a) (1) Except as otherwise specified in paragraph (2),
no funds appropriated for capital outlay may be expended by any
state agency, including the University of California, the California
State University, and the community colleges, until the Department of
Finance and the State Public Works Board have approved preliminary
plans for the project to be funded from a capital outlay
appropriation.
(2) Paragraph (1) shall not apply to any of the following:
(A) Amounts for acquisition of real property in fee, or any other
lesser interest.
(B) Amounts for equipment or minor capital outlay projects.
(C) Amounts appropriated for preliminary plans, surveys, and
studies.
(b) Notwithstanding subdivision (a), approvals by the State Public
Works Board and the Department of Finance for the University of
California and the community colleges shall apply only to the
allocation of state capital outlay funds appropriated by the
Legislature, including land acquisition and equipment funds.
(c) Any appropriated amounts for working drawings or construction
where the working drawings or construction have been started by any
state agency prior to approval of the preliminary plans by the State
Public Works Board, and all amounts not approved by the board under
this section shall be reverted to the fund from which the
appropriation was made. No major project for which a capital outlay
appropriation is made shall be put out to bid until the working
drawings have been approved by the Department of Finance. No
substantial change shall be made to the approved preliminary plans or
approved working drawings without written approval by the Department
of Finance. Any proposed construction bid alternates shall be
approved by the Department of Finance.
(d) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
(e) The State Public Works Board may augment a major project in an
amount of up to 20 percent of the total of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. The State Public Works Board shall defer
all augmentations in excess of 20 percent of the amount appropriated
for each capital outlay project until the Legislature makes
additional funds available for the specific project.
(f) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The State Public
Works Board may use this amount to augment the project, when and if
necessary, after the lease revenue bonds are sold to assure
completion of the project. Upon completion of the project, any
amount remaining in the construction reserve funds shall be used to
offset rental payments.
(g) Augmentations in excess of 10 percent of the amount
appropriated for each capital outlay project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
(h) Prior to State Public Works Board action on any capital outlay
appropriation, the Department of Finance shall certify, in writing,
to the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the respective fiscal committees, and the legislative
advisors of the board that the requested action is in accordance
with the legislatively approved scope and cost. If, pursuant to the
other provisions of this section, the Department of Finance approves
changes to the approved scope or cost, or both, the department shall
report the changes and associated cost implications.
(i) The State Public Works Board shall defer action with respect
to approval of an acquisition project, when it is determined that the
estimated cost of the total acquisition project, as approved by the
Legislature is in excess of 20 percent of the amount appropriated,
unless it is determined that a lesser portion of the property is
sufficient to meet the objectives of the project approved by the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is provided a 20-day prior
notification of the proposed reductions in the acquisition project,
or whatever lesser period the chairperson, or his or her designee,
may in each instance determine.
(j) The State Public Works Board shall defer action with respect
to the approval of preliminary plans when it is determined that the
estimated cost of the total capital outlay construction project, as
approved by the Legislature, is in excess of 20 percent of the amount
appropriated.
(k) Nothing in this section shall be construed to limit or control
the Department of Transportation or the California Exposition and
State Fair in the expenditure of all funds appropriated to the
department for capital outlay purposes.
SEC. 43. Section 13332.19 of the Government Code is amended to
read:
13332.19. (a) For the purposes of this section, the following
definitions shall apply:
(1) "Design-build" means a construction procurement process in
which both the design and construction of a project are procured from
a single entity.
(2) "Design-build project" means a capital outlay project using
the design-build construction procurement process.
(3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed.
(4) "Design-build solicitation package" means the performance
criteria, any concept drawings deemed necessary by the Department of
General Services, the form of contract, and all other documents and
information that serve as the basis on which bids or proposals will
be solicited from the design-build entities.
(5) "Design-build phase" means the period following the award of a
contract to a design-build entity in which the design-build entity
completes the design and construction activities necessary to fully
complete the project in compliance with the terms of the contract.
(6) "Performance criteria" means the information that fully
describes the scope of the proposed project and includes, but is not
limited to, the size, type, and design character of the buildings and
site; the required form, fit, function, operational requirements,
and quality of design, materials, equipment, and workmanship; and any
other information deemed necessary to sufficiently describe the
state's needs.
(7)"Concept drawings" means any schematic drawings or
architectural renderings that are prepared, in addition to
performance criteria, in such detail as the Director of General
Services determines necessary to sufficiently describe the state's
needs.
(b) Except as otherwise specified in paragraphs (1) to (4),
inclusive, no funds appropriated for a design-build project may be
expended until the Department of Finance and the State Public Works
Board have approved performance criteria or performance criteria and
concept drawings for the project.
This section shall not apply to any of the following:
(1) Amounts for acquisition of real property, in fee or any lesser
interest.
(2) Amounts for equipment or minor capital outlay projects.
(3) Amounts appropriated for performance criteria and concept
drawings.
(4) Amounts appropriated for preliminary plans, if the
appropriation was made prior to January 1, 2005.
(c) Any appropriated amounts for the design-build phase of a
design-build project, where funds have been expended on the
design-build phase by any state agency prior to the approval of the
performance criteria or the performance criteria and concept drawings
by the State Public Works Board, and all amounts not approved by the
State Public Works Board under this section shall be reverted to the
fund from which the appropriation was made. No design-build project
for which a capital outlay appropriation is made shall be put out to
design-build solicitation until the bid package has been approved by
the Department of Finance. No substantial change shall be made to
the performance criteria or to performance criteria and concept
drawings as approved by the State Public Works Board and the
Department of Finance without written approval by the Department of
Finance. Any proposed bid alternates shall be approved by the
Department of Finance.
(d) The State Public Works Board may augment a design-build
project in an amount of up to 20 percent of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. The State Public Works Board shall defer
all augmentations in excess of 20 percent of the amount appropriated
for each design-build project until the Legislature makes additional
funds available for the specific project.
(e) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The State Public
Works Board may use this amount to augment the project, when and if
necessary, after the lease revenue bonds are sold to assure
completion of the project. Upon completion of the project, any
amount remaining in the construction reserve fund shall be used to
offset rental payments.
(f) Any augmentation in excess of 10 percent of the amounts
appropriated for each design-build project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
(g) Prior to State Public Works Board action on any capital outlay
appropriation for a design-build project, the Department of Finance
shall certify, in writing, to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative members of the board that the
requested action is in accordance with the legislatively approved
scope and cost. If, pursuant to other provisions of this section,
the Department of Finance approves changes to the approved scope or
cost, or both, the department shall report the changes and associated
cost implications.
(h) The State Public Works Board shall defer action with respect
to approval of performance criteria or performance criteria and
concept drawings, when it is determined that the estimated cost of
the total design-build project approved by the Legislature is in
excess of 20 percent of the amount appropriated.
SEC. 44. Section 13923 of the Government Code is amended to read:
13923. The board may approve plans for payroll deduction from the
salaries or wages of state officers and employees under subdivision
(f) of Section 1151 for charitable contributions to the agency
handling the principal combined fund drive in any area. The board
shall establish necessary rules and regulations, including the
following:
(a) Standards for establishing what constitutes the principal
combined fund drive in an area.
(b) A requirement that the agency to receive these contributions
shall pay, for deposit in the General Fund, the additional cost to
the state of making these deductions and remitting the proceeds, as
determined by the Controller.
(c) A requirement that the agency to receive these contributions
shall pay, for deposit in the General Fund, the board's cost to
administer the annual charitable campaign fund drive. This amount
shall be determined by the board and may be appropriated in support
of the board as reimbursements to Item 8700-001-0001 of the annual
Budget Act.
(d) Provisions for standard amounts of deductions from which each
state officer or employee may select the contribution that he or she
desires to make, if any.
(e) A prohibition upon state officers or employees authorizing
more than one payroll deduction for charitable purposes to be in
effect at the same time.
(f) A provision authorizing the Controller to combine in his or
her records deductions for employee association dues, if authorized,
and charitable deductions, if authorized.
The board, in addition, may approve requests of any charitable
organization qualified as an exempt organization under Section 23701d
of the Revenue and Taxation Code, and paragraph (3) of subsection
(c) of Section 501 of the Internal Revenue Code of 1954, which is not
an affiliated member beneficiary of the principal combined fund
drive to receive designated deductions from the principal
fund drive.
The principal combined fund drive agency, any charitable
organization which is an affiliated member beneficiary of the
principal combined fund drive, and any charitable organization
approved by the board to receive designated deductions on the
payroll authorization form of the principal fund drive, shall certify
under penalty of perjury to the board that it is in compliance with
the Fair Employment and Housing Act, Part 2.8 (commencing with
Section 12900), as a condition of receiving these designated
deductions.
The principal combined fund drive shall obtain from the board the
list of approved nonaffiliated beneficiaries, eligible for
designated deductions in its approved drive area, and shall provide
this information to each employee at the time of the principal fund
drive. The principal combined drive agency shall provide a
designation form for the employee to indicate those amounts to be
contributed to affiliated and nonaffiliated beneficiaries. The
designation form shall consist of a copy for each of the following:
(1) the employee, (2) the employee's designated beneficiary agency,
and (3) the principal combined fund drive agency. The principal
combined fund drive agency shall pay the amount collected for the
employee designated beneficiary agency less the amount necessary to
reimburse the principal combined fund drive agency for fundraising
and administrative expenses. The fee charged for fundraising and
administrative cost reimbursement shall be determined by the board,
published in campaign literature and made available to the employee
during the solicitation process.
Nothing contained in this section shall preclude a principal fund
drive agency from giving a percentage of the undesignated funds to
charities which are not members of the agency handling the principal
drive, or honoring an employee's designated deduction to any
charitable organization.
SEC. 45. Section 14604 is added to the Government Code, to read:
14604. Commencing no later than August 1, 2005, and no later than
August 1 annually thereafter, the Department of General Services
shall submit to the Department of Finance a proposal that reconciles
the current fiscal year rates for service fees charged by the
Department of General Services to state agencies, and details any
adjustments proposed for budget fiscal year rates to be included in
the Governor's Budget.
SEC. 46. Section 14612.2 of the Government Code is amended to
read:
14612.2. (a) Notwithstanding Chapter 7 (commencing with Section
14850) of Part 5.5 of Division 3 of Title 2 of, or Section 14901 of,
the Government Code, no agency is required to use the Office of State
Publishing for its printing needs and the Office of State Publishing
may offer printing services to both state and other public agencies,
including cities, counties, special districts, community college
districts, the California State University, the University of
California, and agencies of the United States government. When
soliciting bids for printing services from the private sector, all
state agencies shall also solicit a bid from the Office of State
Publishing when the project is anticipated to cost more than five
thousand dollars ($5,000).
(b) This section shall remain operative only until the effective
date of the Budget Act of 2005 or July 1, 2005, whichever is later,
and as of January 1, 2006, is repealed, unless a later enacted
statute that is enacted before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 47. Section 14661 of the Government Code is amended to read:
14661. (a) For the purposes of this section, the definitions in
subdivision (a) of Section 13332.19 shall apply.
(b) Notwithstanding any provision of the Public Contract Code or
any other provision of law, when the Legislature authorizes the use
of the design-build construction procurement process for a specific
project, the Director of General Services may contract and procure
state office facilities and other buildings, structures, and related
facilities pursuant to this section.
(c) Prior to contracting with a design-build entity for the
procurement of state office facilities and other state buildings and
structures, the director shall:
(1) Prepare a program setting forth the performance criteria for
the design-build project. The performance criteria shall be prepared
by a design professional duly licensed and registered in the State
of California.
(2) (A) Establish a competitive prequalification and selection
process for design-build entities, including any subcontractors
listed at the time of bid, that clearly specifies the
prequalification criteria, and states the manner in which the winning
design-build entity will be selected.
(B) Prequalification shall be limited to consideration of all of
the following criteria:
(i) Possession of all required licenses, registration, and
credentials in good standing that are required to design and
construct the project.
(ii) Submission of evidence that establishes that the design-build
entity members have completed, or demonstrated the capability to
complete, projects of similar size, scope, or complexity, and that
proposed key personnel have sufficient experience and training to
competently manage and complete the design and construction of the
project.
(iii) Submission of a proposed project management plan that
establishes that the design-build entity has the experience,
competence, and capacity needed to effectively complete the project.
(iv) Submission of evidence that establishes that the design-build
entity has the capacity to obtain all required payment and
performance bonding, liability insurance, and errors and omissions
insurance, as well as a financial statement that assures the
department that the design-build entity has the capacity to complete
the project.
(v) Provision of a declaration certifying that applying members of
the design-build entity have not had a surety company finish work on
any project within the last five years.
(vi) Provision of information and a declaration providing detail
concerning all of the following:
(I) Any construction or design claim or litigation totaling more
than five hundred thousand dollars ($500,000) or 5 percent of the
annual value of work performed, whichever is less, settled against
any member of the design-build entity over the last five years.
(II) Serious violations of the Occupational Safety and Health Act,
as provided in Part 1 (commencing with Section 6300) of Division 5
of the Labor Code, settled against any member of the design-build
entity.
(III) Violations of federal or state law, including, but not
limited to, those laws governing the payment of wages, benefits, or
personal income tax withholding, or of Federal Insurance
Contributions Act (FICA) withholding requirements, state disability
insurance withholding, or unemployment insurance payment
requirements, settled against any member of the design-build entity
over the last five years. For the purposes of this subclause, only
violations by a design-build member as an employer shall be deemed
applicable, unless it is shown that the design-build entity member,
in his or her capacity as an employer, had knowledge of his or her
subcontractor's violations or failed to comply with the conditions
set forth in subdivision (b) of Section 1775 of the Labor Code.
(IV) Information required by Section 10162 of the Public Contract
Code.
(V) Violations of the Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
(VI) Any conviction of any member of the design-build entity of
submitting a false or fraudulent claim to a public agency over the
last five years.
(vii) Provision of a declaration that the design-build entity will
comply with all other provisions of law applicable to the project,
including, but not limited to, the requirements of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code.
(C) The director, when requested by the design-build entity, shall
hold in confidence any information required by clauses (i) to (vi),
inclusive.
(D) Any declaration required under subparagraph (B) shall state
that reasonable diligence has been used in its preparation and that
it is true and complete to the best of the signer's knowledge. A
person who certifies as true any material matter that he or she knows
to be false is guilty of a misdemeanor and shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both the fine and imprisonment.
(3) (A) Determine, as he or she deems in the best interests of the
state, which of the following methods listed in subparagraph (B)
will be used as the process for the winning design-build entity.
The director shall provide a notification to the State Public Works
Board, regarding the method selected for determining the winning
design-build entity, at least 30 days prior to publicizing the
design-build solicitation package.
(B) The director shall make his or her determination by choosing
one of the following methods:
(i) A design-build competition based upon performance, price, and
other criteria set forth by the department in the design-build
solicitation package. The department shall establish technical
criteria and methodology, including price, to evaluate proposals and
shall describe the criteria and methodology in the design-build
solicitation package. Award shall be made to the design-build entity
whose proposal is judged as providing the best value in meeting the
interest of the department and meeting the objectives of the project.
A project with an approved budget of ten million dollars
($10,000,000) or more may be awarded pursuant to this clause.
