BILL NUMBER: AB 2768	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Utilities and Commerce (Fuentes (Chair),
Smyth (Vice Chair), Buchanan, Carter, Fletcher, Fong, Fuller,
Furutani, Huffman, Skinner, Swanson, Torrico, and Villines)

                        FEBRUARY 25, 2010

   An act to amend Sections 530, 534, 667, 669, 738, 4186, 5073.5,
5080.20, 5096.208, 5096.262, 6308, 6462, 7054, 7555, 9106, 13115,
22024, 25212, 25217.5, 31102, 32050, and 32054 of the Public
Resources Code, and to amend Section 1803 of the Vehicle Code,
relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2768, as introduced, Committee on Utilities and Commerce.
Vehicles: charter-party carriers: bus drivers.
   Existing law requires the clerk of a court in which a person was
convicted of specified violations to prepare and forward to the
Department of Motor Vehicles an abstract of record of the court
covering the case in which the person was convicted.This bill would
additionally require the clerk of the court to prepare and forward to
the department an abstract of record of the court covering the case
in which a person was convicted of driving a bus for a charter-party
carrier without having a current and valid driver's license of the
proper class, a passenger vehicle endorsement, or the required
certificate.
   Existing law establishes in the Public Resources Code various
boards, commissions, and committees regarding, among other things,
energy conservation, state parks, and state lands.
   This bill would make technical, nonsubstantive changes to those
provisions by replacing the term "chairman" with the gender neutral
term "chair."
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 530 of the Public Resources Code is amended to
read:
   530.  There is in the department the State Park and Recreation
Commission consisting of nine members appointed by the Governor,
subject to confirmation by the Senate. Whenever  any
  a  reference is made to the State Park Commission
or Recreation Commission pertaining to a duty, power, purpose,
responsibility, or jurisdiction of the State Park Commission or the
Recreation Commission, it shall be deemed to be a reference to and to
mean the State Park and Recreation Commission.
   The commission  chairman   chair  may
appoint committees composed of commission members and the duties of
 such   the  committees shall include 
, but not be limited to  ,  those duties set forth in
Sections 539 and 540  of this code  . Findings and
recommendations of the committees shall be presented to the
commission for consideration and action.
  SEC. 2.  Section 534 of the Public Resources Code is amended to
read:
   534.  The commission shall elect a  chairman 
 chair  from  their   its  number
who shall serve as  chairman  chair  for
one year and until  his   a  successor is
elected.
  SEC. 3.  Section 667 of the Public Resources Code is amended to
read:
   667.  Each member of the board shall receive one hundred dollars
($100) for each day during which the member is engaged in the
performance of official duties. The compensation of each member,
except the compensation of the  chairman   chair
 , shall not, however, exceed in any one fiscal year the sum of
four thousand dollars ($4,000). The  chairman  
chair  of the board may receive compensation of not to exceed
five thousand dollars ($5,000) in any one fiscal year for the
performance of official duties. In addition to  such
  the  compensation, each member shall be
reimbursed for necessary traveling and other expenses incurred in the
performance of official duties.
  SEC. 4.  Section 669 of the Public Resources Code is amended to
read:
   669.  The Governor shall designate the  chairman 
 chair  of the board from among the members of the board.
The person designated as the  chairman   chair
 shall hold  such   the  office at the
pleasure of the Governor. The board shall annually elect a vice
 chairman   chair  from among its members.
  SEC. 5.  Section 738 of the Public Resources Code is amended to
read:
   738.  The Governor shall designate the  chairman 
 chair  of the board from among the members of the board.
The person designated as the  chairman  chair
 shall hold  such   the  office at the
pleasure of the Governor. The board shall annually elect a vice
 chairman   chair  from among its members.
  SEC. 6.  Section 4186 of the Public Resources Code is amended to
read:
   4186.  All money  which   that  is
received by  this   the  state pursuant to
the  federal  Clarke-McNary Act and  which 
 that  is regularly allotted by the federal government
according to an annual formula shall be paid into the General Fund.
