BILL NUMBER: GRP 2 INTRODUCED
BILL TEXT
INTRODUCED BY
MAY 3, 2012
An act to amend Sections 100, 101, 130, 149, 205, 1000, 8501,
8502, 8520, 8520.2, 8525, 8674, 8676, 10004, 10005, 10050, 10053,
11301, 11302, 11310, 11313, 19404, 19601.01, 19613.05, 19826, 19861,
19864, 19872, 19881, 23050, and 23075 of, and to repeal Sections
11313.2 and 19881.5 of, the Business and Professions Code, to amend
Sections 14060.6, 25005, 29503, and 31004 of, and to repeal Sections
25600, 25601, 25602, and 25603 of, the Corporations Code, to amend
Section 22001 of the Education Code, to amend Sections 125, 300, 320,
4805.055, 5104, 5106, 12003, 14003, 14200.1, 14200.2, 17002, 18002,
18002.5, 22005, 30002, 31055, and 50003 of, to amend the heading of
Chapter 3 (commencing with Section 300) of Division 1 of, to amend
the heading of Article 2 (commencing with Section 320) of Chapter 3
of Division 1 of, and to repeal and add Sections 321, 351, and 371
of, the Financial Code, to amend Sections 1389 and 2301 of the Fish
and Game Code, to amend Sections 3806, 4101, 4101.3, 4101.4, 4102,
4104, 4105, 4106, 4108, and 58509 of, and to repeal Section 11451.5
of, the Food and Agricultural Code, to amend Sections 179.7, 955.1,
3101, 3102, 6254, 6254.23, 6276.26, 6276.38, 8550, 8570.5, 8574.17,
8574.20, 8574.21, 8574.22, 8575, 8584.1, 8585, 8585.05, 8585.1,
8585.2, 8585.7, 8586, 8587.7, 8588, 8588.1, 8588.3, 8588.7, 8588.10,
8588.11, 8589, 8589.1, 8589.2, 8589.5, 8589.6, 8589.7, 8589.9,
8589.10, 8589.19, 8590.1, 8590.3, 8590.4, 8591, 8592.1, 8592.5,
8592.7, 8593, 8593.1, 8593.2, 8593.6, 8596, 8599, 8600, 8607, 8607.2,
8608, 8610, 8610.5, 8612, 8613, 8614, 8649, 8651, 8657, 8657.5,
8670.20, 8670.25.5, 8670.26, 8670.64, 8682, 8682.9, 8685, 8687.7,
8692, 8840, 8841, 8844, 8870.1, 8870.2, 8870.4, 8870.7, 8870.71,
8871.3, 8871.4, 8876.7, 8878.52, 8879.23, 8879.50, 8879.53, 8879.57,
8879.58, 8879.59, 8879.60, 8879.61, 11340.2, 11532, 11534, 11535,
11537, 11538, 11540, 11541, 11542, 11543, 11544, 11545, 11546,
11546.1, 11546.2, 11546.3, 11546.4, 11546.5, 11546.6, 11549, 11549.3,
11550, 11552, 12012.90, 12800, 12804.5, 12804.7, 12805, 12855,
12856, 12901, 12944, 13901, 13903, 13978.6, 13984, 13995.20,
13995.30, 13995.40, 13995.42, 13995.43, 13995.44, 13995.45, 13995.50,
13995.51, 13995.53, 13995.54, 13995.55, 13995.56, 13995.60,
13995.63, 13995.64, 13995.65, 13995.68, 13995.69, 13995.71, 13995.72,
13995.73, 13995.74, 13995.75, 13995.77, 13995.82, 13995.83,
13995.84, 13995.102, 13995.110, 13995.116, 14001, 14002.5, 14500,
14520, 14601, 14998.2, 15251, 15254, 15275, 15277, 15363.61,
15363.62, 15363.63, 15700, 16304.9, 18521, 20002, 53108.5, 53126.5,
63021, and 63021.5 of, to add Sections 12803.2, 12813.5, and 19815.25
to, to repeal Section 65037.1 of, to repeal Chapter 3.1 (commencing
with Section 8240) of Division 1 of Title 2 of, and to repeal and add
Sections 12804 and 13975 of, the Government Code, to amend Sections
32, 33, 50, 50.1, 50.2, 85.2, and 1150 of, to repeal Sections 31 and
65.4 of, and to repeal Chapter 3 (commencing with Section 80) of
Division 1 of the Harbors and Navigation Code, to amend Sections
18901, 18917.5, 18920, 18922, 50400, 50900, 50901, 50913, and 51005
of the Health and Safety Code, to amend Sections 326.3 and 326.5 of
the Penal Code, to amend Sections 12101, 12103, 12104, 12105, 12120,
and 12121 of the Public Contract Code, to amend Sections 5075.8,
5099.12, 10002, 30404, 36300, and 40400 of the Public Resources Code,
to amend Sections 883, 2872.5, 2892, 2892.1, 7718, and 185020 of the
Public Utilities Code, to amend Sections 41030, 41031, 41032,
41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141 and 41142 of the
Revenue and Taxation Code, to amend Sections 1500, 1505, 2100, 2109,
2901, and 2902 of the Vehicle Code, and to amend Sections 11910 and
11910.1 of the Water Code, relating to reorganization of the
executive branch of state government.
LEGISLATIVE COUNSEL'S DIGEST
Governor's Reorganization Plan No. 2 of 2011
Governor's reorganization plan: reorganization of executive branch
of state government.
Under existing law, the executive branch of state government
includes the State and Consumer Services Agency; the Business,
Transportation and Housing Agency; the California Emergency
Management Agency; the California Environmental Protection Agency;
the California Health and Human Services Agency; the Labor and
Workforce Development Agency; the Natural Resources Agency; and the
Corrections and Rehabilitation Agency. Existing law also establishes
the Technology Agency, the Department of Food and Agriculture, and
the Department of Veterans Affairs, which are headed by secretaries,
in the executive branch.
This reorganization plan would revise the agency structure and
result in establishing the following agencies in the executive branch
of state government: Business and Consumer Services, Government
Operations, Corrections and Rehabilitation, Labor and Workforce
Development, California Health and Human Services, Environmental
Protection, Natural Resources, and Transportation. The departments of
Food and Agriculture and Veterans Affairs would also remain in the
executive branch and be headed by secretaries. The plan would make
the following specific changes with respect to state agencies,
departments, and boards:
(1) Under existing law, the State and Consumer Services Agency is
comprised of the Department of General Services; the Department of
Consumer Affairs; the Franchise Tax Board; the Public Employees'
Retirement System; the State Teachers' Retirement System; the
Department of Fair Employment and Housing; the Fair Employment and
Housing Commission; the California Science Center; the California
Victim Compensation and Government Claims Board; the California
African American Museum; the California Building Standards
Commission; the Alfred E. Alquist Seismic Safety Commission; and the
Office of Privacy Protection.