(ii) A design-build competition based upon performance and other
criteria set forth by the department in the design-build solicitation
package. Criteria used in this evaluation of proposals may include,
but need not be limited to, items such as proposed design approach,
life-cycle costs, project features, and functions. However, any
criteria and methods used to evaluate proposals shall be limited to
those contained in the design-build solicitation package. Award
shall be made to the design-build entity whose proposal is judged as
providing the best value, for the lowest price, meeting the interests
of the department and meeting the objectives of the project. A
project with an approved budget of ten million dollars ($10,000,000)
or more may be awarded pursuant to this clause.
(iii) A design-build competition based upon program requirements
and a detailed scope of work, including any performance criteria and
concept drawings set forth by the department in the design-build
solicitation package. Award shall be made on the basis of the lowest
responsible bid. A project with an approved budget of two hundred
fifty thousand dollars ($250,000) or more may be awarded pursuant to
this clause.
(4) For the purposes of this subdivision, the following
definitions shall apply:
(A) "Best interest of the state" means a design-build process that
is projected by the director to reduce the project delivery schedule
and total cost of a project while maintaining a high level of
quality workmanship and materials, when compared to the traditional
design-bid-build process.
(B) "Best value" means a value determined by objective criteria
that may include, but is not limited to, price, features, functions,
life cycle costs, experience, and other criteria deemed appropriate
by the department.
(d) The Legislature recognizes that the design-build entity is
charged with performing both design and construction. Because a
design-build contract may be awarded prior to the completion of the
design, it is often impracticable for the design-build entity to list
all subcontractors at the time of the award. As a result, the
subcontractor listing requirements contained in Chapter 4 (commencing
with Section 4100) of Part 1 of Division 2 of the Public Contract
Code can create a conflict with the implementation of the
design-build process by requiring all subcontractors to be listed at
a time when a sufficient set of plans may not be available. It is
the intent of the Legislature to establish a clear process for the
selection and award of subcontracts entered into pursuant to this
section in a manner that retains protection for subcontractors while
enabling design-build projects to be administered in an efficient
fashion. Therefore, all of the following requirements shall apply to
subcontractors, licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code,
that are employed on design-build projects undertaken pursuant to
this section:
(1) The department, in each design-build solicitation package, may
identify types of subcontractors, by subcontractor license
classification, that will be listed by the design-build entity at the
time of the bid. In selecting the subcontractors that will be
listed by the design-build entity, the department shall limit the
identification to only those license classifications deemed essential
for proper completion of the project. In no event, however, may the
department specify more than five licensed subcontractor
classifications. In addition, at its discretion, the design-build
entity may list an additional two subcontractors, identified by
subcontractor license classification, that will perform design or
construction work, or both, on the project. In no event shall the
design-build entity list at the time of bid a total amount of
subcontractors that will perform design or construction work, or
both, in a total of more than seven subcontractor license
classifications on a project. All subcontractors that are listed at
the time of bid shall be afforded all of the protection contained in
Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of
the Public Contract Code. All subcontracts that were not listed by
the design-build entity at the time of bid shall be awarded in
accordance with paragraph (2).
(2) All subcontracts that were not to be performed by the
design-build entity in accordance with paragraph (1) shall be
competitively bid and awarded by the design-build entity, in
accordance with the design-build process set forth by the department
in the design-build solicitation package. The design-build entity
shall do all of the following:
(A) Provide public notice of the availability of work to be
subcontracted in accordance with Section 10140 of the Public Contract
Code.
(B) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with Section 10141 of the Public
Contract Code.
(C) As authorized by the department, establish reasonable
prequalification criteria and standards, limited in scope to those
detailed in paragraph (2) of subdivision (c).
(D) Provide that the subcontracted work shall be awarded to the
lowest responsible bidder.
(e) This section shall not be construed and is not intended to
extend or limit the authority specified in Section 19130.
(f) Any design-build entity that is selected to design and
construct a project pursuant to this section shall possess or obtain
sufficient bonding consistent with applicable provisions of the
Public Contract Code. Nothing in this section shall prohibit a
general or engineering contractor from being designated the lead
entity on a design-build entity for the purposes of purchasing
necessary bonding to cover the activities of the design-build entity.
(g) Any payment or performance bond written for the purposes of
this section shall use a bond form developed by the department. In
developing the bond form, the department shall consult with the
surety industry to achieve a bond form that is consistent with surety
industry standards, while protecting the interests of the state.
SEC. 48. Section 15201 of the Government Code is amended to read:
15201. As used in this chapter, "costs incurred by the county"
means all costs, except normal salaries and expenses, incurred by the
county in bringing to trial or trials, including the trial or trials
of, a person or persons for the offense of homicide, including
costs, except normal salaries and expenses, incurred by the district
attorney in investigation and prosecution, by the sheriff in
investigation, by the public defender or court-appointed attorney or
attorneys in investigation and defense, and all other costs, except
normal salaries and expenses, incurred by the county in connection
with bringing the person or persons to trial including the trial
itself, which includes extraordinary expenses for such services as
witness fees and expenses, court-appointed expert witnesses, reporter
fees, and costs in preparing transcripts. Trial costs shall also
include all pretrials, hearings, and postconviction proceedings, if
any. "Costs incurred by the county" do not include any costs paid by
the superior court or for which the superior court is responsible.
SEC. 49. Section 16182 of the Government Code is amended to read:
16182. (a) All sums paid by the Controller under the provisions
of this chapter, together with interest thereon, shall be secured by
a lien in favor of the State of California upon the real property or
a mobilehome for which property taxes have been postponed, or both.
In the case of a residential dwelling which is part of a larger
parcel taxed as a unit, such as a duplex, farm, or multipurpose or
multidwelling building, the lien shall be against the entire tax
parcel.
(b) In the case of real property:
(1) The lien shall be evidenced by a notice of lien for postponed
property taxes executed by the Controller, or the authorized delegate
of the Controller, and shall secure all sums paid or owing pursuant
to this chapter, including amounts paid subsequent to the initial
payment of postponed taxes on the real property described in the
notice of lien.
(2) The notice of lien may bear the facsimile signature of the
Controller. Each signature shall be that of the person who shall be
in the office at the time of execution of the notice of lien;
provided, however, that such notice of lien shall be valid and
binding notwithstanding any such person having ceased to hold the
office of Controller before the date of recordation.
(3) The form and contents of the notice of lien for postponed
property taxes shall be prescribed by the Controller and shall
include, but not be limited to, the following:
(A) The names of all record owners of the real property for which
the Controller has advanced funds for the payment of real property
taxes.
(B) A description of the real property for which real property
taxes have been paid.
(C) The identification number of the notice of lien which has been
assigned the lien by the Controller.
(4) The notice of lien shall be recorded in the office of the
county recorder for the county in which the real property subject to
the lien is located.
(5) The recorded notice of lien shall be indexed in the Grantor
Index to the names of all record owners of the real property and in
the Grantee Index to the Controller of the State of California.
(6) After the notice of lien has been duly recorded and indexed,
it shall be returned by the county recorder to the office of the
Controller. The recorder shall provide the county tax collector with
a copy of the notice of lien which has been recorded by the
Controller.
(7) From the time of recordation of a notice of lien for postponed
property taxes, a lien shall attach to the real property described
therein and shall have the priority of a judgment lien for all
amounts secured thereby, except that the lien shall remain in effect
until either of the following occurs:
(A) It is released by the Controller in the manner prescribed by
Section 16186.
(B) The foreclosure or sale of an obligation secured by a lien
which is senior in priority to the lien of the State of California.
(c) In the case of mobilehomes:
(1) The lien shall be evidenced by a notice of lien for postponed
property taxes executed by the Controller, or the authorized delegate
of the Controller, and shall secure all sums paid or owing pursuant
to this chapter.
(2) The notice of lien may bear the facsimile signature of the
Controller. The signature shall be that of the person who is in the
office at the time of execution of the notice of lien. However, the
notice of lien is valid and binding notwithstanding the person having
ceased to hold the office of Controller before the date of filing.
(3) The form and contents of the notice of lien for postponed
property taxes shall be prescribed by the Controller and shall
include, but not be limited to, all of the following:
(A) The name or names of the registered owner or owners, legal
owner or owners, if different than the registered owner or owners and
the names, if any, of all junior lienholders.
(B) The identification number of the notice of lien which has been
assigned the lien by the Controller.
(4) The notice of lien shall be transmitted to the Department of
Housing and Community Development at its office in Sacramento,
California.
(5) Upon receipt of the notice of lien for postponed property
taxes from the Controller, the Department of Housing and Community
Development shall amend the permanent title record of the mobilehome
to reflect that the property taxes on the mobilehome are subject to
postponement.
(6) The Department of Housing and Community Development shall
provide the Controller with an acknowledgement of receipt and
amendment of the permanent title record.
(7) From the time the Department of Housing and Community
Development receives the notice of lien from the Controller, the
department shall impose a moratorium on any other amendments to the
permanent title record of the mobilehome for purposes of transferring
any ownership interest or transferring or creating any security
interest in the mobilehome, until released by the Controller in the
manner prescribed by Section 16186 or an authorization for the
amendments is given by the Controller in writing.
(d) From the time of filing a notice of lien, a lien shall attach
to the mobilehome for which eligibility for the postponement of
property taxes has been granted.
(e) Notwithstanding any other provision in this section, any
action required of a local agency by this section in order to give
effect to the Senior Citizens Mobilehome Property Tax Postponement
Law (Chapter 3.3 (commencing with Section 20639) of Part 10.5 of
Division 2 of the Revenue and Taxation Code, and that has been
determined by the Commission on State Mandates to be a reimbursable
mandate, shall be optional.
SEC. 50. Section 16320 of the Government Code is amended to read:
16320. (a) Unless otherwise prohibited by law, moneys in the
State Treasury may be loaned from one state fund or account to any
other state fund or account to address the 2001-02, 2002-03, and
2003-04 fiscal year budgetary shortfalls, subject to all of the
following conditions:
(1) The loan is authorized in the 2002 Budget Act, legislation
enacted in a 2003-04 Extraordinary Session, or the 2003 Budget Act.
(2) The terms and conditions of the loan, including an interest
rate, are set forth in the loan authorization.
(3) The loan is considered part of the balance of the fund or
account that received the funds for the purpose of accounting and
budgeting, including any determination made pursuant to Section
13307.
(4) The loan is not deducted from the balance of the fund or
account from which the loan is made for purposes of calculating a fee
or assessment.
(5) A fee or assessment is not increased as a result of a loan.
(6) Moneys loaned under this section are not considered a transfer
of resources for purposes of determining the legality of the use of
those moneys by the fund or account from which the loan is made or
the fund or account that received the loan.
(b) (1) The Director of Finance shall order the repayment of all
or a portion of any loan made pursuant to subdivision (a) if he or
she determines that either of the following circumstances exists:
(A) The fund or account from which the loan was made has a need
for the moneys.
(B) There is no longer a need for the moneys in the fund or
account that received the loan.
(2) The Director of Finance shall notify, in writing, the
Chairperson of the Joint Legislative Budget Committee within 30 days
of ordering the repayment of any of these loans.
(c) On August 1 of each year, the Director of Finance shall report
in writing to the Chairperson of the Joint Legislative Budget
Committee the balances of these loans as of the preceding June 30.
(d) On February 1 of each year, the Director of Finance shall
provide a report on General Fund obligations to the Chairperson of
the Joint Legislative Budget Committee and to the chairpersons of the
fiscal committees of the Assembly and the Senate. The report shall
include both of the following:
(1) An update of the annual August 1 report to the Chairperson of
the Joint Legislative Budget Committee on the balances of outstanding
loans, as reflected in the preceding Governor's Budget.
(2) A summary and list of loans to the General Fund or obligations
for future payment of deferred or suspended expenditures or
transfers to any special fund or account and the dates that the loans
or obligations are due.
SEC. 51. Section 16351 of the Government Code is amended to read:
16351. (a) When any special fund in the treasury is exhausted,
and there is money in the General Fund not required to meet any
demand which has accrued or may accrue against it, the Controller
shall so report to the Governor and the Treasurer. If the Governor
and Treasurer find that the money is not needed in the General Fund,
the Governor may order the Controller to transfer that money, or any
part thereof, to the special fund in need.
(b) Money transferred pursuant to subdivision (a) shall be
returned to the General Fund as soon as there is sufficient money in
the special fund to return it.
(c) If sufficient money does not accumulate in the special fund
within one year, the amount of money transferred or whatever portion
of that amount is in the fund at that time shall be then returned,
and the balance, if any, shall be returned thereafter in monthly
installments as it accumulates. Any fund which fails
to return the full amount of any
transfer within one year from and after the transfer is ineligible to
receive further transfers until it has returned the full amount.
SEC. 52. Section 16427 of the Government Code is amended to read:
16427. (a) For purposes of this article, "department" means the
Department of Justice.
(b) The fund is under the control of the department. The
department shall maintain accounting records pertaining to the fund,
including subsidiary records of individual litigation deposits and
the disbursements from the fund.
(c) The department shall file a claim with the Controller to pay
out money in the fund to whomever and at the time the department
directs. However, if a sum of money in the fund was deposited
pursuant to order or direction of the court, that sum shall be paid
to whomever and at the time the court directs.
(d) The department shall notify the Department of Finance no later
than 15 days after a transfer from the fund.
(e) Any residue remaining in a deposit account after satisfaction
of all court-directed claims, or payment of departmental expenditures
for that account shall be transferred no later than July 1 of each
fiscal year to the General Fund.
(f) The department shall prepare and submit to the chairperson of
the Joint Legislative Budget Committee, the chairpersons of the
fiscal committees of the Senate and the Assembly, and the Director of
Finance, quarterly reports concerning the activity of the fund that
detail the number of deposits received, the receipt of interest
income, disbursements to claimants, and what amount, if any, was used
for the litigation costs of the department.
SEC. 53. Section 23344 of the Government Code is amended to read:
23344. (a) The commission may borrow those moneys as may be
necessary to meet its expenses until the costs of the commission have
been determined pursuant to Section 23343.
(b) As an alternative to the procedure authorized by subdivision
(a), the Controller, upon appropriation by the Legislature from the
General Fund, shall loan those moneys as the commission shall
determine necessary to meet its expenses until the costs have been
determined pursuant to Section 23343. The loan shall be at an
interest rate equal to that of the Pooled Money Investment Fund at
the time the loan is made.
(c) Loans made pursuant to this section may not exceed a total of
four hundred thousand dollars ($400,000) for each commission, and
shall be repaid within one year of the date on which the issue of
county formation was voted on by the people.
(d) Any repayments on loans made pursuant to this section,
including interest, received by the Controller shall be deposited in
the General Fund.
(e) If the loans made pursuant to this section are not repaid, the
Controller is authorized to reduce the moneys allocated to the
county to which the loan was made by an amount equal to the amount
that is owed to the state. This reduction shall be made from the
subventions made pursuant to Sections 16100 and 16120.
SEC. 54. Section 27297.5 of the Government Code is amended to
read:
27297.5. (a) Upon recordation of an abstract of judgment or other
document creating an involuntary lien affecting the title to real
property, unless the county recorder has received from the judgment
creditor proof of service pursuant to subdivision (b) of a copy of
the document being recorded, the county recorder may, whenever the
recorded document evidencing such lien contains the address of the
person or persons against whom the involuntary lien is recorded or
the address of the judgment debtor's attorney of record, within 10
days notify the person or persons or attorney of record by mail of
the recordation.
