BILL NUMBER: AB 185 AMENDED
AMENDED IN SENATE MARCH 18, 2010
AMENDED IN SENATE FEBRUARY 17, 2010
AMENDED IN SENATE SEPTEMBER 4, 2009
INTRODUCED BY Committee on Budget (Evans (Chair), Arambula, Beall,
Blumenfield, Brownley, Caballero, Carter, De La Torre, Feuer, Hill,
Huffman, Monning, Ruskin, and Swanson)
FEBRUARY 2, 2009
An act to add Sections 8587.3 and 8587.4 to the
Government Code, and to add Section 16031 to the Insurance Code,
relating to emergency services, and declaring the urgency thereof, to
take effect immediately. An act relating to the
Budget Act of 2010, and declaring the urgency thereof, to take effect
LEGISLATIVE COUNSEL'S DIGEST
AB 185, as amended, Committee on Budget. Emergency
services: property insurance surcharge. Budget Act of
The California Constitution requires the Governor to submit to the
Legislature a budget for the ensuing fiscal year, and requires the
Legislature to pass the budget by a specified date.
This bill would provide that the Budget Act of 2010 shall not
include specified amounts to reflect various savings or reductions.
This bill would declare that it is to take effect immediately as
an urgency statute.
(1) Existing law establishes the California Emergency Management
Agency, which is responsible for the state's emergency and disaster
response services for certain manmade disasters and emergencies,
including responsibility for activities necessary to prevent, respond
to, recover from, and mitigate the effects of emergencies and
disasters to people and property.
This bill would establish the Local Government Mutual Aid
Enhancement Program in the agency, and would require funds, as
specified, deposited in the Emergency Response Fund, to be allocated
to the program upon appropriation by the Legislature. This bill would
require the Secretary of California Emergency Management to allocate
funds to specified entities, for the purpose of enhancing or
sustaining fire and rescue disaster mutual aid capacity to combat the
effect of all hazard disasters, as provided. This bill would also
require the secretary, in consultation with specified entities, to
develop a strategy, as provided, for the enhancement of mutual aid,
and would require each fire and rescue operational area to submit a
3-year strategy for the enhancement of fire and rescue disaster
mutual aid, as specified, to the secretary.
(2) Existing law provides that the Insurance Commissioner, in
cooperation with insurers, the Office of Emergency Services, and
other emergency service agencies, shall establish procedures for the
coordination of efforts between insurers and their representatives
and those of emergency response agencies.
This bill would create the Emergency Response Fund in the State
Treasury. Insureds would be required to pay a special purpose
surcharge on commercial and residential fire and multiperil insurance
policies, including policies with combined property and liability
coverage, issued or renewed on or after July 1, 2010, as specified.
Funds from this surcharge would be available for appropriation by the
Legislature to fund emergency activities, as defined, of the
California Emergency Management Agency, the Department of Forestry
and Fire Protection, and the Military Department. Any balance
remaining in the fund at the end of a fiscal year would be retained
and carried forward to the next fiscal year. This bill would require
insurers collecting the surcharge to make a specified disclosure on
the policy declarations page, billing statement, or a separate
document accompanying the declarations page or billing statement.
This bill would also require the Department of Insurance, the
Department of Forestry and Fire Protection, and other state agencies
and departments to cooperate and provide information to the
California Emergency Management Agency as necessary to implement this
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Budget Act of 2010 shall not
include $17,377,000 in Item 0250-111-0001 to implement certain
provisions of the Omnibus Conservatorship and Guardianship Reform Act
SEC. 2. The Budget Act of 2010 shall not include
$41,000,000 in Item 0820-001-0001, and shall not include $4,102,000
in Item 0820-003-0001, for operation of, and lease-revenue payments
for, state criminal laboratories.
SEC. 3. The Budget Act of 2010 shall not include
$5,000,000 in Item 3600-001-0001.
SEC. 4. The Budget Act of 2010 shall not include
$811,000,000 in Item 5225-002-0001 to reflect reduced expenditures
for inmate medical care.
SEC. 5. The Budget Act of 2010 shall not include
$41,280,000 in Item 5225-001-0001, and shall not include $6,720,000
in Item 5225-011-0001, to reflect a reduction in the number of
juvenile wards supervised by the state.
SEC. 6. The Budget Act of 2010 shall not include
$227,990,000 to recognize the suspension or deferral of noneducation
SEC. 7. The Budget Act of 2010 shall not include
at least $140,000,000 in appropriations from the General Fund to
reflect information technology and related savings achieved by state
agencies pursuant to the Governor's Reorganization Plan No. 1 of 2009
or Section 11545 of the Government Code.
SEC. 8. The Budget Act of 2010 shall not include
$449,600,000 in appropriations from the General Fund to reflect
savings from implementing the five percent reduction to departmental
personnel costs resulting from Executive Order S-01-10. It is the
intent of the Legislature that first priority for achieving these
personnel savings come from administration, including, but not
limited to, agency, headquarters, and central offices, and that every
effort be made to avoid negative impacts on the delivery of direct
SEC. 9. The Budget Act of 2010 shall not include
$130,000,000 in appropriations from the General Fund to reflect the
Operating Expenses and Equipment savings resulting from Executive
SEC. 10. The Budget Act of 2010 shall not include
$98,100,000 in appropriations from the General Fund to reflect
savings from delaying prepayment of other postemployment benefits.
SEC. 11. The Budget Act of 2010 shall not include
$28,300,000 in Item 4260-101-0001 to recognize additional anti-fraud
activities to be conducted by the Department of Health Care Services
in the Medi-Cal Program.
SEC. 12. 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:
This act implements various savings and reductions related to the
budget for the 2010-11 fiscal year and it is imperative that these
changes be made at the earliest possible time. It is therefore
necessary that this act go into immediate effect. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, February 17, 2010. (JR11)