This reorganization plan would eliminate that agency and instead
establish in state government the Business and Consumer Services
Agency, comprised of the Department of Consumer Affairs, the
Department of Housing and Community Development, the Department of
Fair Employment and Housing, the Department of Business Oversight,
the Department of Alcoholic Beverage Control, the Alcoholic Beverage
Control Appeals Board, the California Horse Racing Board, and the
Alfred E. Alquist Seismic Safety Commission. The plan would transfer
the Office of Exposition Park Management, the California Science
Center, and the California African American Museum to the Natural
Resources Agency.
(2) Existing law creates in the Business, Transportation and
Housing Agency the Department of Real Estate and the Office of Real
Estate Appraisers.
This plan would abolish those departments and instead establish in
the Department of Consumer Affairs the Bureau of Real Estate and the
Bureau of Real Estate Appraisers.
(3) Existing law establishes the Structural Pest Control Board in
the Department of Pesticide Regulation. Existing law also creates the
State Board of Chiropractic Examiners.
The plan would transfer the Structural Pest Control Board from the
Department of Pesticide Regulation to the Department of Consumer
Affairs. The plan would also provide that the State Board of
Chiropractic Examiners is a unit within the Department of Consumer
Affairs.
(4) Existing law establishes the California Gambling Control
Commission. Existing law vests the commission with jurisdiction over
the operation, concentration, and supervision over gambling
establishments in the state and over all persons or things having to
do with the operation of gambling establishments. Among other duties,
existing law authorizes the commission to act as the regulatory body
for gambling establishments, proposition players, remote caller
bingo, and tribal casinos, as specified, by creating policy,
establishing regulations, issuing licenses, and administering certain
Indian gaming revenues and trust funds, as defined.
Existing law vests the Department of Justice with law enforcement
and investigatory powers pertaining to gambling establishments,
gambling licenses, and work permits. Among other duties, existing law
authorizes the department to conduct background investigations,
monitor the conduct of licensees, and initiate disciplinary actions
for violations of law, as specified.
This plan would consolidate the support, investigatory, auditing,
and compliance functions of the California Gambling Control
Commission and transfer these duties to the Department of Justice.
The commission would retain jurisdiction over the licensing,
policies, regulations, criteria, and standards pertaining to gaming.
(5) Existing law creates the Department of Corporations and the
Department of Financial Institutions within the Business,
Transportation and Housing Agency. The Department of Corporations
provides for the licensure and regulation of businesses engaged in
financial transactions, including securities brokers and dealers,
investment advisors, financial planners, and certain fiduciaries and
lenders, as specified. The Department of Financial Institutions
oversees the operation of state-chartered financial institutions,
including banks, credit unions, and various mortgage and money
lenders. The Commissioner of Corporations and the Commissioner of
Financial Institutions are responsible for overseeing and carrying
out the duties and responsibilities of their respective departments.
This plan would abolish the Department of Corporations and the
Department of Financial Institutions and transfer their
responsibilities to the Department of Business Oversight, which would
be established within the Business and Consumer Services Agency. The
executive officer of the new Department of Business Oversight would
be the Commissioner of Business Oversight. The department's
administration would include a Deputy Commissioner of Business
Oversight for the Division of Corporations and a Deputy Commissioner
of Business Oversight for the Division of financial Institutions.
(6) Existing law provides for the governance and finance of state
government.
This plan would establish the Government Operations Agency and
transfer to that agency the Office of Administrative Law, the Public
Employees' Retirement System, the State Teachers' Retirement System,
the State Personnel Board, the California Victim Compensation and
Government Claims Board, the Department of General Services, a newly
created Department of Technology, the Department of Human Resources,
and the Franchise Tax Board.
(7) Existing law establishes within state government the
California Emergency Management Agency, which is governed by the
Secretary of California Emergency Management.
This plan would recast the agency as the Office of Emergency
Services within the office of the Governor and the secretary as the
Director of Emergency Services.
(8) Existing law establishes within state government the
California Technology Agency, which governs, among others, the Office
of Information Security and the Office of Technology Services. The
agency is governed by the Secretary of California Technology. The
offices are governed by directors.
This plan would recast the office as the Department of Technology
within the Government Operations Agency and the secretary as the
Director of Technology.
(9) Existing law establishes the California Infrastructure and
Economic Development Bank, the Office of Tourism, the California Film
Commission, the Film California First Program, and the Small
Business Loan Guarantee Program within the Business, Transportation
and Housing Agency.
This plan would transfer these state entities to the Governor's
Office of Business and Economic Development.
(10) Existing law establishes the Department of Transportation,
the Department of Motor Vehicles, the Department of the California
Highway Patrol, and the Board of Pilot Commissioners, among others,
in the Business, Transportation and Housing Agency and a California
Transportation Commission and a High-Speed Rail Authority in state
government.
This plan would include all the above entities within the
Transportation Agency.
(11) Existing law establishes the Department of Boating and
Waterways in the Natural Resources Agency and charges the department
with duties related to beach erosion, harbors, and recreational boat
trails. Existing law establishes the Boating and Waterways Commission
to provide advice to the department.
This plan would transfer the department into the Department of
Parks and Recreation as a division of that department and eliminate
the Boating and Waterways Commission.
(12) Existing law establishes the California Housing Finance
Agency within the Business, Transportation and Housing Agency, and
authorizes the California Housing Finance Agency to carry out various
powers and duties relating to meeting the housing needs of persons
and families of low or moderate income.
This plan would instead provide that the California Housing
Finance Agency is within the Department of Housing and Community
Development and make various conforming changes.
(13) Existing law establishes the Department of Resources
Recycling and Recovery, a department charged with the responsibility
of regulating solid waste disposal, in the Natural Resources Agency.
This plan would transfer the Department of Resources Recycling and
Recovery to the California Environmental Protection Agency.
(14) Existing law establishes the California Traffic Safety
Program, which consists of a comprehensive plan to reduce traffic
accidents, deaths, injuries, and property damage resulting from
accidents. Existing law authorizes the Governor to appoint a highway
safety representative in the Business, Transportation and Housing,
who serves at the pleasure of the Secretary of Business,
Transportation and Housing Agency and who is required to prepare the
program. Existing law authorizes, to the maximum extent authorized by
federal law, the Governor to delegate to the agency and the
representative any power or authority to administer the program.
This plan would instead authorize the Governor to appoint the
highway safety representative in the Transportation Agency who would
serve at the pleasure of the Secretary of Transportation. The plan
would authorize the Governor to delegate power and authority to the
Secretary of Transportation to administer the program.