(b) As an alternative to notice by the recorder, the judgment
creditor or lienholder may serve upon the person or persons against
whom the abstract of judgment or document creating an involuntary
lien is to be recorded, a copy thereof in one of the following ways:
(1) By personal delivery. Proof of service pursuant to this
paragraph shall be shown by the affidavit of the person making the
service, showing the time, place, and manner of service, the name and
address of the person served, and any other facts necessary to show
that service was made in accordance with this paragraph. If there is
no address for a person to be served known to the judgment creditor
or lienholder, he or she shall append to the abstract of judgment or
involuntary lien an affidavit to that effect.
(2) By leaving it at the person's residence or place of business
in the care of some person in charge. Proof of service pursuant to
this paragraph shall be shown by the affidavit of the person making
the service, showing the time, place, and manner of service, the name
and address of the person served, together with the title or
capacity of the person accepting service, and any other facts
necessary to show that service was made in accordance with this
paragraph.
(3) By registered or certified mail, postage prepaid, addressed to
the person's residence or place of business. This service is
complete at the time of mailing. Proof of service pursuant to this
paragraph shall be shown by an affidavit setting forth the fact of
service, the name and residence or business address of the person
making this service, showing that he or she is a resident of, or
employed in, the county where the mailing occurs, the fact that he or
she is over the age of 18 years, the date and place of deposit in
the mail, the name and address of the person served as shown on the
envelope, and the fact that the envelope was sealed and deposited in
the mail, with the postage thereon fully prepaid, and sent by
registered or certified mail.
(c) The judgment creditor may add the actual cost of service
pursuant to subdivision (b) to the judgment or involuntary lien. The
costs shall not exceed the cost had the abstract of judgment or
involuntary lien been recorded pursuant to subdivision (a).
(d) As used in this section, "involuntary lien" means a lien that
the person or persons against whom the lien is recorded has not
executed or has not consented to by contract.
(e) This section shall not apply to the recordation of any
documents relating to an involuntary lien in favor of the federal
government pursuant to federal law or statute or to the recordation
of any state tax lien against real property.
(f) The failure of the county recorder or a judgment creditor or
lienholder to notify the person or persons against whom an abstract
of judgment or involuntary lien is recorded as authorized by this
section shall not affect the constructive notice otherwise imparted
by recordation, nor shall it affect the force, effect, or priority
otherwise accorded the lien.
(g) In the event that the notice is returned to the recorder by
the postal service as undeliverable, the recorder is not required to
retain the returned notice.
(h) In recognition of the state and local interests served by the
action made optional in subdivision (a), the Legislature encourages
local agencies to continue taking the action formerly mandated by
this section. However, nothing in this subdivision may be construed
to impose any liability on a local agency that does not continue to
take the formerly mandated action.
SEC. 54.5. Section 29550 of the Government Code is amended to
read:
29550. (a) (1) Notwithstanding any other provision of law, a
county may impose a fee upon a city, special district, school
district, community college district, college, or university for
reimbursement of county expenses incurred with respect to the booking
or other processing of persons arrested by an employee of that city,
special district, school district, community college district,
college, or university, where the arrested persons are brought to the
county jail for booking or detention. The fee imposed by a county
pursuant to this section shall not exceed the actual administrative
costs, including applicable overhead costs as permitted by federal
Circular A-87 standards, as defined in subdivision (d), incurred in
booking or otherwise processing arrested persons. For the 2005-06
fiscal year and each fiscal year thereafter, the fee imposed by a
county pursuant to this subdivision shall not exceed one-half of the
actual administrative costs, including applicable overhead costs as
permitted by federal Circular A-87 standards, as defined in
subdivision (d), incurred in booking or otherwise processing arrested
persons. A county may submit an invoice to a city, special
district, school district, community college district, college, or
university for these expenses incurred by the county on and after
July 1, 1990. Counties shall fully disclose the costs allocated as
federal Circular A-87 overhead.
(2) Any increase in a fee charged pursuant to this section shall
be adopted by a county prior to the beginning of its fiscal year and
may be adopted only after the county has provided each city, special
district, school district, community college district, college, or
university 45 days written notice of a public meeting held pursuant
to Section 54952.2 on the fee increase and the county has conducted
the public meeting.
(3) Any county that imposes a fee pursuant to this section shall
negotiate a reduced fee with any city, special district, school
district, community college district, college, or university within
the county for any services that are performed by the arresting
agency in the processing of arrestees that do not have to be
duplicated by the county.
(4) This subdivision shall not apply to counties that are under a
contractual agreement with a city, special district, school district,
community college district, college, or university within the county
that is subject to the fee.
(b) The exemption of a local agency from the payment of a fee
pursuant to this subdivision does not exempt the person arrested from
the payment of fees for booking or other processing.
(1) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests on any bench warrant for
failure to appear in court, nor on any arrest warrant issued in
connection with a crime not committed within the entity's
jurisdiction.
(2) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for a person who is ordered by a court to
be remanded to the county jail except that a county may charge a fee
to recover those direct costs for those functions required to book a
person pursuant to subdivision (g) of Section 853.6 of the Penal
Code.
(3) Notwithstanding subdivision (a), a city, special district,
school district, community college district, college, or university
shall not be charged fees for arrests made pursuant to arrest
warrants originating outside of its jurisdiction.
(4) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university on parole violation arrests or
probation-ordered returns to custody, unless a new charge has been
filed for a crime committed in the jurisdiction of the arresting
city, district, college, or university.
(5) An agency making a mutual aid request shall pay fees in
accordance with subdivision (a) that result from arrests made in
response to the mutual aid request except that in the event the
Governor declares a state of emergency, no agency shall be charged
fees for any arrest made during any riot, disturbance, or event that
is subject to the declaration.
(6) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for the arrest of a prisoner who has escaped
from a county, state, or federal detention or corrections facility.
(7) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university for arrestees held in temporary detention at
a court facility for purposes of arraignment when the arrestee has
been previously booked at an entity detention facility.
(8) Notwithstanding subdivision (a), no fees shall be charged to a
city, special district, school district, community college district,
college, or university as the result of an arrest made by its
officer assigned to a formal multiagency task force in which the
county is a participant. For the purposes of this section, "formal
task force" means a task force that has been established by written
agreement of the participating agencies.
(9) In those counties where the cities and the county participate
in a consolidated booking program and where prior to arraignment an
arrestee is transferred from a city detention facility to a county
detention facility, the city shall not be charged for those tasks
listed in subdivision (d) that are a part of the consolidated booking
program which were completed by the city prior to delivering the
arrestee to the county detention facility. However, the county may
charge the actual administrative costs for those additional tasks
listed in subdivision (d) that are performed in order to receive the
arrestee into the county detention facility. For the 2005-06 fiscal
year and each fiscal year thereafter, the county may charge up to
one-half of the actual administrative costs for those additional
tasks listed in subdivision (d) that are performed in order to
receive the arrestee into the county detention facility.
(c) Any county whose officer or agent arrests a person is entitled
to recover from the arrested person a criminal justice
administration fee for administrative costs it incurs in conjunction
with the arrest if the person is convicted of any criminal offense
related to the arrest, whether or not it is the offense for which the
person was originally booked. The fee which the county is entitled
to recover pursuant to this subdivision shall not exceed the actual
administrative costs, including applicable overhead costs incurred in
booking or otherwise processing arrested persons.
(d) When the court has been notified in a manner specified by the
court that a criminal justice administration fee is due the agency:
(1) A judgment of conviction may impose an order for payment of
the amount of the criminal justice administration fee by the
convicted person, and execution may be issued on the order in the
same manner as a judgment in a civil action, but shall not be
enforceable by contempt.
(2) The court shall, as a condition of probation, order the
convicted person, based on his or her ability to pay, to reimburse
the county for the criminal justice administration fee, including
applicable overhead costs.
(e) As used in this section, "actual administrative costs" include
only those costs for functions that are performed in order to
receive an arrestee into a county detention facility. Operating
expenses of the county jail facility including capital costs and
those costs involved in the housing, feeding, and care of inmates
shall not be included in calculating "actual administrative costs."
"Actual administrative costs" may include the cost of notifying any
local agency, special district, school district, community college
district, college or university of any change in the fee charged by a
county pursuant to this section. "Actual administrative costs" may
include any one or more of the following as related to receiving an
arrestee into the county detention facility:
(1) The searching, wristbanding, bathing, clothing,
fingerprinting, photographing, and medical and mental screening of an
arrestee.
(2) Document preparation, retrieval, updating, filing, and court
scheduling related to receiving an arrestee into the detention
facility.
(3) Warrant service, processing, and detainer.
(4) Inventory of an arrestee's money and creation of cash
accounts.
(5) Inventory and storage of an arrestee's property.
(6) Inventory, laundry, and storage of an arrestee's clothing.
(7) The classification of an arrestee.
(8) The direct costs of automated services utilized in paragraphs
(1) to (7), inclusive.
(9) Unit management and supervision of the detention function as
related to paragraphs (1) to (8), inclusive.
(f) An administrative screening fee of twenty-five dollars ($25)
shall be collected from each person arrested and released on his or
her own recognizance upon conviction of any criminal offense related
to the arrest other than an infraction. A citation processing fee in
the amount of ten dollars ($10) shall be collected from each person
cited and released by any peace officer in the field or at a jail
facility upon conviction of any criminal offense, other than an
infraction, related to the criminal offense cited in the notice to
appear. However, the court may determine a lesser fee than otherwise
provided in this subdivision upon a showing that the defendant is
unable to pay the full amount. All fees collected pursuant to this
subdivision shall be transmitted by the county auditor monthly to the
Controller for deposit in the General Fund. This subdivision
applies only to convictions occurring on or after the effective date
of the act adding this subdivision and prior to June 30, 1996.
SEC. 55. Section 29550.4 of the Government Code is amended to
read:
29550.4. (a) (1) Notwithstanding Section 13340, the sum of up to
fifty million dollars ($50,000,000) is hereby continuously
appropriated annually from the General Fund to the Controller
commencing with the 1999-2000 fiscal year for allocation to cities
and qualified special districts for reimbursement for actual costs
incurred by cities and qualified special districts in the payment of
booking and processing fees pursuant to this article. For the
1999-2000 fiscal year, this appropriation shall be allocated to
cities and qualified special districts for reimbursement for actual
costs incurred by them during the period July 1, 1997, to July 1,
1998. If the actual costs incurred by cities and qualified special
districts during the period of July 1, 1997, to July 1, 1998, in the
payment to counties of booking and processing fees is greater than
fifty million dollars ($50,000,000), then the Controller shall
prorate the reimbursement to each city and qualified special district
accordingly.
(2) For the 2004-05 fiscal year, no county shall assess a booking
or processing fee pursuant to this article in excess of the fee in
place on January 1, 2004.
(b) Not later than December 1, 1999, the Controller shall allocate
the funds appropriated pursuant to subdivision (a) to all qualified
cities and qualified special districts and shall certify to the
Director of Finance the actual amount of money allocated to cities
and qualified special districts for the payment of booking and
processing fees pursuant to subdivision (a).
(c) Notwithstanding any other provision of this article, any city
that pays booking and processing fees to another city is eligible for
reimbursement pursuant to this section on the same basis as a city
that pays booking and processing fees to a county. The amount of
reimbursement for a city shall be based on the processing fees
charged by the county in which that city is located. This
subdivision shall apply to reimbursements beginning in the 2000-01
fiscal year based on costs incurred in the 1997-98 fiscal year.
(d) Any city or qualified special district that applies for
reimbursement pursuant to this section shall comply with all requests
made by the Controller. Any city or qualified special district that
contracts with a county for the payment of those fees shall be
ineligible for reimbursement pursuant to this section. A city that
has entered into a memorandum of understanding with its county
effective May 17, 1994, which agreement allows for the payment of
prepaid annual rent to satisfy the city's booking fee obligation,
shall be eligible to receive reimbursement pursuant to this section.
(e) Any qualified city that did not apply for reimbursement
pursuant to this section at the time required to receive funds
allocated by the Controller not later than December 1, 1999, in the
1999-2000 fiscal year may apply for that reimbursement by October 1,
2000. Any qualified special district may apply to the Controller for
reimbursement pursuant to this section for the 1999-2000 fiscal year
by October 1, 2000.
(f) For the purposes of this section, "qualified special district"
means both of the following:
(1) A district that supplants the law enforcement functions of the
county within the jurisdiction of that district.
(2) A district that employs peace officers, as described in
Section 830.1 of the Penal Code, who are certified as meeting those
standards and requirements established pursuant to Article 2
(commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of
the Penal Code.
(g) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2006, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 55.5. Section 30070 of the Government Code is amended to
read:
30070. (a) The sum of eighteen million five hundred thousand
dollars ($18,500,000) is hereby annually appropriated from the
General Fund to the Controller for allocation to county sheriffs'
departments to enhance law enforcement efforts in the counties
specified in paragraphs (1) to (37), inclusive, according to the
following schedule:
(1) Alpine County .................. 500,000
(2) Amador County .................. 500,000
(3) Butte County ................... 500,000
(4) Calaveras County ............... 500,000
(5) Colusa County .................. 500,000
(6) Del Norte County ............... 500,000
(7) El Dorado County................ 500,000
(8) Glenn County ................... 500,000
(9) Humboldt County ................ 500,000
(10) Imperial County ............... 500,000
(11) Inyo County ................... 500,000
(12) Kings County .................. 500,000
(13) Lake County ................... 500,000
(14) Lassen County ................. 500,000
(15) Madera County ................ 500,000
(16) Marin County .................. 500,000
(17) Mariposa County ............... 500,000
(18) Mendocino County .............. 500,000
(19) Merced County ................. 500,000
(20) Modoc County .................. 500,000
(21) Mono County ................... 500,000
(22) Napa County ................... 500,000
(23) Nevada County ................. 500,000
(24) Placer County ................. 500,000
(25) Plumas County ................. 500,000
(26) San Benito County.............. 500,000
(27) San Luis Obispo County ........ 500,000
(28) Santa Cruz County ............. 500,000
(29) Shasta County ................. 500,000
(30) Sierra County ................. 500,000
(31) Siskiyou County ............... 500,000
(32) Sutter County ................. 500,000
(33) Tehama County ................. 500,000
(34) Trinity County ................ 500,000
(35) Tuolumne County ............... 500,000
(36) Yolo County ................... 500,000
(37) Yuba County ................... 500,000
(b) Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement resources.
(c) The appropriation and allocation of funds to county sheriffs'
departments under this section shall be suspended for the 2003-04
fiscal year.
SEC. 56. Section 63021.5 of the Government Code is amended to
read:
63021.5. (a) The bank shall be governed and its corporate power
exercised by a board of directors that shall consist of the following
persons:
(1) The Director of Finance or his or her designee.
(2) The Treasurer or his or her designee.
(3) The Secretary of Business, Transportation and Housing or his
or her designee, who shall serve as chair of the board.
(4) An appointee of the Governor.
(5) The Secretary of State and Consumer Services Agency or his or
her designee.
(b) Any designated director shall serve at the pleasure of the
designating power.
(c) Three of the members shall constitute a quorum and the
affirmative vote of three board members shall be necessary for any
action to be taken by the board.
(d) A member of the board shall not participate in any bank action
or attempt to influence any decision or recommendation by any
employee of, or consultant to, the bank that involves a sponsor of
which he or she is a representative or in which the member or a
member of his or her immediate family has a personal financial
interest within the meaning of Section 87100. For purposes of this
section, "immediate family" means the spouse, children, and parents
of the member.