Any supplemental money received from the federal government pursuant
to the  federal  Clarke-McNary Act for use by the department
for specially designated projects shall be authorized by the
Director of Finance for augmentation of the subitem captioned
"Reimbursements" of the principal item of appropriation from the
General Fund for the support of the department contained in the
Budget Act for the fiscal year during which the supplemental money is
received. However, the Director of Finance  may 
 shall  not authorize the augmentation sooner than 30 days
after notification in writing of the necessity  therefor
  for the augmentation  to the  chairman
  chair  of the committee in each house which
considers appropriations and to the  Chairman  
Chair  of the Joint Legislative Budget Committee or sooner than
any lesser time which the  chairman   chair
 of that committee, or  his   the chair's
 designee, may in each instance determine.
  SEC. 7.  Section 5073.5 of the Public Resources Code is amended to
read:
   5073.5.  The Governor shall establish a California Recreational
Trails Committee to advise the director in the development and
coordination of the system. The committee shall consist of seven
members appointed by the Governor. Two members shall be selected from
the northern, two members from the southern, and two members from
the central portions of the state, and one member shall be selected
at large. Members shall be selected from lists submitted by private
organizations  which   that  have a
demonstrated interest in the establishment of recreation trails. The
 chairman   chair  of the committee shall
be elected by the members from their membership.
  SEC. 8.  Section 5080.20 of the Public Resources Code is amended to
read:
   5080.20.   No   A  contract, including a
contract entered into on lands operated pursuant to an agreement
entered into under Article 2 (commencing with Section 5080.30),
 which   that  is expected to involve a
total investment or estimated annual gross sales in excess of five
hundred thousand dollars ($500,000),  may  
shall not  be advertised for bid, negotiated, renegotiated, or
amended in any material respect unless and until all of the following
requirements have been complied with:
   (a)  The commission has reviewed the proposed services,
facilities, and location of the concession and determined that they
meet the requirements of Sections 5001.9 and 5080.03 and are
compatible with the classification of the unit in which the
concession will be operated.
   (b)  The Legislature has reviewed and approved the proposed
concession as part of the annual budget process or the requirements
of subdivision (c) have been complied with.  No 
 A  proposed concession shall  not  be submitted
for review by the Legislature until the commission has made its
determination pursuant to subdivision (a), unless deferring review by
the Legislature would be adverse to the interests of the public, in
which case the Legislature's review may precede the commission's
determination.
   (c)  Following enactment of the Budget Bill, the board has
determined that the proposed concession could not have been presented
to the Legislature for review and approval in the course of its
consideration of the Budget Bill, or the proposed concession was
reviewed and approved but it is necessary to revise the terms of the
invitation to bid or the contract in a material respect, and that it
would be adverse to the interests of the public to defer that review
and approval to a time when the Legislature next considers a Budget
Bill. Upon making that determination, the board may review and
approve the proposed concession, or any revision thereof, after
giving at least 20 days' written notice to the  Chairman
  Chair  of the Joint Legislative Budget Committee
and to the  chairmen   chair  of the fiscal
and appropriate policy committees of its intended action. All
actions taken by the board pursuant to this subdivision shall be
reported to the Legislature in the next Governor's Budget.
   (d)  The proposed concession is accompanied with documentation
sufficient to enable the Legislature, the commission, and the board,
as the case may be, to ascertain whether the concession will conform
to the requirements of this article and, as to the Legislature and
the board, to evaluate fully all terms on which the concession is
proposed to be let, including the rent and other returns anticipated
to be received.
  SEC. 9.  Section 5096.208 of the Public Resources Code is amended
to read:
   5096.208.  For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this chapter, the Parklands Program Finance Committee
is hereby created. The committee consists of the Governor, the
 State  Controller, the Director of Finance, the
 State  Treasurer, and the Secretary of the 
Natural  Resources Agency. For the purposes of this chapter, the
Parklands Program Finance Committee shall be "the committee" as that
term is used in the State General Obligation Bond Law, and the State
Treasurer shall serve as  chairman  chair 
of the committee. The Secretary of the  Natural  Resources
Agency is hereby designated as "the board" for the purposes of the
State General Obligation Bond Law.