(15) This reorganization plan would become operative on July 1,
2013, and would authorize a state agency, department, or entity to
take actions prior to July 1, 2013, that are necessary to ensure that
the provisions of the plan become operative on July 1, 2013.
SECTION 1. Section 100 of the Business and Professions Code is
amended to read:
100. There is in the state government, in the State
Business and Consumer Services Agency, a
Department of Consumer Affairs.
SEC. 2. Section 101 of the Business and Professions Code is
amended to read:
101. The department is comprised of the following :
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary Education.
(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech-Language Pathology and Audiology Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(al) The Bureau of Real Estate.
(am) The Bureau of Real Estate Appraisers.
(an) The Structural Pest Control Board.
(ak)
(ao) Any other boards, offices, or officers subject to
its jurisdiction by law.
SEC. 3. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The California Board of Podiatric Medicine.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing.
(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6) The State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors' State License Board.
(13) The State Board of Guide Dogs for the Blind.
(14) The Board of Behavioral Sciences.
(15) The Court Reporters Board of California.
(16) The State Athletic Commission.
(17) The Osteopathic Medical Board of California.
(18) The Respiratory Care Board of California.
(19) The Acupuncture Board.
(20) The Board of Psychology.
(21) The Structural Pest Control Board.
SEC. 4. Section 149 of the Business and Professions Code is
amended to read:
149. (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
(1) The Bureau of Barbering and Cosmetology.
(2) The Cemetery and Funeral Bureau.
(3) The Veterinary Medical Board.
(4) The Landscape Architects Technical Committee.
(5) The California Board of Podiatric Medicine.
(6) The Respiratory Care Board of California.
(7) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(8) The Bureau of Security and Investigative Services.
(9) The Bureau of Automotive Repair.
(10) The California Architects Board.
(11) The Speech-Language Pathology and Audiology Board.
(12) The Board for Professional Engineers and Land Surveyors.
(13) The Board of Behavioral Sciences.
(14) The Structural Pest Control Board within the
Department of Pesticide Regulation .
(15) The Acupuncture Board.
(16) The Board of Psychology.
(17) The California Board of Accountancy.
(18) The Naturopathic Medicine Committee.
(19) The Physical Therapy Board of California.
(20) The Bureau for Private Postsecondary Education.
SEC. 5. Section 205 of the Business and Professions Code is
amended to read:
205. (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
(1) Accountancy Fund.
(2) California Architects Board Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery Fund.
(6) Contractors' License Fund.
(7) State Dentistry Fund.
(8) State Funeral Directors and Embalmers Fund.
(9) Guide Dogs for the Blind Fund.
(10) Home Furnishings and Thermal Insulation Fund.
(11) California Architects Board-Landscape Architects Fund.
(12) Contingent Fund of the Medical Board of California.
(13) Optometry Fund.
(14) Pharmacy Board Contingent Fund.
(15) Physical Therapy Fund.
(16) Private Investigator Fund.
(17) Professional Engineer's and Land Surveyor's Fund.
(18) Consumer Affairs Fund.
(19) Behavioral Sciences Fund.
(20) Licensed Midwifery Fund.
(21) Court Reporters' Fund.
(22) Veterinary Medical Board Contingent Fund.
(23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
(24) Electronic and Appliance Repair Fund.
(25) Geology and Geophysics Account of the Professional Engineer's
and Land Surveyor's Fund.
(26) Dispensing Opticians Fund.
(27) Acupuncture Fund.
(28) Physician Assistant Fund.
(29) Board of Podiatric Medicine Fund.
(30) Psychology Fund.
(31) Respiratory Care Fund.
(32) Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Fund.
(33) Board of Registered Nursing Fund.
(34) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(35) Animal Health Technician Examining Committee Fund.
(36) State Dental Hygiene Fund.
(37) State Dental Assistant Fund.
(38) Structural Pest Control Fund.
(39) Structural Pest Control Eradication and Enforcement Fund.
(40) Structural Pest Control Research Fund.
(b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
SEC. 6. Section 1000 of the Business and Professions Code is
amended to read:
1000. (a) The law governing practitioners
of chiropractic is found in an initiative act entitled "An act
prescribing the terms upon which licenses may be issued to
practitioners of chiropractic, creating the State Board of
Chiropractic Examiners and declaring its powers and duties,
prescribing penalties for violation hereof, and repealing all acts
and parts of acts inconsistent herewith," adopted by the electors
November 7, 1922.
(b) The State Board of Chiropractic Examiners is within the
Department of Consumer Affairs.
SEC. 7. Section 8501 of the Business and Professions Code is
amended to read:
8501. "Director" refers to the Director of Pesticide
Regulation Consumer Affairs .
SEC. 8. Section 8502 of the Business and Professions Code is
amended to read:
8502. "Board" refers to the Structural Pest Control Board within
the Department of Pesticide Regulation
Consumers Affairs .
SEC. 9. Section 8520 of the Business and Professions Code is
amended to read:
8520. (a) There is in the Department of Pesticide
Regulation Consumer Affairs a Structural Pest
Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 6 (commencing with Section 11401) of the Food and
Agricultural Code 1 (commencing with Section 100)
, the board is vested with the power to and shall administer
the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 10. Section 8520.2 of the Business and Professions Code is
amended to read:
8520.2. (a) The Structural Pest Control Board is hereby
transferred from the jurisdiction of the Department of
Consumer Affairs Pesticide Regulation and placed
under the jurisdiction of the Department of Pesticide
Regulation Consumer Affairs .
(b) The registrar of the board under the jurisdiction of the
Department of Consumer Affairs Pesticide
Regulation shall remain as the registrar of the board under the
jurisdiction of the Department of Pesticide Regulation
Consumer Affairs .
(c) The members appointed to the board while under the
jurisdiction of the Department of Consumer Affairs
Pesticide Regulation shall remain as members of the board
under the jurisdiction of the Department of Pesticide
Regulation Consumer Affairs .
(d) All employees of the board under the jurisdiction of the
Department of Consumer Affairs Pesticide
Regulation are hereby transferred to the board under the
jurisdiction of the Department of Pesticide Regulation
Consumer Affairs .
(e) The duties, powers, purposes, responsibilities, and
jurisdictions of the board under the jurisdiction of the Department
of Consumer Affairs Pesticide Regulation
shall remain with the board under the jurisdiction of the
Department of Pesticide Regulation Consumer
Affairs .
(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the board formerly within the jurisdiction of the
Department of Consumer Affairs Pesticide
Regulation .
(g) Any reference to the board in this chapter or in any other
provision of law or regulation shall be construed as a reference to
the board under the jurisdiction of the Department of
Pesticide Regulation Consumer Affairs .