(e) Except as provided in this subdivision, the members of the
board shall serve without compensation, but shall be reimbursed for
actual and necessary expenses incurred in the performance of their
duties to the extent that reimbursement for these expenses is not
otherwise provided or payable by another public agency, and shall
receive one hundred dollars ($100) for each full day of attending
meetings of the authority.
SEC. 57. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development
of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, and
mobilehomes, and shall make adequate provision for the existing and
projected needs of all economic segments of the community. The
element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
documentation of projections and a qualification of the locality's
existing and
projected housing needs for all income levels. These existing and
projected needs shall include the locality's share of the regional
housing need in accordance with Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites.
(4) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels and for persons with disabilities as identified in the
analysis pursuant to paragraph (6), including land use controls,
building codes and their enforcement, site improvements, fees and
other exactions required of developers, and local processing and
permit procedures. The analysis shall also demonstrate local efforts
to remove governmental constraints that hinder the locality from
meeting its share of the regional housing need in accordance with
Section 65584 and from meeting the need for housing for persons with
disabilities identified pursuant to paragraph (6).
(5) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(6) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons in
need of emergency shelter. The department shall adopt regulations
to implement this paragraph, including parts of this paragraph
determined by the department or any other state agency or a court to
be a reimbursable state mandate. For any revision of a housing
element required pursuant to Section 65588 that occurs subsequent to
the adoption of those regulations, any actions undertaken by the
locality beyond those specified in the regulations are at that
locality's option and are not required by this section.
(7) At the option of local government, an analysis of
opportunities for energy conservation with respect to residential
development.
(8) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment,
or expiration of restrictions on use. "Assisted housing
developments," for the purpose of this section, shall mean
multifamily rental housing that receives governmental assistance
under federal programs listed in subdivision (a) of Section 65863.10,
state and local multifamily revenue bond programs, local
redevelopment programs, the federal Community Development Block Grant
Program, or local in-lieu fees. "Assisted housing developments"
shall also include multifamily rental units that were developed
pursuant to a local inclusionary housing program or used to qualify
for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project-by-project
cost estimate.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community. In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing.
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300). Under these circumstances, the quantified objectives
need not be identical to the total housing needs. The quantified
objectives shall establish the maximum number of housing units by
income category that can be constructed, rehabilitated, and conserved
over a five-year time period.
(c) A program which sets forth a five-year schedule of actions the
local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
element through the administration of land use and development
controls, provision of regulatory concessions and incentives, and the
utilization of appropriate federal and state financing and subsidy
programs when available and the utilization of moneys in a low- and
moderate-income housing fund of an agency if the locality has
established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the
Health and Safety Code). In order to make adequate provision for
the housing needs of all economic segments of the community, the
program shall do all of the following:
(1) (A) Identify adequate sites which will be made available
through appropriate zoning and development standards and with
services and facilities, including sewage collection and treatment,
domestic water supply, and septic tanks and wells, needed to
facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing,
factory-built housing, mobilehomes, housing for agricultural
employees, emergency shelters, and transitional housing in order to
meet the community's housing goals as identified in subdivision (b).
(i) Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the
need for groups of all household income levels pursuant to Section
65584, the program shall provide for sufficient sites with zoning
that permits owner-occupied and rental multifamily residential use by
right, including density and development standards that could
accommodate and facilitate the feasibility of housing for very low
and low-income households.
(ii) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
need for farmworker housing, the program shall provide for sufficient
sites to meet the need with zoning that permits farmworker housing
use by right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
(B) For purposes of this paragraph, the phrase "use by right"
shall mean the use does not require a conditional use permit, except
when the proposed project is a mixed-use project involving both
commercial or industrial uses and residential uses. Use by right for
all rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
(C) The requirements of this subdivision regarding identification
of sites for farmworker housing shall apply commencing with the next
revision of housing elements required by Section 65588 following the
enactment of this subparagraph.
(2) Assist in the development of adequate housing to meet the
needs of low- and moderate-income households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove
constraints to, or provide reasonable accommodations for housing
designed for, intended for occupancy by, or with supportive services
for, persons with disabilities.
(4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) (A) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a).
The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state,
and local financing and subsidy programs identified in paragraph (8)
of subdivision (a), except where a community has other urgent needs
for which alternative funding sources are not available. The program
may include strategies that involve local regulation and technical
assistance.
(B) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals. The local
government shall make a diligent effort to achieve public
participation of all economic segments of the community in the
development of the housing element, and the program shall describe
this effort.
(d) The analysis and program for preserving assisted housing
developments required by the amendments to this section enacted by
the Statutes of 1989 shall be adopted as an amendment to the housing
element by July 1, 1992.
(e) Failure of the department to review and report its findings
pursuant to Section 65585 to the local government between July 1,
1992, and the next periodic review and revision required by Section
65588, concerning the housing element amendment required by the
amendments to this section by the Statutes of 1989, shall not be used
as a basis for allocation or denial of any housing assistance
administered pursuant to Part 2 (commencing with Section 50400) of
Division 31 of the Health and Safety Code.
SEC. 58. Section 65584.1 is added to the Government Code, to read:
65584.1. Councils of government may charge a fee to local
governments to cover the projected reasonable, actual costs of the
council in distributing regional housing needs pursuant to this
article. Any fee shall not exceed the estimated amount required to
implement its obligations under this article. A city, county, or
city and county may charge a fee, including, but not limited to, a
fee pursuant to Section 65104 to support the work of the planning
agency pursuant to this article, and to reimburse it for the cost of
any fee charged by the council of government to cover the council's
actual costs in distributing regional housing needs. The legislative
body of the city, county, or city and county shall impose any fee
pursuant to Section 66016. This section is declaratory of existing
law.
SEC. 59. Section 65584.2 is added to the Government Code, to read:
65584.2. A local government may, but is not required to, conduct
a review or appeal regarding allocation data provided by the
department or the council of governments pertaining the locality's
share of the regional housing need or the submittal of data or
information for a proposed allocation, as permitted by this article.
SEC. 60. Section 68511.8 is added to the Government Code, to read:
68511.8. (a) On or before December 1 of each year until project
completion, the Judicial Council shall provide an annual status
report to the chairperson of the budget committee in each house of
the Legislature and the chairperson of the Joint Legislative Budget
Committee with regard to the California Case Management System and
Court Accounting and Reporting System. The report shall include, but
is not limited to, all of the following:
(1) Project accomplishments to date.
(2) Project activities underway.
(3) Proposed activities.
(4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
(b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System. The independent project
oversight report shall include, but is not limited to, a review and
an assessment of project activities, identification of deficiencies,
and recommendations to the Administrative Office of the Courts on how
to address those deficiencies. The Administrative Office of the
Courts shall include in the annual submission descriptions on actions
taken to address identified deficiencies.
(c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
SEC. 61. Section 69926.5 of the Government Code is amended to
read:
69926.5. (a) To ensure and maintain adequate funding for court
security, a surcharge of twenty dollars ($20) is added to the total
fee collected pursuant to Section 26820.4, 26826, 26827, 72055, or
72056.
(b) In addition to the surcharge in subdivision (a), a surcharge
of twenty dollars ($20) is added to the total filing fee collected in
a case pursuant to Section 26820.4, 26826, or 26827, a surcharge of
twenty dollars ($20) is added to the total filing fee collected in a
limited civil case pursuant to Section 72055 or 72056 where the
amount demanded, excluding attorney's fees and costs, is in excess of
ten thousand dollars ($10,000), and a surcharge of ten dollars ($10)
is added to the total filing fee collected in a limited civil case
pursuant to Section 72055 or 72056 where the amount demanded,
excluding attorney's fees and costs, is ten thousand dollars
($10,000), or less. The surcharges in this subdivision shall be
collected in cases filed from January 1, 2004, to June 30, 2005,
inclusive. The purpose of this surcharge is to stabilize funding for
court security at the current level and is not intended to increase
the funding available for court security in the 2004-05 fiscal year.
This subdivision shall become inoperative on July 1, 2005, or upon
the enactment of a uniform filing fee, whichever is earlier.
(c) Notwithstanding any other provision of law, the surcharges
collected pursuant to subdivisions (a) and (b) shall all be deposited
in a special account in the county treasury, and transmitted
therefrom monthly to the Controller for deposit in the Trial Court
Trust Fund.
SEC. 62. Section 69957 of the Government Code is amended to read:
69957. Whenever an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all the testimony, the objections
made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. A transcript
derived from an electronic recording may be utilized whenever a
transcript of court proceedings is required. The electronic
recording device and appurtenant equipment shall be of a type
approved by the Judicial Council for courtroom use and shall only be
purchased for use as provided by this section. A court shall not
expend funds for electronic recording technology or equipment to make
an unofficial record of an action or proceeding or to use that
technology or equipment to make the official record of an action or
proceeding in circumstances not authorized by this section.
SEC. 63. Section 69958 is added to the Government Code, to read:
69958. Each superior court shall report to the Judicial Council
on or before October 1, 2004, and semiannually thereafter, and the
Judicial Council shall report to the Legislature on or before
December 31, 2004, and semiannually thereafter, regarding all
purchases and leases of electronic recording equipment that will be
used to record superior court proceedings, specifying all of the
following:
(a) The Superior Court in which the equipment will be used.
(b) The types of trial court proceedings in which the equipment
will be used.
(c) The cost of purchasing, leasing, or upgrading the equipment.
(d) The type of equipment purchased or leased.
SEC. 64. Section 71601 of the Government Code is amended to read:
71601. For purposes of this chapter, the following definitions
shall apply:
(a) "Appointment" means the offer to and acceptance by a person of
a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
(b) "Employee organization" means either of the following:
(1) Any organization that includes trial court employees and has
as one of its primary purposes representing those employees in their
relations with that trial court.
(2) Any organization that seeks to represent trial court employees
in their relations with that trial court.
(c) "Hiring" means appointment as defined in subdivision (a).
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The
process should include adequate time for the resolution of impasses
where specific procedures for resolution are contained in this
chapter or in a local rule, or when the procedures are utilized by
mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
(h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under Rules 2201 to 2210, inclusive, of the California Rules of
Court, as those rules read on April 23, 1997, Sections 70210 to
70219, inclusive, or Article 3 (commencing with Section 71630) of
this chapter.
(i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, referee, traffic
referee, juvenile referee, and judge pro tempore.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means a superior court or a municipal court.
(l) "Trial court employee" means a person who is both of the
following:
(1) Paid from the trial court's budget, regardless of the funding
source. For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
(2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
(m) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision (l) are true irrespective of
job classification or whether the functions performed by that person
are identified in Rule 810 of the California Rules of Court. The
phrase "trial court employee" includes those subordinate judicial
officers who satisfy paragraphs (1) and (2) of subdivision (l). The
phrase "trial court employee" does not include temporary employees
hired through agencies, jurors, individuals hired by the trial court
pursuant to an independent contractor agreement, individuals for whom
the county or trial court reports income to the Internal Revenue
Service on a Form 1099 and does not withhold employment taxes,
sheriffs, and judges whether elected or appointed. Any temporary
employee, whether hired through an agency or not, shall not be
employed in the trial court for a period exceeding 180 calendar days,
except that for court reporters in a county of the first class, a
trial court and a recognized employee organization may provide
otherwise by mutual agreement in a memorandum of understanding or
other agreement.
SEC. 65. Section 71630 of the Government Code is amended to read:
71630. (a) It is the purpose of this article to promote full
communication between trial courts and their employees by providing a
reasonable method for resolving disputes regarding wages, hours, and
other terms and conditions of employment between trial courts and
recognized employee organizations. It is also the purpose of this
article to promote the improvement of personnel management and
employer-employee relations within the trial courts in the state by
providing a uniform basis for recognizing the right of trial court
employees to join organizations of their own choice and to be
represented by those organizations in their employment relations with
trial courts. It is also the purpose of this article to extend to
trial court employees the right, and to require trial courts, to meet
and confer in good faith over matters within the scope of
representation, consistent with the procedures set forth in this
article. This article is not intended to require changes in existing
representation units, memoranda of agreement or understanding, or
court rules, except as provided in this article.
(b) The Legislature finds and declares that the duties and
responsibilities of trial court representatives under this article
are substantially similar to the duties and responsibilities required
under existing collective bargaining enforcement procedures and
therefore the costs incurred by the trial court representatives in
performing those duties and responsibilities under this article are
not reimbursable as state-mandated costs.
SEC. 66. Section 71636 of the Government Code is amended to read:
71636. (a) A trial court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
a recognized employee organization or organizations, for the
administration of employer-employee relations under this article.
These rules and regulations may include provisions for:
(1) Verifying that an organization does in fact represent
employees of the trial court.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the trial court or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 71631.
(5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
(7) Use of official bulletin boards
and other means of communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Any other matters as are necessary to carry out the purposes
of this article.
(b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
(c) No trial court shall unreasonably withhold recognition of
employee organizations. A trial court may not offer to provide
employees benefits of any kind for the purpose of inducing those
employees to decertify or withdraw support from a recognized employee
organization.
(d) Pursuant to the obligation to meet and confer in good faith,
the trial court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
(e) Trial court employees and employee organizations shall be able
to challenge a rule or regulation of a trial court as a violation of
this chapter.
SEC. 67. Section 71639.1 of the Government Code is repealed.
SEC. 68. Section 71639.1 is added to the Government Code, to read:
71639.1. (a) As used in this article, "board" means the Public
Employment Relations Board established pursuant to Section 3541.
(b) The powers and duties of the board described in Section 3541.3
shall also apply, as appropriate, to this article and shall include
the authority as set forth in subdivisions (c) and (d). Included
among the appropriate powers of the board are the power to order
elections, to conduct any election the board orders, and to adopt
rules to apply in areas where a trial court has no rule.
(c) A complaint alleging any violation of this article or of any
rules and regulations adopted by a trial court pursuant to Section
71636 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this article, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this article and Section 71639.3. The board shall
not issue a complaint in respect of any charge based upon an alleged
unfair practice occurring more than six months prior to the filing
of the charge, except that if the rules and regulations adopted by a
trial court require exhaustion of a remedy prior to filing an unfair
practice charge or the charging party chooses to exhaust a trial
court's remedy prior to filing an unfair practice charge, the
six-month limitation set forth in this subsection shall be tolled
during such reasonable amount of time it takes the charging party to
exhaust the remedy, but nothing herein shall require a charging party
to exhaust a remedy when that remedy would be futile.
(d) The board shall enforce and apply rules adopted by a trial
court concerning unit determinations, representation, recognition,
and elections.
(e) This section does not apply to employees designated as
management employees under Section 71637.1.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a trial
court if that rule or regulation is itself in violation of this
article.
SEC. 69. Section 71639.3 of the Government Code is amended to
read:
71639.3. Trial courts and trial court employees are not covered
by Chapter 10 (commencing with Section 3500) of Division 4 of Title
1, or any subsequent changes to these sections except as provided in
this article. However, where the language of this article is the
same or substantially the same as that contained in Chapter 10
(commencing with Section 3500) of Division 4 of Title 1, it shall be
interpreted and applied in accordance with the judicial
interpretations of the same language.
