BILL NUMBER: AB 2768	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 2, 2010
	PASSED THE ASSEMBLY  AUGUST 9, 2010
	AMENDED IN SENATE  JUNE 2, 2010

INTRODUCED BY   Committee on Utilities and Commerce ( Bradford
(Chair), Knight (Vice Chair), Tom Berryhill, Buchanan, Carter,
Fletcher, Fong, Fuentes, Fuller, Furutani, Huffman, Ma, Skinner,
Swanson, 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, to repeal Section 389 of the Public Utilities Code,
and to amend Section 1803 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2768, Committee on Utilities and Commerce. Vehicles:
charter-party carriers: busdrivers.
   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."
   Existing law requires the Secretary of the California
Environmental Protection Agency, prior to March 31, 1997, to submit a
report to the Legislature on public policy strategies that address
the feasibility of shifting costs from electric utility ratepayers,
in whole or in part, to other classes of beneficiaries. Existing law
requires the secretary, on or before March 31 of each year from 1999
to 2001, inclusive, to submit to the Legislature an annual report on
the existence, status, and progress of any public policy measures for
cost-shifting.
   This bill would repeal those obsolete reporting provisions.


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 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 chair may appoint committees composed of commission
members and the duties of the committees shall include, but not be
limited to, those duties set forth in Sections 539 and 540. 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 chair from its number who shall
serve as chair for one year and until 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 chair, shall not, however, exceed in
any one fiscal year the sum of four thousand dollars ($4,000). The
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 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 chair of the board from
among the members of the board. The person designated as the chair
shall hold the office at the pleasure of the Governor. The board
shall annually elect a vice chair from among its members.
  SEC. 5.  Section 738 of the Public Resources Code is amended to
read:
   738.  The Governor shall designate the chair of the board from
among the members of the board. The person designated as the chair
shall hold the office at the pleasure of the Governor. The board
shall annually elect a vice chair from among its members.
  SEC. 6.  Section 4186 of the Public Resources Code is amended to
read:
   4186.  All money that is received by the state pursuant to the
federal Clarke-McNary Act and 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 shall not authorize the
augmentation sooner than 30 days after notification in writing of the
necessity for the augmentation to the chair of the committee in each
house which considers appropriations and to the Chair of the Joint
Legislative Budget Committee or sooner than any lesser time which the
chair of that committee, or 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 that have a demonstrated interest in the establishment
of recreation trails. The 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.  A contract, including a contract entered into on lands
operated pursuant to an agreement entered into under Article 2
(commencing with Section 5080.30), that is expected to involve a
total investment or estimated annual gross sales in excess of five
hundred thousand dollars ($500,000), 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. 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 Chair of the Joint
Legislative Budget Committee and to the 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
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
State Treasurer shall serve as 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 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.  When an action or proceeding is commenced by or against a
county, city, or other political subdivision or agency of the 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 the action or proceeding. Service of
summons shall be made upon the chair of the State Lands Commission
and upon the Attorney General, and the Attorney General shall
represent the state in all the actions or proceedings. If judgment is
given against the state in the action or proceeding, costs shall not
be recovered from the state.
  SEC. 12.  Section 6462 of the Public Resources Code is amended to
read:
   6462.  Service of summons in a suit shall be upon the chair of the
State Lands Commission and the Attorney General and it shall be the
duty of the Attorney General to represent the state in the suit.
  SEC. 13.  Section 7054 of the Public Resources Code is amended to
read:
   7054.  An order to lease made by the governing body shall
authorize and direct the execution and delivery by the 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 a case where the state has sold lands acquired by it as
swamp and overflowed lands, the person claiming or deraigning title
to any lands through or under a purchase thereof from the state may
bring suit against the state in a court of competent jurisdiction of
the state to establish the boundaries of, and to quiet title to, the
land or a portion thereof, and may prosecute the suit to final
judgment. The complaint in 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 that has been established by reference to a
section corner.
   Service of summons in the suits shall be made upon the chair of
the State Lands Commission and upon the Attorney General, and the
Attorney General shall represent the state in the suits.
    Costs against the state shall not be allowed in the suit.
  SEC. 15.  Section 9106 of the Public Resources Code is amended to
read:
   9106.  The commission shall elect a chair from its number who
shall serve as chair for one year and until 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 chair of the board and
countersigned by the clerk of the board or the clerk's deputy and the
coupons shall be signed by the clerk of the board or the clerk's
deputy. All signatures, except that of the clerk, on the bonds may be
printed, lithographed, or engraved. If an officer whose signature
appears on the bonds or coupons ceases to be an officer before the
delivery of the bonds, the signature is as effective as if 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 chair
and a vice chair.
  SEC. 18.  Section 25212 of the Public Resources Code is amended to
read:
   25212.  Every two years the Governor shall designate a chair and
vice 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 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 chair of the conservancy.
The public member shall serve as 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, 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 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 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 389 of the Public Utilities Code is repealed.
  SEC. 24.  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, 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 five
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 five 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
five 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 five 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.