SEC. 11. Section 8525 of the Business and Professions Code is
amended to read:
8525. (a) The board, subject to the
approval of the director, may, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt, amend, repeal, and enforce reasonably
necessary rules and regulations relating to the practice of pest
control and its various branches as established by Section 8560 and
the administration of this chapter.
(b) The board shall consult with the Department of Pesticide
Regulation when developing or adopting regulations that may affect
the Department of Pesticide Regulation or a county agricultural
commissioner's responsibilities pursuant to Division 7 (commencing
with Section 12501) of the Food and Agricultural Code.
SEC. 12. Section 8674 of the Business and Professions Code is
amended to read:
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
(c) An operator's examination fee of not more than twenty-five
dollars ($25).
(d) An operator's license fee of not more than one hundred fifty
dollars ($150).
(e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
(f) A company registration fee of not more than one hundred twenty
dollars ($120).
(g) A branch office registration fee of not more than sixty
dollars ($60).
(h) A field representative's examination fee of not more than
fifteen dollars ($15).
(i) A field representative's license fee of not more than
forty-five dollars ($45).
(j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
(k) An applicator's examination fee of not more than fifteen
dollars ($15).
(l) An applicator's license fee of not more than fifty dollars
($50).
(m) An applicator's license renewal fee of not more than fifty
dollars ($50).
(n) An activity form fee, per property address, of not more than
three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
(p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp purchased from the board. Notwithstanding any other
provision of law, the fee established pursuant to this subdivision
shall be deposited with a bank or other depository approved by the
Department of Finance and designated by the Research Advisory Panel
or into the Structural Pest Control Research Fund that is hereby
continued in existence and continuously appropriated to be used only
for structural pest control research. If the Research Advisory Panel
designates that the fees be deposited in an account other than the
Structural Pest Control Research Fund, any moneys in the fund shall
be transferred to the designated account.
(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Pesticide
Regulation Consumer Affairs that includes, but
is not limited to, all of the following requirements:
(A) The depository shall serve as custodian for the safekeeping of
the funds.
(B) Funds deposited in the designated account shall be encumbered
solely for the exclusive purpose of implementing and continuing the
program for which they were collected.
(C) Funds deposited in the designated account shall be subject to
an audit at least once every two years by an auditor selected by the
Director of Pesticide Regulation Consumer
Affairs . A copy of the audit shall be provided to the director
within 30 days of completion of the audit.
(D) The Department of Pesticide Regulation
Consumer Affairs shall be reimbursed for all expenses it incurs
that are reasonably related to implementing and continuing the
program for which the funds were collected in accordance with the
agreement.
(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of the
program shall be maintained in the designated account.
(3) A charge for administrative expenses of the board in an amount
not to exceed 5 percent of the amount collected and deposited in the
Structural Pest Control Research Fund may be assessed against the
fund. The charge shall be limited to expenses directly related to the
administration of the fund.
(4) The board shall, by regulation, establish a five-member
research advisory panel including, but not limited to,
representatives from each of the following: (A) the Structural Pest
Control Board, (B) the structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the University of
California. The panel, or other entity designated by the board, shall
solicit on behalf of the board all requests for proposals and
present to the panel all proposals that meet the criteria established
by the panel. The panel shall review the proposals and recommend to
the board which proposals to accept. The recommendations shall be
accepted upon a two-thirds vote of the board. The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds from
the Structural Pest Control Research Fund to the applicants whose
proposals were accepted by the board.
(5) A charge for requests for proposals, contracts, and monitoring
of contracted research shall not exceed 5 percent of the research
funds available each year and shall be paid from the Structural Pest
Control Research Fund.
SEC. 13. Section 8676 of the Business and Professions Code is
amended to read:
8676. The Department of Pesticide Regulation
Consumer Affairs shall receive and account for all moneys
collected under this chapter at the end of each month, and shall pay
it into the Treasury to the credit of the Structural Pest Control
Fund, which is hereby continued in existence.
The moneys in this fund shall be expended for the pro rata cost of
administration of the Department of Pesticide Regulation
Consumer Affairs and for the purpose of carrying
out the provisions of this chapter.
SEC. 14. Section 10004 of the Business and Professions Code is
amended to read:
10004. "Department" "Bureau" means
the Department Bureau of Real Estate in
the Business, Transportation and Housing Agency
Department of Consumer Affairs .
SEC. 15. Section 10005 of the Business and Professions Code is
amended to read:
10005. Whenever the terms "bureau," "division,"
"department," "Department of Real Esta te," "State
Real Estate Division," or "Real Estate Division" are used in this
division, they mean the Department Bureau
of Real Estate.
Whenever the terms "Department of Real Estate," " State
Real Estate Division" Division," or "
Real Estate Division" are used in any other law, they mean the
Department Bureau of Real Estate.
SEC. 16. Section 10050 of the Business and Professions Code is
amended to read:
10050. (a) There is in the
Business and Transportation Agency Department of
Consumer Affairs a Department Bureau
of Real Estate, the chief officer of which department
bureau is named the Real Estate Commissioner.
It
(b) It shall be the principal
responsibility of the commissioner to enforce all laws in this part
(commencing with Section 10000) and Chapter 1 (commencing with
Section 11000) of Part 2 of this division in a manner which
that achieves the maximum protection for the
purchasers of real property and those persons dealing with real
estate licensees.
(c) Wherever the term "commissioner" is used in this division, it
means the Real Estate Commissioner.
SEC. 17. Section 10053 of the Business and Professions Code is
amended to read:
10053. The commissioner shall receive an annual salary as
provided in Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code, to be paid monthly out
of the State Treasury upon a warrant of the Controller, and shall be
allowed his or her actual and necessary expenses in the
discharge of his or her duties.
SEC. 18. Section 11301 of the Business and Professions Code is
amended to read:
11301. (a) There is hereby created within
the Business, Transportation and Housing Agency an Office
Department of Consumer Affairs a Bureau of Real
Estate Appraisers to administer and enforce this part.
(b) Whenever the term "Office of Real Estate Appraisers" appears
in any other law, it means the "Bureau of Real Estate Appraisers."
SEC. 19. Section 11302 of the Business and Professions Code is
amended to read:
11302. For the purpose of applying this part, the following
terms, unless otherwise expressly indicated, shall mean and have the
following definitions:
(a) "Agency" means the Business, Transportation and
Housing Agency. "Department" means the Department of
Consumer Affairs.
(b) "Appraisal" means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
opinion in a federally related transaction as to the market value of
an adequately described property as of a specific date, supported by
the presentation and analysis of relevant market information.