SEC. 70. Section 71639.4 is added to the Government Code, to read:
71639.4. (a) Any charging party, respondent, or intervenor
aggrieved by a final decision or order of the board in an unfair
practice case, except a decision of the board not to issue a
complaint in such a case, and any party to a final decision or order
of the board in a unit determination, representation, recognition, or
election matter that is not brought as an unfair practice case, may
petition for a writ of extraordinary relief from that decision or
order. A board order directing an election may not be stayed pending
judicial review.
(b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067)
of Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
(c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.
SEC. 71. Section 71639.5 is added to the Government Code, to read:
71639.5. (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71634.3, and, notwithstanding Sections 1085
and 1103 of the Code of Civil Procedure requiring the issuance of a
writ to an inferior tribunal, any of those agreements may be enforced
by petitioning the superior court for relief pursuant to Section
1085 or 1103 of the Code of Civil Procedure.
(b) Written agreements reached through negotiations held pursuant
to this article that contain provisions requiring the arbitration of
controversies arising out of the agreement shall be subject to
enforcement under Title 9 (commencing with Section 1280) of Part 3 of
the Code of Civil Procedure.
(c) The Judicial Council shall adopt rules of court that shall
provide a mechanism for the establishment of a panel of court of
appeal justices who shall be qualified to hear petitions under Title
9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, and writ applications under Sections 1085 and 1103 of the
Code of Civil Procedure, and as specified in those rules, from which
a single justice shall be assigned to hear the matter in the superior
court. The rules of court shall provide that these matters shall be
heard in the superior court, and to the extent permitted by law,
shall provide that any justice assigned to hear the matter in the
superior court shall not be from the court of appeal district in
which the action is filed, and shall further provide that appeals in
such matters shall be heard in the court of appeal district where the
matter was filed.
SEC. 72. Section 71823 of the Government Code is amended to read:
71823. (a) On or before April 1, 2003, the regional court
interpreter employment relations committee shall adopt reasonable
rules and regulations for the administration of employer-employee
relations under this chapter, which shall be binding on the trial
courts within the region. These rules shall include provisions for
all of the following:
(1) Verification that an organization represents employees of the
trial courts within the applicable region.
(2) Verification of the official status of employee organization
officers and representatives.
(3) Registration of employee organizations and recognition of
these organizations as representatives of interpreters employed by
the trial courts in the region.
(4) Establishment of a single, regional bargaining unit of all
court interpreters employed by the trial courts in the region,
including court interpreters pro tempore.
(5) Recognition of an employee organization as the exclusive
representative of all court interpreters employed by the trial courts
in the region, subject to the right of a court interpreter to
represent himself or herself, as provided in Section 71813, upon
either of the following:
(A) Presentation of a petition or cards with the signatures of 50
percent plus one of the court interpreters employed by the trial
courts in the region during the payroll period immediately prior to
the presentation of the cards or petition, including court
interpreters pro tempore, regardless of whether they have been
appointed to interpret during that payroll period, if they have
worked for the trial courts as independent contractors or employees
for at least 15 days in the six months prior to the filing of the
petition or cards with those signatures having been obtained within
one year prior to presentation of the petition or cards. A signature
shall be valid even if the interpreter was not yet an employee at
the time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. The results of a
request for recognition under this provision shall be certified
within 10 days after presentation of the cards or petition.
(B) Receipt by the employee organization of 50 percent plus one of
the votes cast at a secret ballot representation election conducted
by mail. A representation election shall be held within 30 days
after presentation of a 30-percent or greater showing of interest
from employees eligible to vote in the representation election by
means of a petition or cards supported by signatures obtained within
one year prior to the presentation of the petitions or cards. A
signature shall be valid even if the interpreter was not yet an
employee at the time the petition or card was signed if the
interpreter had previously performed work for the trial courts as an
independent contractor, provided that the signature was obtained no
more than 90 days before the interpreter became an employee. All
certified and registered interpreters employed by the trial courts in
the payroll period immediately prior to the election, including
court interpreters pro tempore, shall be eligible to vote in the
election, regardless of whether they have been appointed to interpret
during that payroll period, so long as they have worked for the
trial courts as independent contractors or employees for at least 15
days in the six months prior to the filing of the petition or cards.
A list of eligible voters shall be provided to the employee
organization within 10 days after submission of the petition or
cards. Certification of the results of a representation election
shall occur within 30 days after the election is concluded.
(6) Procedures for the resolution of disputes involving wages,
hours, and other terms and conditions of employment.
(7) Access of employee organization officers and representatives
to work locations.
(8) Use of official bulletin boards and other means of
communication by employee organizations.
(9) Furnishing nonconfidential information pertaining to
employment relations to an employee organization.
(10) Revocation of recognition of an employee organization
formally recognized as majority representative pursuant to a vote of
the employees by a majority vote of the employees only after a period
of not less than 12 months following the date of recognition. A
vote shall be requested by a petition or cards signed by at least 30
percent of the employees within the bargaining unit, with those
signatures having been obtained within one year prior to presentation
of the petition or cards.
(11) Any other matters that are necessary to carry out the
purposes of this chapter.
(b) If there is a recognized employee organization in the region,
the regional court interpreter employment relations committee may
amend the reasonable rules and regulations adopted pursuant to
subdivision (a) by adopting reasonable rules and regulations, after
meeting and conferring in good faith, for the administration of
employer-employee relations under this chapter, which shall be
binding on the trial courts within the region.
(c) Interpreters and recognized employee organizations shall be
able to challenge a rule or regulation of the regional court
interpreter employment relations committee or a trial court as a
violation of this chapter.
SEC. 73. Section 71825 of the Government Code is repealed.
SEC. 74. Section 71825 is added to the Government Code, to read:
71825. (a) As used in this section, "board" means the Public
Employment Relations Board established pursuant to Section 3541.
(b) The powers and duties of the board described in Section 3541.3
shall also apply, as appropriate, to this chapter and shall include
the authority as set forth in subdivisions (c) and (d). Included
among the appropriate powers of the board are the power to order
elections, to conduct any election the board orders, and to adopt
rules to apply in areas where a regional court interpreter employment
relations committee has no rule.
(c) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a regional court interpreter
employment relations committee pursuant to Section 71823 shall be
processed as an unfair practice charge by the board. The initial
determination as to whether the charge of unfair practice is
justified and, if so, the appropriate remedy necessary to effectuate
the purposes of this chapter, shall be a matter within the exclusive
jurisdiction of the board. The board shall apply and interpret
unfair labor practices consistent with existing judicial
interpretations of this chapter and Section 71826(b). The board
shall not issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge, except that if the rules and regulations
adopted by a regional court interpreter employment relations
committee require exhaustion of a remedy prior to filing an unfair
practice charge or the charging party chooses to exhaust a regional
court interpreter employment relations committee's remedy prior to
filing an unfair practice charge, the six-month limitation set forth
in this subsection shall be tolled during such reasonable amount of
time it takes the charging party to exhaust the remedy, but nothing
herein shall require a charging party to exhaust a remedy when that
remedy would be futile.
(d) The board shall enforce and apply rules adopted by a regional
court interpreter employment relations committee concerning unit
determinations, representation, recognition, and elections.
(e) This section does not apply to employees designated as
management employees.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a regional
court interpreter employment relations committee if that rule or
regulation is itself in violation of this chapter.
SEC. 75. Section 71825.1 is added to the Government Code, to read:
71825.1. (a) Any charging party, respondent, or intervenor
aggrieved by a final decision or order of the board in an unfair
practice case, except a decision of the board not to issue a
complaint in such a case, and any party to a final decision or order
of the board in a unit determination, representation, recognition, or
election matter that is not brought as an unfair practice case, may
petition for a writ of extraordinary relief from that decision or
order. A board order directing an election may not be stayed pending
judicial review.
(b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067)
of Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
(c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.
SEC. 76. Section 71825.2 is added to the Government Code, to read:
71825.2. (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71819, and, notwithstanding Sections 1085 and
1103 of the Code of Civil Procedure requiring the issuance of a writ
to an inferior tribunal, any of those agreements may be enforced by
petitioning the superior court for relief pursuant to Section 1085 or
1103 of the Code of Civil Procedure.
(b) Written agreements reached through negotiations held pursuant
to this article that contain provisions requiring the arbitration of
controversies arising out of the agreement, shall be subject to
enforcement under Title 9 (commencing with Section 1280) of Part 3 of
the Code of Civil Procedure.
(c) The Judicial Council shall adopt rules of court that shall
provide a mechanism for the establishment of a panel of court of
appeal justices who shall be qualified to hear petitions under Title
9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, and writ applications under Sections 1085 and 1103 of the
Code of Civil Procedure, and as specified in those rules, from which
a single justice shall be assigned to hear the matter in the superior
court. The rules of court shall provide that these matters shall be
heard in the superior court and, to the extent permitted by law,
shall provide that any justice assigned to hear the matter in the
superior court shall not be from the court of appeal district in
which the action is filed, and shall further provide that appeals in
those matters shall be heard in the court of appeal district where
the matter was filed.
SEC. 77. Section 77202 of the Government Code is amended to read:
77202. (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council. The Judicial Council's
trial court budget request, which shall be submitted to the Governor
and the Legislature, shall meet the needs of all trial courts in a
manner that ensures a predictable fiscal environment for labor
negotiations in accordance with the Trial Court Employment Protection
and Governance Act, that promotes equal access to the courts
statewide, and that promotes court financial accountability. The
annual budget request shall include the following components:
(1) In order to ensure that trial court funding is not eroded and
that sufficient funding is provided to trial courts to be able to
accommodate increased costs without degrading the quantity or quality
of court services, a base funding adjustment for operating costs
shall be included that is computed based upon the year-to-year
percentage change in the annual state appropriations limit. For
purposes of this adjustment, operating costs include, but are not
limited to, all expenses for court operations and court employee
salaries and salary-driven benefits, but do not include the costs of
compensation for judicial officers, subordinate judicial officers, or
funding for the assigned judges program.
(2) Nondiscretionary costs necessitated by law or county
government that exceed the annual state appropriations limit and
other adjustments required to accommodate other operational and
programmatic changes shall be separately identified and justified
through the annual budget process.
(b) The Judicial Council shall allocate the appropriation to the
trial courts in a manner that best ensures the ability of the courts
to carry out their functions, promotes implementation of statewide
policies, and promotes the immediate implementation of efficiencies
and cost-saving measures in court operations, in order to guarantee
access to justice to citizens of the state.
The Judicial Council shall ensure that its trial court budget
request and the allocations made by it reward each trial court's
implementation of efficiencies and cost-saving measures.
These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
(1) The sharing or merger of court support staff among trial
courts across counties.
(2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
(3) The establishment of a separate calendar or division to hear a
particular type of case.
(4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
(5) The use of alternative dispute resolution programs, such as
arbitration.
(6) The development and use of automated accounting and
case-processing systems.
(c) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts. The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
(2) The Trial Court Policies and Procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors. If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request. The Administrative Office of the Courts shall respond
to the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst Office, the Legislature's budget committees, and
the court's affected labor organizations.
(3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the Trial Court Policies
and Procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.
SEC. 78. Section 13138 is added to the Health and Safety Code, to
read:
13138. (a) For state agencies, departments, or programs that are
charged for the costs of fire and life safety building code
inspections rendered by the State Fire Marshal, the State Fire
Marshal shall charge an amount sufficient to recover the costs
incurred for the fire and life safety building code inspections.
(b) Upon the request of the State Fire Marshal, in the form
prescribed by the Controller, the Controller shall transfer the
amount of the charges for services rendered from the agency's
appropriation to the appropriation for the support of the State Fire
Marshal's office.
(c) A state agency that has a dispute regarding charges for fire
and life safety building code inspections provided by the State Fire
Marshal shall notify the State Fire Marshal, in writing, of the
dispute and the basis therefor. The State Fire Marshal shall
immediately provide a credit to the state agency in the subsequent
billing or billings for the amount of the charges in dispute. No
further transfer of funds shall occur with respect to the services
for which charges are disputed until the dispute is resolved by the
State Fire Marshal, subject to the approval of the Department of
Finance.
SEC. 79. Section 50710.1 of the Health and Safety Code is amended
to read:
50710.1. (a) If all the development costs of any migrant farm
labor center assisted pursuant to this chapter are provided by
federal, state, or local grants, and if inadequate funds are
available from any federal, state, or local service to write-down
operating costs, the department may approve rents for that center in
excess of rents charged in other centers assisted by the Office of
Migrant Services. However, notwithstanding any other provision of
law, commencing with the 2005 growing season, the department shall
not increase rents for residents of any Office of Migrant Services
facility to a level that exceeds 30 percent of the average annualized
household incomes of residents of the facility without specific
legislative authorization. Prior to approving these rents, the
department shall consider the adequacy of evidence presented by the
entity operating the center that the rents reimburse actual,
reasonable, and necessary costs of operation.
(b) At the end of each fiscal year, any entity operating a migrant
farm labor center pursuant to this chapter may establish a reserve
account comprised of the excess funds provided through the annual
operating contract received from the department, if the department
certifies there is no need to address reasonable general maintenance
requirements or repairs, rehabilitation, and replacement needs of the
requesting migrant farm labor center which affect the immediate
health and safety of residents. The cumulative balance of the
reserve account shall not exceed 10 percent of the annual operating
funds annually committed to the entity by the department. Funds in
the reserve account shall be used only for capital improvements such
as replacing or repairing structural elements, furniture, fixtures,
or equipment of the migrant farm labor center, the replacement or
repair of which are reasonably required to preserve the migrant farm
labor center. Withdrawals from the reserve account shall be made
only upon the written approval of the department of the amount and
nature of expenditures.
(c) A migrant farm labor center governed by this chapter may be
operated for an extended period beyond 180 days after approval by the
department, provided that all of the following conditions are
satisfied:
(1) No additional subsidies provided by the department are used
for the operation or administration of the migrant farm center during
the extended occupancy period except to the extent that state funds
are appropriated or authorized for the purpose of funding all or part
of the cost of subsidizing extended occupancy periods during the
first 14 days only.
(2) Rents are not to be increased above the rents charged during
the period immediately prior to the extended occupancy period unless
the department finds that an increase is necessary to cover the
difference between reasonable operating costs necessary to keep the
center open during the extended occupancy period and the amount of
state funds available pursuant to paragraph (1) and any contributions
from agricultural employers or other federal, local, or private
sources. These contributions shall not be used to reduce the amount
of state funds that otherwise would be made available to the center
to subsidize rents during an extended occupancy period.
(3) In no event shall the rent during the extended occupancy
period exceed the average daily operating cost of the center, less
any subsidy funds available pursuant to paragraph (1) or (2).
Households representing at least 25 percent of the units in the
center shall have indicated their desire and intention to remain in
residency during an extended occupancy period by signing a petition
to the local entity to keep the center open for an extended period at
rents that are the same or higher than rents during the regular
period of occupancy. Each household shall receive a clear bilingual
notice describing the extended occupancy options attached to the
lease.
The Legislature finds and declares that because the number of
residents may be substantially reduced during the extended occupancy
period, a rent increase may be necessary to cover operating costs.
It is the intent of the Legislature that the public sector, private
sector, and farmworkers should each play an important role in
ensuring the financial viability of this important source of needed
housing.