  SEC. 10.  Section 5096.262 of the Public Resources Code is amended
to read:
   5096.262.  For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this chapter, the Parklands Program Finance Committee
is hereby created. The committee consists of the Governor, the
Controller, the Director of Finance, the Treasurer, and the Secretary
of the  Natural  Resources Agency. For the purposes of this
chapter, the Parklands Program Finance Committee shall be "the
committee" as that term is used in the State General Obligation Bond
Law, and the Treasurer shall serve as  chairman 
 chair  of the committee. The Secretary of the  Natural
 Resources Agency is hereby designated as "the board" for the
purposes of the State General Obligation Bond Law.
  SEC. 11.  Section 6308 of the Public Resources Code is amended to
read:
   6308.   Whenever   When  an action or
proceeding is commenced by or against a county, city, or other
political subdivision or agency of the  State  
state  involving the title to or the boundaries of tidelands or
submerged lands that have been or may hereafter be granted to it in
trust by the Legislature, the State of California shall be joined as
a necessary party defendant in  such   the 
action or proceeding. Service of summons shall be made upon the
 chairman   chair  of the State Lands
Commission and upon the Attorney General, and the Attorney General
shall represent the  State  state  in all
 such   the  actions or proceedings. If
judgment is given against the  State   state
 in  any such   the  action or
proceeding,  no  costs  can  
shall not  be recovered from the  State thereunder
  state  .
  SEC. 12.  Section 6462 of the Public Resources Code is amended to
read:
   6462.  Service of summons in  any such   a
 suit shall be upon the  Chairman  chair
 of the State Lands Commission and  the  Attorney
General and it shall be the duty of the Attorney General to represent
the  State   state  in  such
  the  suit.
  SEC. 13.  Section 7054 of the Public Resources Code is amended to
read:
   7054.   Any   An  order to lease made by
the governing body shall authorize and direct the execution and
delivery by the  chairman   chair  or other
presiding officer of a lease to the lessee.
  SEC. 14.  Section 7555 of the Public Resources Code is amended to
read:
   7555.  In  any   a  case where the
 State   state  has sold lands acquired by
it as swamp and overflowed lands, the person claiming or deraigning
title to any lands through or under  any   a
 purchase thereof from the  State   state
 may bring suit against the  State   state
 in  any   a  court of competent
jurisdiction of the  State   state  to
establish the boundaries of  ,  and to quiet title to  ,
 the land or  any   a  portion
thereof, and may prosecute  such   the 
suit to final judgment. The complaint in  any such 
 the  action shall contain a plat of the property described
therein, which plat shall show the location of the property in
respect to a section corner, the location of which is shown on an
approved United States Government township plat, or in respect to a
monument  which   that  has been
established by reference to  any such   a 
section corner.
   Service of summons in  such   the  suits
shall be made upon the  Chairman   chair 
of the State Lands Commission and upon the Attorney General, and the
Attorney General shall represent the  State  
state  in  all such   the  suits.

   No costs 
    Costs  against the  State   state
 shall  not  be allowed in  any such 
 the  suit.
  SEC. 15.  Section 9106 of the Public Resources Code is amended to
read:
   9106.  The commission shall elect a  chairman 
 chair  from  their   its  number
who shall serve as  chairman   chair  for
one year and until  his   the chair's 
successor is elected.
  SEC. 16.  Section 13115 of the Public Resources Code is amended to
read:
   13115.  The bonds shall be signed by the  chairman
  chair  of the board and countersigned by the
clerk of the board or  his   the clerk's 
deputy and the coupons shall be signed by the clerk of the board or
 his   the clerk's  deputy. All signatures
 ,  except that of the clerk  ,  on the bonds may
be printed, lithographed  ,  or engraved. If  any
  an  officer whose signature appears on the bonds
or coupons ceases to be  such   an  officer
before the delivery of the bonds,  his   the
 signature is as effective as if  he   the
officer  had remained in office. All bonds shall be payable at
the office of the county treasurer, who is the depositary of the
district.