The term "appraisal" does not include an opinion given by a real
estate licensee or engineer or land surveyor in the ordinary course
of his or her business in connection with a function for which a
license is required under Chapter 7 (commencing with Section 6700) or
Chapter 15 (commencing with Section 8700) of Division 3, or Chapter
3 (commencing with Section 10130) or Chapter 7 (commencing with
Section 10500) and the opinion shall not be referred to as an
appraisal. This part does not apply to a probate referee acting
pursuant to Sections 400 to 408, inclusive, of the Probate Code
unless the appraised transaction is federally related.
(c) "Appraisal Foundation" means the Appraisal Foundation that was
incorporated as an Illinois not-for-profit corporation on November
30, 1987.
(d) (1) "Appraisal management company" means any person or entity
that satisfies all of the following conditions:
(A) Maintains an approved list or lists, containing 11 or more
independent contractor appraisers licensed or certified pursuant to
this part, or employs 11 or more appraisers licensed or certified
pursuant to this part.
(B) Receives requests for appraisals from one or more clients.
(C) For a fee paid by one or more of its clients, delegates
appraisal assignments for completion by its independent contractor or
employee appraisers.
(2) "Appraisal management company" does not include any of the
following, when that person or entity directly contracts with an
independent appraiser:
(A) Any bank, credit union, trust company, savings and loan
association, or industrial loan company doing business under the
authority of, or in accordance with, a license, certificate, or
charter issued by the United States or any state, district,
territory, or commonwealth of the United States that is authorized to
transact business in this state.
(B) Any finance lender or finance broker licensed pursuant to
Division 9 (commencing with Section 22000) of the Financial Code,
when acting under the authority of that license.
(C) Any residential mortgage lender or residential mortgage
servicer licensed pursuant to Division 20 (commencing with Section
50000) of the Financial Code, when acting under the authority of that
license.
(D) Any real estate broker licensed pursuant to Part 1 (commencing
with Section 10000) of Division 4 of the Business and Professions
Code, when acting under the authority of that license.
(3) "Appraisal management company" does not include any person
licensed to practice law in this state who is working with or on
behalf of a client of that person in connection with one or more
appraisals for that client.
(e) "Appraisal Subcommittee" means the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council.
(f) "Controlling person" means one or more of the following:
(1) An officer or director of an appraisal management company, or
an individual who holds a 10 percent or greater ownership interest in
an appraisal management company.
(2) An individual employed, appointed, or authorized by an
appraisal management company that has the authority to enter into a
contractual relationship with clients for the performance of
appraisal services and that has the authority to enter into
agreements with independent appraisers for the completion
of appraisals.
(3) An individual who possesses the power to direct or cause the
direction of the management or policies of an appraisal management
company.
(g) "Director" or "chief" means the Director
Chief of the Office
Bureau of Real Estate Appraisers.
(h) "Federal financial institutions regulatory agency" means the
Federal Reserve Board, Federal Deposit Insurance Corporation, Office
of the Comptroller of the Currency, Office of Thrift Supervision,
Federal Home Loan Bank System, National Credit Union Administration,
and any other agency determined by the director to have jurisdiction
over transactions subject to this part.
(i) "Federally related real estate appraisal activity" means the
act or process of making or performing an appraisal on real estate or
real property in a federally related transaction and preparing an
appraisal as a result of that activity.
(j) "Federally related transaction" means any real estate-related
financial transaction which a federal financial institutions
regulatory agency engages in, contracts for or regulates and which
requires the services of a state licensed real estate appraiser
regulated by this part. This term also includes any transaction
identified as such by a federal financial institutions regulatory
agency.
(k) "License" means any license, certificate, permit,
registration, or other means issued by the office
bureau authorizing the person to whom it is issued to act
pursuant to this part within this state.
(l) "Licensure" means the procedures and requirements a person
shall comply with in order to qualify for issuance of a license and
includes the issuance of the license.
(m) "Office" or "bureau" means the Office
Bureau of Real Estate Appraisers.
(n) "Registration" means the procedures and requirements with
which a person or entity shall comply in order to qualify to conduct
business as an appraisal management company.
(o) "Secretary" means the Secretary of Business, Transportation
and Housing.
(p)
(o) "State licensed real estate appraiser" is a person
who is issued and holds a current valid license under this part.
(q)
(p) "Uniform Standards of Professional Appraisal
Practice" are the standards of professional appraisal practice
established by the Appraisal Foundation.
(r)
(q) "Course provider" means a person or entity that
provides educational courses related to professional appraisal
practice.
SEC. 20. Section 11310 of the Business and Professions Code is
amended to read:
11310. The Governor shall appoint, subject to confirmation by the
Senate, the Director Chief of the
Office Bureau of Real Estate Appraisers
who shall, in consultation with the Governor and secretary
the Director of Consumer Affairs , administer
the licensing and certification program for real estate appraisers.
In making the appointment, consideration shall be given to the
qualifications of an individual that demonstrate knowledge of the
real estate appraisal profession.
(a) The director chief shall serve
at the pleasure of the Governor. The salary for the director
chief shall be fixed and determined by the
secretary Director of Consumer Affairs
with approval of the Department of Personnel Administration
Human Resources .
(b) The director chief shall not be
actively engaged in the appraisal business or any other affected
industry for the term of appointment, and thereafter the
director commissioner shall be subject to
Section 87406 of the Government Code.
(c) The director chief , in
consultation with the secretary Director of
Consumer Affairs and in accordance with the State Civil Service
Act, may appoint and fix the compensation of legal, clerical,
technical, investigation, and auditing personnel as may be necessary
to carry out this part. All personnel shall perform their respective
duties under the supervision and direction of the director
chief .
(d) The director chief may appoint
not more than four deputy directors deputies
as he or she deems appropriate. The deputy directors
deputies shall perform their respective duties
under the supervision and direction of the director
chief .
(e) Every power granted to or duty imposed upon the
director chief under this part may be exercised
or performed in the name of the director
chief by the deputy directors deputies
, subject to conditions and limitations as the
director chief may prescribe.
SEC. 21. Section 11313 of the Business and Professions Code is
amended to read:
11313. The office bureau is under
the supervision and control of the secretary
Director of Consumer Affairs . The duty of enforcing and
administering this part is vested in the director
chief, and he or she is responsible to the
secretary Director of Consumer Affairs therefor.
The director chief shall adopt and
enforce rules and regulations as are determined reasonably necessary
to carry out the purposes of this part. Those rules and regulations
shall be adopted pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Regulations adopted by the former Director of the Office of Real
Estate Appraisers shall continue to apply to the bureau and its
licensees.
SEC. 22. Section 11313.2 of the Business and Professions Code is
repealed.