(4) An extended occupancy period is requested by an entity
operating the migrant farm labor center and received by the
department no earlier than 30 days and no later than 15 days prior to
the center's scheduled closing date. The department shall notify
the entity and petitioning residents of the final decision no later
than seven days prior to the center's scheduled closing date. During
the extended occupancy period, occupancy shall be limited to migrant
farmworkers and their families who resided at a migrant center
during the regular period of occupancy.
(5) Before approving or denying an extension and establishing the
rents for the extended occupancy period, both of which shall be
within the sole discretion of the department, the department shall
take into consideration all of the following factors:
(A) The structural and physical condition of the center, including
water and sewer pond capacity and the capacity and willingness of
the local entity to operate the center during the extended occupancy
period.
(B) Whether local approvals are required, and whether there are
competing demands for the use of the center's facilities.
(C) Whether there is adequate documentation that there is a need
for residents of the migrant center to continue work in the area, as
confirmed by the local entity.
(D) The climate during the extended occupancy period.
(E) The amount of subsidy funds available that can be allocated to
each center to subsidize rents below the operating costs and the
cost of operating each center during the extended occupancy period.
(F) The extended occupancy period is deemed necessary for the
health and safety of the migrant farmworkers and their families.
(G) Other relevant factors affecting the migrant farmworkers and
their families and the operation of the centers.
(6) The rents collected during the extended occupancy period shall
be remitted to the department. However, based on financial records
to the satisfaction of the department, the department may reduce the
amount to be remitted by an amount it determines the local entity has
expended during the extended occupancy period that is not being
reimbursed by department funds.
(7) The occupancy during the extended occupancy period represents
a new tenancy and is not subject to existing and statutory and
regulatory limitations governing rents. Prior to the beginning of
the extended occupancy period, residents shall be provided at least
two days' advance written notice of any rent increase and of the
expected length of the extended occupancy period, including the
scheduled date of closure of the center, and prior to being eligible
for residency during the extended occupancy period, residents shall
sign rental documents deemed necessary by the department.
(d) The Legislature finds and declares that variable annual
climates and changing agricultural techniques create an inability to
accurately predict the end of a harvest season for the purposes of
housing migrant farmworkers and their families. Because of these
factors, in any part of this state, and in any specific year, one or
more migrant farmworker housing centers governed by this chapter need
to remain open for up to two additional weeks to allow the residents
to provide critical assistance to growers in harvesting crops while
also fulfilling work expectations that encouraged them to migrate to
the areas of the centers. In addition, if the centers close
prematurely, the migrant farmworkers often must remain in the areas
to work for up to two weeks. During this time they will not be able
to obtain decent, safe, and affordable housing and the health and
safety of their families and the surrounding community will be
threatened.
The Legislature therefore finds and declares that, for the
purposes of any public or private right, obligation, or authorization
related to the use of property and improvements thereon as a 180-day
migrant center, an extended use of any housing center governed by
this chapter pursuant to this section is deemed to be the same as the
180-day use generally authorized by this chapter.
SEC. 80. Section 53533 of the Health and Safety Code is amended to
read:
53533. (a) Money deposited in the fund from the sale of bonds
pursuant to this part shall be allocated for expenditure in
accordance with the following schedule:
(1) Nine hundred ten million dollars ($910,000,000) shall be
transferred to the Housing Rehabilitation Loan Fund to be expended
for the Multifamily Housing Program authorized by Chapter 6.7
(commencing with Section 50675) of Part 2, except for the following:
(A) Fifty million dollars ($50,000,000) shall be transferred to
the Preservation Opportunity Fund and, notwithstanding Section 13340
of the Government Code, is continuously appropriated without regard
to fiscal years for the preservation of at-risk housing pursuant to
Chapter 5 (commencing with Section 50600) of Part 2.
(B) Twenty million dollars ($20,000,000) shall be used for
nonresidential space for supportive services, including, but not
limited to, job training, health services, and child care within, or
immediately proximate to, projects to be funded under the Multifamily
Housing Program. This funding shall be in addition to any
applicable per-unit or project loan limits and may be in the form of
a grant. Service providers shall ensure that services are available
to project residents on a priority basis over the general public.
(C) Twenty-five million dollars ($25,000,000) shall be used for
matching grants to local housing trust funds pursuant to Section
50843.
(D) Fifteen million dollars ($15,000,000) shall be used for
student housing through the Multifamily Housing Program, subject to
the following provisions:
(i) The department shall give first priority for projects on land
owned by a University of California or California State University
campus. Second priority shall be given to projects located within
one mile of a University of California or California State University
campus that is suffering from a severe shortage of housing and
limited availability of developable land as determined by the
department. Those determinations shall be set forth in the Notice of
Funding Availability and shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of
the Government Code.
(ii) All funds shall be matched on a one-to-one basis from private
sources or by the University of California or California State
University. For the purposes of this subparagraph, "University of
California" includes the Hastings College of the Law.
(iii) Occupancy for the units shall be restricted to students
enrolled on a full-time basis in the University of California or
California State University.
(iv) Income eligibility pursuant to the Multifamily Housing
Program shall be established by verification of the combined income
of the student and his or her family.
(v) Any funds not used for this purpose within 24 months of the
date that the funds are made available shall be awarded pursuant to
subdivision (a) for the Downtown Rebound Program as set forth in
paragraph (1) of subdivision (c) of Section 50898.2.
(E) Any funds not encumbered for the purposes set forth in this
paragraph, except subparagraph (D), within 30 months of availability
shall revert to the Housing Rehabilitation Loan Fund created by
Section 50661 for general use in the Multifamily Housing Program.
(2) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Emergency Housing and Assistance Fund to be
expended for the Emergency Housing and Assistance Program authorized
by Chapter 11.5 (commencing with Section 50800 of Part 2).
(3) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended
for supportive housing projects under the Multifamily Housing
Program authorized by Chapter 6.7 (commencing with Section 50675) of
Part 2, to serve individuals and households moving from emergency
shelters or transitional housing or those at risk of homelessness.
(4) Two hundred million dollars ($200,000,000) shall be
transferred to the Joe Serna, Jr. Farmworker Housing Grant Fund to be
expended for farmworker housing programs authorized by Chapter 3.2
(commencing with Section 50517.5) of Part 2, except for the
following:
(A) Twenty-five million dollars ($25,000,000) shall be used for
projects that serve migratory agricultural workers as defined in
subdivision (i) of Section 7602 of Title 25 of the California Code of
Regulations. If, after July 1, 2003, funds remain after the
approval of all feasible applications, the department shall be deemed
an eligible recipient for the purposes of reconstructing migrant
centers operated through the Office of Migrant Services pursuant to
Chapter 8.5 (commencing with Section 50710) that would otherwise be
scheduled for closure due to health or safety considerations or are
in need of significant repairs to ensure the health and safety of the
residents. Of the dollars allocated by this section, the department
shall receive five million five hundred thousand dollars
($5,500,000) for these purposes.
(B) Twenty million dollars ($20,000,000) shall be used for
developments that also provide health services to the residents.
Recipients of these funds shall be required to provide ongoing
monitoring of funded developments to ensure compliance with the
requirements of the Joe Serna, Jr. Farmworker Housing Grant Program.
Projects receiving funds through this allocation shall be ineligible
for funding through the Joe Serna, Jr. Farmworker Housing Grant
Program.
(C) Any funds not encumbered for the purposes set forth in this
paragraph within 30 months of availability shall revert for general
use in the Joe Serna, Jr. Farmworker Housing Grant Program.
(5) Two hundred five million dollars ($205,000,000) shall be
transferred to the Self-Help Housing Fund. Notwithstanding Section
13340 of the Government Code and Section 50697.1, these funds are
hereby continuously appropriated without regard to fiscal years to
the department to be expended for the purposes of the CalHome Program
authorized by Chapter 6 (commencing with Section 50650) of Part 2,
except for the following:
(A) Seventy-five million dollars ($75,000,000) shall be
transferred to the Building Equity and Growth in Neighborhoods Fund
to be used for the Building Equity and Growth in Neighborhoods
(BEGIN) Program pursuant to Chapter 4.5 (commencing with Section
50860) of Part 1.
(B) Five million dollars ($5,000,000) shall be used to provide
grants to cities, counties, cities and counties, and nonprofit
organizations to provide grants for lower income tenants with
disabilities for the purpose of making exterior modifications to
rental housing in order to make that housing accessible to persons
with disabilities. For the purposes of this subparagraph, "exterior
modifications" includes modifications that are made to entryways or
to common areas of the structure or property. The program provided
for under this subparagraph shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2
of the Government Code.
(C) Ten million dollars ($10,000,000) shall be expended for
construction management under the California Self-Help Housing
Program pursuant to subdivision (b) of Section 50696.
(D) Any funds not encumbered for the purposes set forth in this
paragraph within 30 months of availability shall revert for general
use in the CalHome Program.
(6) Five million dollars ($5,000,000) shall be transferred to the
Housing Rehabilitation Loan Fund to be expended for capital
expenditures in support of local code enforcement and compliance
programs. This allocation shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2
of the Government Code. If the moneys allocated pursuant to this
paragraph are not expended within three years after being
transferred, the department may, in its discretion, transfer the
moneys to the Housing Rehabilitation Loan Fund to be expended for the
Multifamily Housing Program.
(7) Two hundred ninety million dollars ($290,000,000) shall be
transferred to the Self-Help Housing Fund. Notwithstanding Section
50697.1, these funds are hereby continuously appropriated to the
agency to be expended for the purposes of the California Homebuyer's
Downpayment Assistance Program authorized by Chapter 11 (commencing
with Section 51500) of Part 3, except for the following:
(A) Fifty million dollars ($50,000,000) shall be transferred to
the School Facilities Fee Assistance Fund as provided by subdivision
(a) of Section 51453 to be used for the Homebuyer Down Payment
Assistance Program of 2002 established by Section 51451.5.
(B) Eighty-five million dollars ($85,000,000) shall be transferred
to the California Housing Loan Insurance Fund to be used for
purposes of Part 4 (commencing with Section 51600). The agency may
transfer these moneys as often as quarterly in amounts that shall not
exceed the dollar amount of new insurance written by the agency
during the preceding quarter for loans for the purchase of homes made
to owner-occupant borrowers with incomes not exceeding 120 percent
of the area median income, divided by the risk-to-capital ratio
required for the maintenance of satisfactory credit ratings from
nationally recognized credit rating services.
(C) (i) Twelve million five hundred thousand dollars ($12,500,000)
shall be reserved for downpayment assistance to low-income
first-time home buyers who, as documented to the agency by a
nonprofit organization certified and funded to provide home ownership
counseling by a federally funded national nonprofit corporation, are
purchasing a residence in a community revitalization area targeted
by the nonprofit organization and who has received home ownership
counseling from the nonprofit organization. Community revitalization
areas shall be limited to targeted neighborhoods identified by
qualified nonprofit organizations as those neighborhoods in need of
economic stimulation, renovation, and rehabilitation through efforts
that include increased home ownership opportunities for low-income
families.
(ii) Effective January 1, 2004, 50 percent of the funds available
pursuant to clause (i) shall be available for downpayment assistance
in an amount not to exceed 6 percent of the home sales price.
(iii) After 12 months of availability, if more than 50 percent of
the funds set aside pursuant to clause (ii) have been encumbered, the
agency shall discontinue that program and make all remaining funds
available for downpayment assistance pursuant to clause (i). If,
however, less than 50 percent of the funds allocated pursuant to
clause (ii) are encumbered after that 12-month period, the agency
may, at its sole discretion, either make all remaining funds provided
pursuant to clause (i) available for the purpose of clause (ii), or
may continue to implement clause (ii) until all of the funds
allocated for that purpose as of January 1, 2004, have been
encumbered.
(D) Twenty-five million dollars ($25,000,000) shall be used for
downpayment assistance pursuant to Section 51505. After 18 months of
availability, if the agency determines that the funds set aside
pursuant to this section will not be utilized for purposes of Section
51505, these funds shall be available for the general use of the
agency for the purposes of the California Homebuyer's Downpayment
Assistance Program, but may also continue to be available for the
purposes of Section 51505.
(E) Funds not utilized for the purposes set forth in subparagraphs
(B) and (C) within 30 months shall revert for general use in the
California Homebuyer's Downpayment Assistance Program.
(8) One hundred million dollars ($100,000,000) shall be
transferred to the Jobs Housing Improvement Account to be expended as
capital grants to local governments for increasing housing pursuant
to enabling legislation. If the enabling legislation fails to become
law in the 2001-02 Regular Session of the Legislature, the specified
allocation for this program shall be void and the funds shall revert
for general use in the Multifamily Housing Program as specified in
paragraph (1) of subdivision (a).
(b) No portion of the money allocated pursuant to this section may
be expended for project operating costs, except that this section
does not preclude expenditures for operating costs from reserves
required to be maintained by or on behalf of the project sponsor.
(c) The Legislature may, from time to time, amend the provisions
of law related to programs to which funds are, or have been,
allocated pursuant to this section for the purpose of improving the
efficiency and effectiveness of the program, or for the purpose of
furthering the goals of the program.
(d) The Bureau of State Audits shall conduct periodic audits to
ensure that bond proceeds are awarded in a timely fashion and in a
manner consistent with the requirements of this part, and that
awardees of bond proceeds are using funds in compliance with
applicable provisions of this part.
SEC. 81. Section 2065 of the Labor Code is amended to read:
2065. (a) The Car Wash Worker Restitution Fund is established in
the State Treasury.
(1) The following moneys shall be deposited into this fund:
(A) The annual fee required pursuant to subdivision (b) of Section
2059.
(B) Fifty percent of the fines collected pursuant to Section 2064.
(C) Fifty dollars ($50) of the initial registration fee required
pursuant to subdivision (a) of Section 2059.
(2) Upon appropriation by the Legislature, the moneys in the fund
shall be disbursed by the commissioner only to persons determined by
the commissioner to have been damaged by the failure to pay wages and
penalties and other related damages by any employer, to ensure the
payment of wages and penalties and other related damages. Any
disbursed funds subsequently recovered by the commissioner shall be
returned to the fund.
(b) The Car Wash Worker Fund is established in the State Treasury.
(1) The following moneys shall be deposited into this fund:
(A) Fifty percent of the fines collected pursuant to Section 2064.
(B) The initial registration fee required pursuant to subdivision
(a) of Section 2059, less the amount specified in subparagraph (C) of
paragraph (1) of subdivision (a).
(2) Upon appropriation by the Legislature, the moneys in this fund
shall be applied to costs incurred by the commissioner in
administering the provisions of this part and enforcement and
investigation of the car washing and polishing industry.
(c) The Department of Industrial Relations may establish by
regulation those procedures necessary to carry out the provisions of
this section.
SEC. 83. Section 4750 of the Penal Code is amended to read:
4750. A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
SEC. 84. Section 4751 of the Penal Code is amended to read:
4751. Costs incurred by a city or county include all of the
following:
(a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4750, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
(b) Costs of participation in any trial or hearing of any matter
set forth in Section 4750, including costs for the preparation for
the trial, pretrial hearing, actual trial or hearing, expert witness
fees, the costs of guarding or keeping the prisoner, the
transportation of the prisoner, the costs of appeal, and the
execution of the sentence. The cost of detention in a city or county
correctional facility shall include the same cost factors as are
utilized by the Department of Corrections in determining the cost of
prisoner care in state correctional facilities.
(c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4750, whether or not the prosecuting attorney decides to
commence legal action.
(d) Costs incurred by the public defender or court appointed
attorney with respect to any matter set forth in Section 4750.