  SEC. 17.  Section 22024 of the Public Resources Code is amended to
read:
   22024.  The commission shall select from among its members a
 chairman   chair  and a vice 
chairman   chair  .
  SEC. 18.  Section 25212 of the Public Resources Code is amended to
read:
   25212.  Every two years the Governor shall designate a 
chairman   chair  and vice  chairman
  chair  of the commission from among its members.
  SEC. 19.  Section 25217.5 of the Public Resources Code is amended
to read:
   25217.5.  The  chairman   chair  of the
commission shall direct the adviser, the executive director, and
other staff in the performance of their duties in conformance with
the policies and guidelines established by the commission.
  SEC. 20.  Section 31102 of the Public Resources Code is amended to
read:
   31102.  The Secretary of the  Natural  Resources Agency
shall select one of the public members to serve as the 
chairman   chair  of the conservancy. The public
member shall serve as  chairman   chair  at
the pleasure of the secretary. A majority of the total authorized
membership of the conservancy shall constitute a quorum for the
transaction of any business under this division. The conservancy
shall adopt its own regulations.
  SEC. 21.  Section 32050 of the Public Resources Code is amended to
read:
   32050.  (a) There is in state government the California Urban
Waterfront Area Restoration Financing Authority. The authority
constitutes a public instrumentality and a political subdivision of
the  State of California   state  , and the
exercise by the authority of powers conferred by this division is
the performance of an essential public function.
   (b) The authority shall consist of five members, the Director of
Finance, the Controller, the Treasurer, the Secretary of the 
Natural  Resources Agency, and the executive director of the
conservancy. The Treasurer shall serve as  chairman 
 chair  of the authority.
   (c) Each of the members of the authority may select a designee
from the member's agency to act for the member and represent the
member at all meetings of the authority.
   (d) The first meeting of the authority shall be convened by the
Treasurer.
  SEC. 22.  Section 32054 of the Public Resources Code is amended to
read:
   32054.  The  chairman   chair  shall
appoint an executive director who shall not be a member of the
authority and who shall serve at the pleasure of the authority and
shall employ the staff of the conservancy and other necessary persons
to enable the authority to properly perform the duties imposed upon
it by this division. The executive director shall receive
compensation as fixed by the authority. The authority may delegate to
the executive director the power to enter contracts on behalf of the
authority.
  SEC. 23.  Section 1803 of the Vehicle Code is amended to read:
   1803.  (a) (1) The clerk of a court in which a person was
convicted of a violation of this code, was convicted of a violation
of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code,  or
 a violation of subdivision (a) of Section 192.5 of the
Penal Code,  or a violation of subdivision (b) of Section 5387 of
the Public Utilities Code,  was convicted of an offense
involving use or possession of controlled substances under Division
10 (commencing with Section 11000) of the Health and Safety Code, was
convicted of a felony offense when a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, was involved in or
incidental to the commission of the offense, or was convicted of a
violation of any other statute relating to the safe operation of
vehicles, shall prepare within 5 days after conviction and
immediately forward to the department at its office at Sacramento an
abstract of the record of the court covering the case in which the
person was so convicted. If sentencing is not pronounced in
conjunction with the conviction, the abstract shall be forwarded to
the department within 5 days after sentencing and the abstract shall
be certified by the person so required to prepare it to be true and
correct.
   (2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
   (b) The following violations are not required to be reported under
subdivision (a):
   (1) Division 3.5 (commencing with Section 9840).
   (2) Section 21113, with respect to parking violations.
   (3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
   (4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
   (5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
   (6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
   (7) Division 16.5 (commencing with Section 38000), except Sections
38301, 38301.3, 38301.5, 38304.1, and 38504.1.
   (8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
   (c) If the court impounds a license or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
5 days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
   (d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
   (e) Within 5 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law. 
   (f) This section shall become operative on October 1, 2008.