11313.2. (a) The secretary shall review and evaluate the office,
and make recommendations to the Legislature by October 1, 2014,
regarding whether the office should be consolidated within the
Department of Real Estate, or consolidated within any other state
department or office, and shall provide appropriate justification for
that recommendation.
(b) Notwithstanding any other provision of law, on and after
January 1, 2015, the office shall be subject to review by the
appropriate policy committees of the Legislature. The review shall
include, but shall not be limited to, the recommendations of the
secretary regarding the office.
SEC. 23. Section 19404 of the Business and Professions Code is
amended to read:
19404. "Board" means the California Horse Racing Board
within the Business and Consumer Services Agency .
SEC. 24. Section 19601.01 of the Business and Professions Code is
amended to read:
19601.01. (a) Notwithstanding any other provision of law, a
thoroughbred association or fair, upon the filing of a written notice
with, and approval by, the board specifying the percentage to be
deducted, may deduct from the total amount handled in the parimutuel
pool for any type of wager an amount of not less than 10 percent nor
more than 25 percent. The written notice shall include the written
agreement of the thoroughbred association or fair and the horsemen's
organization for the meeting of the thoroughbred association or fair
accepting the wager. The established percentage to be deducted shall
remain in effect until the filing of a subsequent notice with, and
approval by, the board, unless otherwise specified in the notice. The
amount deducted shall be distributed as prescribed in this chapter.
However, any such distribution, except for amounts payable for the
support of the board and the equine drug testing program pursuant to
subdivision (a) of Section 19616.51, may be modified or redirected
upon the filing with, and approval by, the board of a written notice
that is authorized and signed by the organization representing each
entity affected by the modification or redirection, including, but
not limited to, horsemen's organizations, racing associations, and
fairs. If the proposed distribution modification or redirection
increases or would increase the financial burden of any other
organization or entity, the consent of that organization or entity
shall also be obtained. This organization or entity consent provision
for a distribution modification or redirection applies even if the
percentage deduction is not increased pursuant to this subdivision.
(b) A notice filed with the board to modify or redirect a
distribution pursuant to subdivision (a) shall be accompanied by a
report detailing all receipts and expenditures over the two prior
fiscal years of the funds and accounts proposed to be affected by the
notice.
(c) Initial approval of a distribution modification or redirection
pursuant to this section shall be limited to a one-year period. An
approval may be extended in subsequent years contingent upon annual
receipt of the report described in subdivision (e) and a
determination by the board that the extension is in the economic
interest of thoroughbred racing. However, in order for an initial
approval of a distribution modification or redirection to be extended
beyond the first year, the consent of each organization and entity
that gave its consent to that initial distribution modification or
redirection shall also be obtained for the extension. In the absence
of the consent of all of these organizations and entities, the board
shall not approve the extension.
(d) A thoroughbred association or fair whose written notice for a
percentage deduction pursuant to subdivision (a) has been approved by
the board shall provide subsequent quarterly reports of receipts and
expenditures of the affected funds if requested by the board.
(e) A thoroughbred association or fair whose written notice for a
percentage deduction pursuant to subdivision (a) has been approved by
the board shall file a report with the board and the respective
fiscal committees and Committees on Governmental Organization of the
Senate and the Assembly accounting for all receipts and expenditures
in any of the affected funds. This report shall be filed within one
year of initial board approval and annually thereafter if the
approval is extended by the board.
SEC. 25. Section 19613.05 of the Business and Professions Code is
amended to read:
19613.05. (a) Any association, including a fair, that conducts
thoroughbred racing shall pay to the owners' organization,
contracting with the association with respect to the conduct of
thoroughbred racing, an additional 13/4 percent of the portion
required by Section 19613 for a national marketing program. These
funds shall be used exclusively for the promotion of thoroughbred
racing in conjunction with a national thoroughbred racing marketing
program. Funds that may not be needed for this effort shall be
returned to the purse pool at the racing associations where these
funds were raised in direct proportion to the amount in which they
were initially raised. The owners' organization shall file a report
with the board and the respective Committees on Governmental
Organization of the Senate and Assembly, accounting for the receipt
and expenditure of these funds on an annual basis. The board of
directors of the owners' organization shall have the discretion to
select the national marketing organization that shall be the
recipient of these funds. If the board of directors of the owners'
organization decides at any time not to contribute to the national
marketing organization, notice shall be given promptly to the
respective racing association or associations and the 13/4 percent
deduction shall cease until the owners' organization decides
otherwise.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 26. Section 19826 of the Business and Professions Code is
amended to read:
19826. The department shall perform all investigatory
functions required by this chapter, as well as auditing functions
under tribal gaming compacts, and shall have all of the
following responsibilities:
(a) To receive and process applications for any license,
permit, or other approval, and to collect all related fees. The
department shall investigate the qualifications of applicants
before any license, permit, or other approval is issued, and
to investigate any request to the commission for any
approval that may be required pursuant to this chapter. The
department may recommend the denial or the limitation, conditioning,
or restriction of any license, permit, or other approval.
(b) To monitor the conduct of all licensees and other persons
having a material involvement, directly or indirectly, with a
gambling operation or its holding company, for the purpose of
ensuring that licenses are not issued or held by, and that there is
no direct or indirect material involvement with, a gambling operation
or holding company by ineligible, unqualified, disqualified, or
unsuitable persons, or persons whose operations are conducted in a
manner that is inimical to the public health, safety, or welfare.
(c) To investigate suspected violations of this chapter or laws of
this state relating to gambling, including any activity prohibited
by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing
with Section 330) of Title 9 of Part 1 of the Penal Code.
(d) To investigate complaints that are lodged against licensees,
or other persons associated with a gambling operation, by members of
the public.
(e) To initiate, where appropriate, disciplinary actions as
provided in this chapter. In connection with any disciplinary action,
the department may seek restriction, limitation, suspension, or
revocation of any license or approval, or the imposition of any fine
upon any person licensed or approved.
(f) To adopt regulations reasonably related to its functions and
duties as specified in this chapter.
(g) Approve the play of any controlled game, including placing
restrictions and limitations on how a controlled game may be played.
The department shall make available to the public the rules of play
and the collection rates of each gaming activity approved for play at
each gambling establishment on the Attorney General's Web site.
Actual costs incurred by the department to review and approve game
rules shall be reimbursed to the department by the licensee making
the request.
SEC. 27. Section 19861 of the Business and Professions Code is
amended to read:
19861. Notwithstanding subdivision (i) of Section 19801, the
commission shall not deny a license to a gambling establishment
solely because it is not open to the public, provided that all of the
following are true: (a) the gambling establishment is situated in a
local jurisdiction that has an ordinance allowing only private clubs,
and the gambling establishment was in operation as a private club
under that ordinance on December 31, 1997, and met all applicable
state and local gaming registration requirements; (b) the gambling
establishment consists of no more than five gaming tables; (c) video
recordings of the entrance to the gambling room or rooms and all
tables situated therein are made during all hours of operation by
means of closed-circuit television cameras, and these recordings are
retained for a period of 30 days and are made available for review by
the department or commission upon request; and
(d) the gambling establishment is open to members of the private club
and their spouses in accordance with membership criteria in effect
as of December 31, 1997.