(e) Any other costs reasonably incurred by a county in connection
with any matter set forth in Section 4750.
SEC. 85. Section 4751.5 is added to the Penal Code, to read:
4751.5. Costs incurred by a superior court include all of the
following:
(a) Costs of any trial or hearing of any matter set forth in
Section 4750, including costs for the preparation of the trial,
pretrial hearing, and the actual trial or hearing.
(b) Any other costs reasonably incurred by a superior court in
connection with any matter set forth in Section 4750.
SEC. 86. Section 4752 of the Penal Code is amended to read:
4752. As used in this chapter, reasonable and necessary costs
shall be based upon all operating costs, including the cost of
elected officials, except superior court judges, while serving in
line functions and including all administrative costs associated with
providing the necessary services and securing reimbursement
therefor. Administrative costs include a proportional allowance for
overhead determined in accordance with current accounting practices.
SEC. 87. Section 4753 of the Penal Code is amended to read:
4753. A city or county shall designate an officer or agency to
prepare a statement of costs that shall be reimbursed under this
chapter.
The statement shall be sent to the Controller for approval. The
statement may not include any costs that are incurred by a superior
court, as described in Section 4751.5. The Controller shall
reimburse the city or county within 60 days after receipt of the
statement or provide a written statement as to the reason for not
making reimbursement at that time. If sufficient funds are not
available, the Controller shall request the Director of Finance to
include any amounts necessary to satisfy the claims in a request for
a deficiency appropriation.
SEC. 88. Section 4753.5 is added to the Penal Code, to read:
4753.5. A superior court shall prepare a statement of costs that
shall be reimbursed under this chapter. The state may not include
any costs that are incurred by a city or county, as described in
Section 4751. The statement shall be sent to the Administrative
Office of the Courts for approval and reimbursement.
SEC. 89. Section 5023.5 is added to the Penal Code, to read:
5023.5. (a) Notwithstanding any other provision of law, the
Department of Corrections and the Department of the Youth Authority
may contract with providers of emergency health care services.
Hospitals that do not contract with the Department of Corrections or
the Department of the Youth Authority for emergency health care
services shall provide these services to these departments on the
same basis as they are required to provide these services pursuant to
Section 489.24 of Title 42 of the Code of Federal Regulations.
Neither the Department of Corrections nor the Department of the Youth
Authority shall reimburse a hospital that provides these services,
and that the department has not contracted with, at a rate that
exceeds the hospital's reasonable and allowable costs, regardless of
whether the hospital is located within or outside of California.
(b) An entity that provides ambulance or any other emergency or
nonemergency response service to the Department of Corrections or the
Department of the Youth Authority, and that does not contract with
the departments for that service, shall be reimbursed for the service
at the rate established by Medicare. Neither the Department of
Corrections nor the Department of the Youth Authority shall reimburse
a provider of any of these services that the department has not
contracted with at a rate that exceeds the provider's reasonable and
allowable costs, regardless of whether the provider is located within
or outside of California.
(c) The Department of Corrections and the Department of the Youth
Authority shall work with the State Department of Health Services in
obtaining hospital cost information in order to establish the costs
allowable under this section. The State Department of Health
Services may provide the Department of Corrections or the Department
of the Youth Authority with hospital cost information that the State
Department of Health Services obtains pursuant to Sections 14170 and
14171 of the Welfare and Institutions Code.
(d) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.
SEC. 90. Section 6005 of the Penal Code is amended to read:
6005. (a) Whenever a person confined to a correctional
institution under the supervision of the Department of the Youth
Authority is charged with a public offense committed within the
confines of that institution and is tried for that public offense, a
city, county, or superior court shall be entitled to reimbursement
for reasonable and necessary costs connected with that matter.
(b) The appropriate financial officer or other designated official
of a county or the city finance officer of a city incurring any
costs in connection with that matter shall make out a statement of
all the costs incurred by the county or city for the investigation,
the preparation for the trial, participation in the actual trial of
the case, all guarding and keeping of the person, and the execution
of the sentence of the person, properly certified to by a judge of
the superior court of the county. The statement may not include any
costs that are incurred by the superior court pursuant to subdivision
(c). The statement shall be sent to the department for its
approval. After the approval the department must cause the amount of
the costs to be paid out of the money appropriated for the support
of the department to the county treasurer of the county or the city
finance officer of the city incurring those costs.
(c) The superior court shall prepare a statement of all costs
incurred by the court for the preparation of the trial and the actual
trial of the case. The statement may not include any costs that are
incurred by the city or county pursuant to subdivision (a). The
statement shall be sent to the Administrative Office of the Courts
for approval and reimbursement.
SEC. 91. Section 10108.8 is added to the Public Contract Code, to
read:
10108.8. The Department of Corrections, where feasible, shall
enter into two or more procurement contracts for the purchase and
development of the Business Information System (BIS) Project. The
BIS project shall be developed to allow integration with other
relevant statewide financial and personnel systems.
SEC. 92. Section 25226 is added to the Public Resources Code, to
read:
25226. (a) The Energy Technologies Research, Development, and
Demonstration Account established under former Section 25683 is
hereby continued in existence, in the General Fund, to be
administered by the commission for the purpose of carrying out
Chapter 7.3 (commencing with Section 25630) and Chapter 7.5
(commencing with Section 25650).
(b) The Controller shall deposit in the account all money
appropriated to the account by the Legislature, plus accumulated
interest on that money, and money from loan repayments, interest, and
royalties pursuant to Sections 25630 and 25650, for use by the
commission, upon appropriation by the Legislature, for the purposes
specified in Chapter 7.3 (commencing with Section 25630) and Chapter
7.5 (commencing with Section 25650).
SEC. 93. Section 25630 of the Public Resources Code is amended to
read:
25630. (a) The commission shall establish a small business energy
assistance low-interest revolving loan program to fund the purchase
of equipment for alternative technology energy projects for
California's small businesses.
(b) Loan repayments, interest, and royalties shall be deposited in
the Energy Technologies Research, Development, and Demonstration
Account. The interest rate shall be based on surveys of existing
financial markets and at rates not lower than the Pooled Money
Investment Account.
SEC. 94. Section 26020 of the Public Resources Code is amended to
read:
26020. (a) The authority may incur indebtedness and issue and
renew negotiable bonds, notes, debentures, or other securities of any
kind or class. All indebtedness, however evidenced, shall be
payable solely from revenues of the authority and the proceeds of its
negotiable bonds, notes, debentures, or other securities, and shall
not exceed the sum of one billion dollars ($1,000,000,000) of total
debt outstanding.
(b) As used in this section, "total debt outstanding" does not
include either of the following:
(1) A bond for which provisions have been made for prepayment
through irrevocable escrow or other means, so that the bond is not
considered outstanding under its authorizing document.
(2) Indebtedness that is incurred to refund existing debts, except
to the extent that the indebtedness exceeds the amount of those
debts.
SEC. 95. Section 884.5 is added to the Public Utilities Code, to
read:
884.5. (a) This section shall apply to all customers eligible to
receive discounts for telecommunications services under the federal
Universal Service E-rate program administered by the Schools and
Libraries Division of the Universal Service Administrative Company
that also apply for discounts on telecommunications service provided
through the California Teleconnect Fund program pursuant to
subdivision (a) of Section 280.
(b) A teleconnect discount shall be applied after applying the
E-rate discount. The commission shall first apply the E-rate
discount, regardless of whether the customer has applied for the
E-rate discount or has been approved, if the customer, in the
determination of the commission, meets the eligibility requirements
for the E-rate discount.
(c) Notwithstanding subdivision (b), the teleconnect discount
shall be applied without regard to the E-rate discount for any
necessary small school, as defined in Section 42283 of the Education
Code, unless that school has applied for, and been approved to
receive, the E-rate discount.
(d) As a condition of participation in the California Teleconnect
Fund program, the commission shall require customers eligible for the
E-rate discount to provide the commission with information necessary
for the commission to determine the percentage of the E-rate
discount to which the customer would be entitled. The commission may
require that customers update this information annually or if there
is a material change.
(e) In establishing any discount under the California Teleconnect
Fund program, the commission shall give priority to bridging the
"digital divide" by encouraging expanded access to state-of-the-art
technologies for rural, inner-city, low-income, and disabled
Californians.
(f) As used in this section:
(1) "E-rate discount" means a discount under the E-rate program.
(2) "E-rate program" means the federal Universal Service E-rate
program administered by the Schools and Libraries Division of the
Universal Service Administrative Company.
(3) "Teleconnect discount" means a discount on telecommunications
service provided through the California Teleconnect Fund program set
forth in subdivision (a) of Section 280.
(g) This section shall become operative on January 1, 2006.
SEC. 96. Section 63.1 of the Revenue and Taxation Code is amended
to read:
63.1. (a) Notwithstanding any other provision of this chapter, a
change in ownership shall not include the following purchases or
transfers for which a claim is filed pursuant to this section:
(1) The purchase or transfer of real property which is the
principal residence of an eligible transferor in the case of a
purchase or transfer between parents and their children.
(2) The purchase or transfer of the first one million dollars
($1,000,000) of full cash value of all other real property of an
eligible transferor in the case of a purchase or transfer between
parents and their children.
(3) (A) Subject to subparagraph (B), the purchase or transfer of
real property described in paragraphs (1) and (2) of subdivision (a)
occurring on or after March 27, 1996, between grandparents and their
grandchild or grandchildren, if all of the parents of that grandchild
or those grandchildren, who qualify as the children of the
grandparents, are deceased as of the date of purchase or transfer.
(B) A purchase or transfer of a principal residence shall not be
excluded pursuant to subparagraph (A) if the transferee grandchild or
grandchildren also received a principal residence, or interest
therein, through another purchase or transfer that was excludable
pursuant to paragraph (1) of subdivision (a). The full cash value of
any real property, other than a principal residence, that was
transferred to the grandchild or grandchildren pursuant to a purchase
or transfer that was excludable pursuant to paragraph (2) of
subdivision (a) and the full cash value of a principal residence that
fails to qualify for exclusion as a result of the preceding sentence
shall be included in applying, for purposes of paragraph (2) of
subdivision (a), the one million dollar ($1,000,000) full cash value
limit specified in paragraph (2) of subdivision (a).
(b) (1) For purposes of paragraph (1) of subdivision (a),
"principal residence" means a dwelling for which a homeowners'
exemption or a disabled veterans' residence exemption has been
granted in the name of the eligible transferor. "Principal residence"
includes only that portion of the land underlying the principal
residence that consists of an area of reasonable size that is used as
a site for the residence.
(2) For purposes of paragraph (2) of subdivision (a), the one
million dollar ($1,000,000) exclusion shall apply separately to each
eligible transferor with respect to all purchases by and transfers to
eligible transferees on and after November 6, 1986, of real
property, other than the principal residence, of that eligible
transferor. The exclusion shall not apply to any property in which
the eligible transferor's interest was received through a transfer,
or transfers, excluded from change in ownership by the provisions of
either subdivision (f) of Section 62 or subdivision (b) of Section
65, unless the transferor qualifies as an original transferor under
subdivision (b) of Section 65. In the case of any purchase or
transfer subject to this paragraph involving two or more eligible
transferors, the transferors may elect to combine their separate one
million dollar ($1,000,000) exclusions and, upon making that
election, the combined amount of their separate exclusions shall
apply to any property jointly sold or transferred by the electing
transferors, provided that in no case shall the amount of full cash
value of real property of any one eligible transferor excluded under
this election exceed the amount of the transferor's separate unused
exclusion on the date of the joint sale or transfer.
(c) As used in this section:
(1) "Purchase or transfer between parents and their children"
means either a transfer from a parent or parents to a child or
children of the parent or parents or a transfer from a child or
children to a parent or parents of the child or children. For
purposes of this section, the date of any transfer between parents
and their children under a will or intestate succession shall be the
date of the decedent's death, if the decedent died on or after
November 6, 1986.
(2) "Purchase or transfer of real property between grandparents
and their grandchild or grandchildren" means a purchase or transfer
on or after March 27, 1996, from a grandparent or grandparents to a
grandchild or grandchildren if all of the parents of that grandchild
or those grandchildren who qualify as the children of the
grandparents are deceased as of the date of the transfer. For
purposes of this section, the date of any transfer between
grandparents and their grandchildren under a will or by intestate
succession shall be the date of the decedent's death.
(3) "Children" means any of the following:
(A) Any child born of the parent or parents, except a child, as
defined in subparagraph (D), who has been adopted by another person
or persons.
(B) Any stepchild of the parent or parents and the spouse of that
stepchild while the relationship of stepparent and stepchild exists.
For purposes of this paragraph, the relationship of stepparent and
stepchild shall be deemed to exist until the marriage on which the
relationship is based is terminated by divorce, or, if the
relationship is terminated by death, until the remarriage of the
surviving stepparent.
(C) Any son-in-law or daughter-in-law of the parent or parents.
For the purposes of this paragraph, the relationship of parent and
son-in-law or daughter-in-law shall be deemed to exist until the
marriage on which the relationship is based is terminated by divorce,
or, if the relationship is terminated by death, until the remarriage
of the surviving son-in-law or daughter-in-law.
(D) Any child adopted by the parent or parents pursuant to
statute, other than an individual adopted after reaching the age of
18 years.
(4) "Grandchild" or "grandchildren" means any child or children of
the child or children of the grandparent or grandparents.
(5) "Full cash value" means full cash value, as defined in Section
2 of Article XIII A of the California Constitution and Section
110.1, with any adjustments authorized by those sections, and the
full value of any new construction in progress, determined as of the
date immediately prior to the date of a purchase by or transfer to an
eligible transferee of real property subject to this section.
(6) "Eligible transferor" means a grandparent, parent, or child of
an eligible transferee.
(7) "Eligible transferee" means a parent, child, or grandchild of
an eligible transferor.
(8) "Real property" means real property as defined in Section 104.
Real property does not include any interest in a legal entity.
(9) "Transfer" includes, and is not limited to, any transfer of
the present beneficial ownership of property from an eligible
transferor to an eligible transferee through the medium of an inter
vivos or testamentary trust.
(10) "Social security number" also includes a taxpayer
identification number issued by the Internal Revenue Service in the
case in which the taxpayer is a foreign national who cannot obtain a
social security number.
(d) (1) The exclusions provided for in subdivision (a) shall not
be allowed unless the eligible transferee, the transferee's legal
representative, or the executor or administrator of the transferee's
estate files a claim with the assessor for the exclusion sought and
furnishes to the assessor each of the following:
(A) A written certification by the transferee, the transferee's
legal representative, or the executor or administrator of the
transferee's estate, signed and made under penalty of perjury that
the transferee is a grandparent, parent, child, or grandchild of the
transferor and that the transferor is his or her parent, child, or
grandparent. In the case of a grandparent-grandchild transfer, the
written certification shall also include a certification that all the
parents of the grandchild or grandchildren who qualify as children
of the grandparents were deceased as of the date of the purchase or
transfer and that the grandchild or grandchildren did or did not
receive a principal residence excludable under paragraph (1) of
subdivision (a) from the deceased parents, and that the grandchild or
grandchildren did or did not receive real property other than a
principal residence excludable under paragraph (2) of subdivision (a)
from the deceased parents. The claimant shall provide legal
substantiation of any matter certified pursuant to this subparagraph
at the request of the county assessor.