A gambling establishment meeting these criteria, in addition to
the other requirements of this chapter, may be licensed to operate as
a private club gambling establishment until November 30, 2003, or
until the ownership or operation of the gambling establishment
changes from the ownership or operation as of January 1, 1998,
whichever occurs first. Operation of the gambling establishments
after this date shall only be permitted if the local jurisdiction
approves an ordinance, pursuant to Sections 19961 and 19962,
authorizing the operation of gambling establishments that are open to
the public. The commission shall adopt regulations implementing this
section. Prior to the commission's issuance of a license to a
private club, the department shall ensure that the ownership of the
gambling establishment has remained constant since January 1, 1998,
and the operation of the gambling establishment has not been leased
to any third party.
SEC. 28. Section 19864 of the Business and Professions Code is
amended to read:
19864. (a) Application for a state license or other commission
action shall be made submitted to the
department on forms furnished by the commission
department .
(b) The application for a gambling license shall include all of
the following:
(1) The name of the proposed licensee.
(2) The name and location of the proposed gambling establishment.
(3) The gambling games proposed to be conducted.
(4) The names of all persons directly or indirectly interested in
the business and the nature of the interest.
(5) A description of the proposed gambling establishment and
operation.
(6) Any other information and details the commission may require
in order to discharge its duty duties
properly.
SEC. 29. Section 19872 of the Business and Professions Code is
amended to read:
19872. (a) No member of the commission may communicate ex parte,
directly or indirectly, with any applicant, or any agent,
representative, or person acting on behalf of an applicant, upon the
merits of an application for a license, permit, registration, or
approval while the application is being investigated by the
department or pending disposition before the department or the
commission.
(b) No applicant, or any agent, representative, or person acting
on behalf of an applicant, and no person who has a direct or indirect
interest in the outcome of a proceeding to consider an application
for a license, permit, registration, or approval may communicate ex
parte, directly or indirectly, with any member of the commission,
upon the merits of the application while the application is
being investigated by the department or pending disposition
before the department.
(c) No employee or agent of the department, applicant, or any
agent, representative, or person acting on behalf of an applicant,
and no person who has a direct or indirect interest in the outcome of
a proceeding to consider an application for a license, permit,
registration, or approval may communicate ex parte, directly or
indirectly, with any member of the commission, upon the merits of the
application, while the application is pending disposition before the
commission.
(d) The receipt by a member of the commission of an ex parte
communication prohibited by this section may provide the basis for
disqualification of that member or the denial of the application. The
commission shall adopt regulations to implement this subdivision.
(e) For the purposes of this subdivision, "ex parte" means a
communication without notice and opportunity for all parties to
participate in the communication.
(f) Nothing in this section precludes a communication made on the
record at a public hearing on a properly agendized matter.
SEC. 30. Section 19881 of the Business and Professions Code is
amended to read:
19881. (a) No corporation is eligible to receive a license to own
a gambling enterprise unless the conduct of controlled gambling is
among the purposes stated in its articles of incorporation and the
articles of incorporation have been submitted to and approved by the
commission department .
(b) The Secretary of State shall not accept for filing any
articles of incorporation of any corporation that include as a stated
purpose the conduct of controlled gambling, or any amendment
thereto, or any amendment that adds this purpose to articles of
incorporation already filed, unless the articles have, or amendment
has, been approved by the commission
department .
SEC. 31. Section 19881.5 of the Business and Professions Code is
repealed.
19881.5. The commission may delegate to staff the approval of
articles of incorporation, statements of limited partnership, and
other entity filings that are required to specifically state that
gambling is one of the purposes for which the business entity is
formed.
SEC. 32. Section 23050 of the Business and Professions Code is
amended to read:
23050. There is in the State Government
state government, in the Business and Consumer Services Agency
a Department of Alcoholic Beverage Control. The department shall be
administered through a civil executive officer who shall be known as
the Director of Alcoholic Beverage Control. The director shall be
appointed and shall serve as provided in Section 22 of Article XX of
the Constitution and shall receive an annual salary as provided for
by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 33. Section 23075 of the Business and Professions Code is
amended to read:
23075. There is in the state government , in the Business
and Consumer Services Agency, an Alcoholic Beverage Control
Appeals Board the members of which shall be appointed and shall serve
as provided in Section 22 of Article XX of the Constitution, and
shall receive an annual salary as provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 34. Section 14060.6 of the Corporations Code is amended to
read:
14060.6. (a) The Small Business Loan Guarantee Program
exists in the Governor's Office of Business and Economic Development.
(a)
(b) The Legislature finds and declares that the Small
Business Loan Guarantee Program has enabled participating small
businesses that do not qualify for conventional business loans or
Small Business Administration loans to secure funds to expand their
businesses. These small businesses would not have been able to expand
their businesses in the absence of the program. The program has also
provided valuable technical assistance to small businesses to ensure
growth and stability. The study commissioned by Section 14069.6, as
added by Chapter 919 of the Statutes of 1997, documented the return
on investment of the program and the need for its services. The value
of the program has also been recognized by the Governor through
proposals contained in the May Revision to the Budget Act of 2000 for
the 2000-01 fiscal year.
(b)
(c) Notwithstanding Section 14060.5, the
Business, Transportation and Housing Agency Governor's
Office of Business and Economic Development shall establish
new small business financial development corporations pursuant to the
procedures otherwise established by this chapter in the following
areas:
(1) San Jose.
(2) Santa Ana.
(3) San Fernando Valley.
(4) Ontario.
(c)
(d) Upon an appropriation in the annual Budget Act for
this purpose, the Secretary of Business, Transportation and
Housing Governor 's Office of Business and
Economic Development shall establish a small business financial
development corporation in southeast Los Angeles.
(d)
(e) Each of the small business financial development
corporations, upon the recommendation of the board and at least once
each year, shall make a presentation and overview of the corporation'
s business operations to the board.
SEC. 35. Section 25005 of the Corporations Code is amended to
read:
25005. "Commissioner" means the Commissioner of
Corporations Business Oversight .
SEC. 36. Section 25600 of the Corporations Code is repealed.