(B) A written certification by the transferor, the transferor's
legal representative, or the executor or administrator of the
transferor's estate, signed and made under penalty of perjury that
the transferor is a grandparent, parent, or child of the transferee
and that the transferor is seeking the exclusion under this section
and will not file a claim to transfer the base year value of the
property under Section 69.5.
(C) A written certification shall also include either or both of
the following:
(i) If the purchase or transfer of real property includes the
purchase or transfer of residential real property, a certification
that the residential real property is or is not the transferor's
principal residence.
(ii) If the purchase or transfer of real property includes the
purchase or transfer of real property other than the transferor's
principal residence, a certification that other real property of the
transferor that is subject to this section has or has not been
previously sold or transferred to an eligible transferee, the total
amount of full cash value, as defined in subdivision (c), of any real
property subject to this section that has been previously sold or
transferred by that transferor to eligible transferees, the location
of that real property, the social security number of each eligible
transferor, and the names of the eligible transferees of that
property.
(D) If there are multiple transferees, the certification and
signature may be made by any one of the transferees, if both of the
following conditions are met:
(i) The transferee has actual knowledge that, and the
certification signed by the transferee states that, all of the
transferees are eligible transferees within the meaning of this
section.
(ii) The certification is signed by the transferee as a true
statement made under penalty of perjury.
(2) If the full cash value of the real property purchased by or
transferred to the transferee exceeds the permissible exclusion of
the transferor or the combined permissible exclusion of the
transferors, in the case of a purchase or transfer from two or more
joint transferors, taking into account any previous purchases by or
transfers to an eligible transferee from the same transferor or
transferors, the transferee shall specify in his or her claim the
amount and the allocation of the exclusion he or she is seeking.
Within any appraisal unit, as determined in accordance with
subdivision (d) of Section 51 by the assessor of the county in which
the real property is located, the exclusion shall be applied only on
a pro rata basis, however, and shall not be applied to a selected
portion or portions of the appraisal unit.
(e) (1) The State Board of Equalization shall design the form for
claiming eligibility. Except as provided in paragraph (2), any claim
under this section shall be filed:
(A) For transfers of real property between parents and their
children occurring prior to September 30, 1990, within three years
after the date of the purchase or transfer of real property for which
the claim is filed.
(B) For transfers of real property between parents and their
children occurring on or after September 30, 1990, and for the
purchase or transfer of real property between grandparents and their
grandchildren occurring on or after March 27, 1996, within three
years after the date of the purchase or transfer of real property for
which the claim is filed, or prior to transfer of the real property
to a third party, whichever is earlier.
(C) Notwithstanding subparagraphs (A) and (B), a claim shall be
deemed to be timely filed if it is filed within six months after the
date of mailing of a notice of supplemental or escape assessment,
issued as a result of the purchase or transfer of real property for
which the claim is filed.
(2) In the case in which the real property subject to purchase or
transfer has not been transferred to a third party, a claim for
exclusion under this section that is filed subsequent to the
expiration of the filing periods set forth in paragraph (1) shall be
considered by the assessor, subject to all of the following
conditions:
(A) Any exclusion granted pursuant to that claim shall apply
commencing with the lien date of the assessment year in which the
claim is filed.
(B) Under any exclusion granted pursuant to that claim, the
adjusted full cash value of the subject real property in the
assessment year described in subparagraph (A) shall be the adjusted
base year value of the subject real property in the assessment year
in which the excluded purchase or transfer took place, factored to
the assessment year described in subparagraph (A) for both of the
following:
(i) Inflation as annually determined in accordance with paragraph
(1) of subdivision (a) of Section 51.
(ii) Any subsequent new construction occurring with respect to the
subject real property.
(3) (A) Unless otherwise expressly provided, the provisions of
this subdivision shall apply to any purchase or transfer of real
property that occurred on or after November 6, 1986.
(B) Paragraph (2) shall apply to purchases or transfers between
parents and their children that occurred on or after November 6,
1986, and to purchases or transfers between grandparents and their
grandchildren that occurred on or after March 27, 1996.
(4) For purposes of this subdivision, a transfer of real property
to a parent or child of the transferor shall not be considered a
transfer to a third party.
(f) The assessor may report quarterly to the State Board of
Equalization all purchases or transfers, other than purchases or
transfers involving a principal residence, for which a claim for
exclusion is made pursuant to subdivision (d). Each report shall
contain the assessor's parcel number for each parcel for which
the exclusion is claimed,
the amount of each exclusion claimed, the social security number of
each eligible transferor, and any other information the board may
require in order to monitor the one million dollar ($1,000,000)
limitation in paragraph (2) of subdivision (a).
(g) This section shall apply to both voluntary transfers and
transfers resulting from a court order or judicial decree. Nothing
in this subdivision shall be construed as conflicting with paragraph
(1) of subdivision (c) or the general principle that transfers by
reason of death occur at the time of death.
(h) (1) Except as provided in paragraph (2), this section shall
apply to purchases and transfers of real property completed on or
after November 6, 1986, and shall not be effective for any change in
ownership, including a change in ownership arising on the date of a
decedent's death, that occurred prior to that date.
(2) This section shall apply to purchases or transfers of real
property between grandparents and their grandchildren occurring on or
after March 27, 1996, and, with respect to purchases or transfers of
real property between grandparents and their grandchildren, shall
not be effective for any change in ownership, including a change in
ownership arising on the date of a decedent's death, that occurred
prior to that date.
(i) In recognition of the state and local interests served by the
action made optional in subdivision (f), the Legislature encourages
local agencies to continue taking the action formerly mandated by
this section. However, nothing in this subdivision may be construed
to impose any liability on a local agency that does not continue to
take the formerly mandated action.
SEC. 97. Section 2514 of the Revenue and Taxation Code is amended
to read:
2514. (a) Upon receipt of a certificate of eligibility described
in Section 20602, Section 20639.6, or Section 20640.6 signed by the
claimant, the claimant's spouse, or authorized agent appointed under
regulations adopted by the Controller pursuant to Section 20603 or
Section 20640.7, the tax collector shall ascertain whether the amount
of money entered on the certificate by such claimant or agent, when
added to other amounts available for such purpose, are sufficient to
pay the amount due and owing.
If such is the case, the tax collector or his or her designee
shall countersign the certificate and mark the tax paid. Once signed
and countersigned, a certificate of eligibility shall be deemed a
negotiable instrument for purposes of all laws of this state, as
specified in subdivision (d) of Section 20602. Upon acceptance of
such a certificate:
(1) The tax collector shall enter the fact that taxes on the
property have been postponed in appropriate columns on the roll. In
the case of the secured roll, this information may be entered in that
portion of the roll which has been designated for tax default
information required by Section 3439.
(2) In the case of a certificate of eligibility issued pursuant to
Section 20602, the tax collector shall determine if the property
described in the certificate of eligibility is subject to a lien
recorded pursuant to Section 16182 of the Government Code. If the
property is not subject to such a lien, the tax collector shall enter
the amount paid by use of the certificate, the date of such payment,
the Controller's identification number shown on the certificate of
eligibility, the address of the property covered by the certificate,
and the name of the claimant as shown on the certificate on a "notice
of lien for postponed property taxes" form which shall be provided
by the Controller. The tax collector shall thereafter forward such
notice of lien form to the assessor.
(3) With respect to a claimant whose property taxes are paid by a
lender from an impound, trust, or other type of account described in
Section 2954 of the Civil Code, the tax collector shall notify the
auditor of the claimant's name and address, and the amount of money
entered on the certificate.
The auditor, treasurer, or disbursing officer shall send a check
in the amount of money entered on the certificate to said claimant
within 30 days following the date on which the installment is paid by
the lender or the certificate of eligibility is received from the
claimant, whichever is later.
(b) The procedures established by this chapter shall not be
construed to require a lender to alter the manner in which a lender
makes payment of the property taxes of such claimant.
(c) Notwithstanding any other provision in this section, any
action required of a local agency by this section in order to give
effect to the Senior Citizens Mobilehome Property Tax Postponement
Law (Chapter 3.3 (commencing with Section 20639) of Part 10.5 of
Division 2, and that has been determined by the Commission on State
Mandates to be a reimbursable mandate, shall be optional.
SEC. 98. Section 8352 of the Revenue and Taxation Code is amended
to read:
8352. Subject to the provisions of any budget bill heretofore or
hereafter enacted, the money deposited to the credit of the Motor
Vehicle Fuel Account is hereby appropriated for expenditure,
allocation, or transfer as provided in this chapter.
SEC. 99. Section 30462 of the Revenue and Taxation Code is amended
to read:
30462. (a) All money deposited in the Cigarette Tax Fund under
this part is hereby appropriated, subject to the provisions of any
budget bill heretofore or hereafter enacted, and shall, upon order of
the Controller, be drawn therefrom and allocated for the following
purposes:
(1) To pay the refunds authorized by this part.
(2) The balance remaining in the fund shall be transferred to the
General Fund of this state on or before the last calendar day of each
month.
(b) It is the intent of the Legislature that Section 30111
continues to prohibit the imposition of local taxes by any city,
charter city, town, county, charter county, city and county, charter
cities and counties, or other political subdivision or agency of this
state, on the sale, use, ownership, holding, or other distribution
of cigarettes and tobacco products except as provided by Section
30111. The Legislature finds and declares that the need for uniform
statewide regulation and collection of cigarette taxes is a matter of
statewide concern, and it is the Legislature's intent to regulate
the subject matter of cigarette taxes comprehensively and to occupy
the field to the exclusion of local action except as specifically
provided by Section 30111.
SEC. 100. Section 1587 of the Unemployment Insurance Code is
amended to read:
1587. No expenditure for administration shall be made from the
Contingent Fund.
SEC. 101. Section 21401 of the Vehicle Code is amended to read:
21401. (a) Except as provided in Section 21374, only those
official traffic control devices that conform to the uniform
standards and specifications promulgated by the Department of
Transportation shall be placed upon a street or highway.
(b) Any traffic signal controller that is newly installed or
upgraded by the Department of Transportation shall be of a standard
traffic signal communication protocol capable of two-way
communications. A local authority may follow this requirement.
(c) Notwithstanding any other provision of this section, the
training required by this section shall be optional for local
agencies. In recognition of the state and local interests served by
the action made optional in this section, the Legislature encourages
local agencies to continue taking the action formerly mandated by
this section. However, nothing in this subdivision may be construed
to impose any liability on a local agency that does not continue to
take the formerly mandated action.
SEC. 102. Section 42272 of the Vehicle Code is repealed.
SEC. 103. Section 3 of Chapter 899 of the Statutes of 1995 is
amended to read:
Sec. 3. The sum of four million four hundred thousand dollars
($4,400,000) is appropriated from the California Residential
Earthquake Recovery Fund to the Department of Insurance for the
program established pursuant to this act. During the second half of
the 1995-96 fiscal year, the Department of Insurance may use up to
one hundred fifty-nine thousand dollars ($159,000) for costs of
initial implementation and administration of the program. During the
1996-97 and 1997-98 fiscal years, no more than two hundred thousand
dollars ($200,000) per fiscal year may be used by the department to
administer this program. During the 1998-99 through 2002-03 fiscal
years, no more than two hundred sixty-five thousand dollars
($265,000) per fiscal year may be used by the department to
administer this program. Thereafter, no more than two hundred ninety
thousand dollars ($290,000)" per fiscal year may be used by the
department to administer the program.
Money appropriated by this section shall be available for
expenditure until July 1, 2004.
SEC. 104. Section 30 of Chapter 573 of the Statutes of 2003 is
amended to read:
Sec. 30. (a) Notwithstanding the inoperation and repeal, pursuant
to Section 69999.5 of the Education Code, of the Governor's Scholars
Program and the Governor's Distinguished Mathematics and Science
Scholars Program, the Scholarshare Investment Board may continue to
administer the scholarship accounts established pursuant to those
programs for scholarships that were authorized and awarded prior to
January 1, 2003. The Scholarshare Investment Board may administer
those accounts in accordance with Article 20 (commencing with Section
69995) of Chapter 2 of Part 42 of the Education Code, as it read on
January 1, 2003, for the duration of the scholarship awards
including, but not limited to, dispensing qualified withdrawals of
awards.
(b) Notwithstanding subdivision (a), Article 20.5 (commencing with
Section 69999.6) of Chapter 2 of Part 42 of the Education Code shall
govern the administrative responsibilities of the Scholarshare
Investment Board with respect to the Governor's Scholarship Programs
on and after the date that Article 20.5 (commencing with Section
69999.6) of Chapter 2 of Part 42 of the Education Code becomes
operative.
SEC. 105. The state office building in the City of Fresno for the
California Court of Appeal, Fifth Appellate District, shall be named
and known as the "George N. Zenovich Court of Appeal Building."
SEC. 106. It is the intent of the Legislature that the amendments
to Sections 71601, 71636, and 71823 of the Government Code made by
this act are technical and clarifying of existing law.
SEC. 107. (a) The Deficit Recovery Fund is hereby established in
the State Treasury.
(b) Proceeds of the bonds issued pursuant to the Economic Recovery
Bond Act (Title 18 (commencing with Section 99050) of the Government
Code) adopted by the voters at the March 2, 2004, statewide primary
election, accrued as 2003-04 fiscal year revenues, and deposited in
the General Fund from the Economic Recovery Fund pursuant to Section
99060 of the Government Code, are hereby appropriated from the
General Fund for transfer by the Controller for the 2003-04 fiscal
year to the Deficit Recovery Fund, upon approval by the Director of
Finance.
(c) The Director of Finance shall use the moneys transferred to
the Deficit Recovery Fund pursuant to this section to reimburse
General Fund expenditures, to reflect savings at a statewide level,
for the 2003-04 and 2004-05 fiscal years.
(d) Moneys in the Deficit Recovery Fund may be borrowed for
General Fund cashflow purposes as authorized by Sections 16310 and
16418 of the Government Code.
SEC. 109. Notwithstanding any other provision of law, the
Commission on State Mandates shall reconsider former State Board of
Control decisions 3916, 3759, 3760, and 3929 regarding the regional
housing needs mandate enacted by Chapter 1143 of the Statutes of 1980
to determine whether the statute is a reimbursable mandate under
Section 6 of Article XIII B of the California Constitution in light
of federal and state statutes enacted and federal and state court
decisions rendered since this statute was enacted, including the
existence of fee authority pursuant to Section 65584.1 of the
Government Code. The commission, if necessary, shall revise its
parameters and guidelines to be consistent with this reconsideration.
Any changes by the commission shall be deemed effective July 1,
2004.
SEC. 110. The Commission on State Mandates shall amend the
appropriate parameters and guidelines, and the Controller shall
revise the appropriate reimbursement claiming instructions to be
consistent with this act.
SEC. 111. (a) The sum of two million eight hundred thousand
dollars ($2,800,000) is hereby appropriated from the Property
Acquisition Law Money Account to the Department of General Services
for the 2004-05 fiscal year, for activities associated with the
disposal of surplus state property pursuant to Section 11011.10 of
the Government Code, as added by Section 34 of this act.
(b) The balance of any funds appropriated pursuant to subdivision
(a) that remain unencumbered on June 30, 2005, shall revert to the
Property Acquisition Law Money Account as of that date.
SEC. 112. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 113. 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 make the necessary changes to implement the Budget Act
of 2004 it is necessary that this act take effect immediately.