25600. There is in the state government, in the Business and
Transportation Agency a Department of Corporations, which shall
administer the provisions of this division. The chief officer of the
Department of Corporations is the Commissioner of Corporations. The
commissioner shall be appointed by the Governor and shall hold office
at the pleasure of the Governor. He or she shall receive an annual
salary as fixed in the Government Code. Within 15 days from the time
of his or her appointment the commissioner shall take and subscribe
to the constitutional oath of office and file it in the office of the
Secretary of State.
Whenever the term "Division of Corporations" is used in the law,
it means the Department of Corporations.
SEC. 37. Section 25601 of the Corporations Code is repealed.
25601. The commissioner shall have his principal office in the
City of Sacramento, and may establish branch offices in the City and
County of San Francisco, in the City of Los Angeles and in the City
of San Diego. The commissioner shall from time to time obtain the
necessary furniture, stationery, fuel, light, and other proper
conveniences for the transaction of the business of the Department of
Corporations.
SEC. 38. Section 25602 of the Corporations Code is repealed.
25602. In accordance with the laws governing the state civil
service, the commissioner shall employ and, with the approval of the
Department of Finance, fix the compensation of such personnel as the
commissioner needs to discharge properly the duties imposed upon the
commissioner by law, including legal counsel to act as the attorney
for the commissioner in actions or proceedings brought by or against
the commissioner under or pursuant to any provision of any law under
the commissioner's jurisdiction, or in which the commissioner joins
or intervenes as to a matter within the commissioner's jurisdiction,
as a friend of the court or otherwise, and stenographic reporters to
take and transcribe the testimony in any formal hearing or
investigation before the commissioner or before a person authorized
by the commissioner. The personnel of the Department of Corporations
shall perform such duties as the commissioner assigns to them. Such
employees as the commissioner designates by rule or order shall,
within 15 days after their appointments, take and subscribe to the
constitutional oath of office and file it in the office of the
Secretary of State.
SEC. 39. Section 25603 of the Corporations Code is repealed.
25603. The commissioner shall adopt a seal bearing the
inscription: "Commissioner of Corporations, State of California."
The seal shall be affixed to or
imprinted on all orders and certificates issued by him and such
other instruments as he directs. All courts shall take judicial
notice of this seal.
SEC. 40. Section 29503 of the Corporations Code is amended to
read:
29503. "Commissioner" means the Commissioner of
Corporations Deputy Commissioner of Business Oversight
for the Division of Corporations .
SEC. 41. Section 31004 of the Corporations Code is amended to
read:
31004. "Commissioner" means the Commissioner of
Corporations Deputy Com missioner of
Business Oversight for the Division of Corporations .
SEC. 42. Section 22001 of the Education Code is amended to read:
22001. In order to provide a financially sound plan for the
retirement, with adequate retirement allowances, of teachers in the
public schools of this state, teachers in schools supported by this
state, and other persons employed in connection with the schools, the
State Teachers' Retirement System is established. The system is a
unit of the State and Consumer Services
Government Operations Agency.
SEC. 43. Section 125 of the Financial Code is amended to read:
125. "Commissioner" means the Commissioner of Financial
Institutions Business Oversight and "department"
means the Department of Financial Institutions
Business Oversight .
SEC. 44. The heading of Chapter 3 (commencing with Section 300) of
Division 1 of the Financial Code is amended to read:
CHAPTER 3. DEPARTMENT OF FINANCIAL INSTITUTIONS
BUSINESS OVERSIGHT
SEC. 45. Section 300 of the Financial Code is amended to read:
300. (a) In this section:
(1) "Business and industrial development corporation" means a
corporation licensed under Division 15 (commencing with Section
31000).
(2) "Payment instrument" has the same meaning as set forth in
Section 33059.
(3) "Traveler's check" has the same meaning as set forth in
Section 1803.
(b) There is in the state government, in the Business,
Transportation and Housing Business and Consumer
Services Agency, a Department of Financial
Institutions Business Oversight which has charge
of the execution of, among other laws, the laws of this state
relating to any of the following: (1) banks or trust companies or the
banking or trust business; (2) savings associations or the savings
association business; (3) credit unions or the credit union business;
(4) persons who engage in the business of receiving money for
transmission to foreign nations or such business; (5) issuers of
traveler's checks or the traveler's check business; (6) issuers of
payment instruments or the payment instrument business; (7) business
and industrial development corporations or the business and
industrial development corporation business, or (8) insurance premium
finance agencies or the insurance premium finance business.
SEC. 46. The heading of Article 2 (commencing with Section 320) of
Chapter 3 of Division 1 of the Financial Code is amended to read:
Article 2. Commissioner of Financial Institutions
Business Oversight
SEC. 47. Section 320 of the Financial Code is amended to read:
320. The chief officer of the Department of Financial
Institutions Business Oversight is the
Commissioner of Financial Institutions
Business Oversight . The Commissioner of Financial
Institutions Business Oversight is the head of
the department with the authority and responsibility over all
officers, employees, and activities in the department and,
except as otherwise provided in this code, is subject to the
provisions of the Government Code relating to department heads, but
need not reside in Sacramento.
SEC. 48. Section 321 of the Financial Code is repealed.
321. As of the operative date of this section:
(a) In this section, "order" means any approval, consent,
authorization, exemption, denial, prohibition, requirement, or other
administrative action, applicable to a specific case.
(b) The office of the Superintendent of Banks and the State
Banking Department are abolished. All powers, duties,
responsibilities, and functions of the Superintendent of Banks and
the State Banking Department are transferred to the Commissioner of
Financial Institutions and the Department of Financial Institutions,
respectively. The Commissioner of Financial Institutions and the
Department of Financial Institutions succeed to all the rights and
property of the Superintendent of Banks and the State Banking
Department, respectively; the Commissioner of Financial Institutions
and the Department of Financial Institutions are subject to all the
debts and liabilities of the Superintendent of Banks and the State
Banking Department, respectively, as if the Commissioner of Financial
Institutions and the Department of Financial Institutions had
incurred them. Any action or proceeding by or against the
Superintendent of Banks or the State Banking Department may be
prosecuted to judgment, which shall bind the Commissioner of
Financial Institutions or the Department of Financial Institutions,
respectively, or the Commissioner of Financial Institutions or the
Department of Financial Institutions may be proceeded against or
substituted in place of the Superintendent of Banks or the State
Banking Department, respectively. References in the Constitution of
the State of California or in any statute or regulation to the
Superintendent of Banks or to the State Banking Department mean the
Commissioner of Financial Institutions or the Department of Financial
Institutions, respectively. All agreements entered into with, and
orders and regulations issued by, the Superintendent of Banks or the
State Banking Department shall continue in effect as if the
agreements were entered into with, and the orders and regulations
were issued by, the Commissioner of Financial Institutions or the
Department of Financial Institutions, respectively.
(c) The office of the Savings and Loan Commissioner and the
Department of Savings and Loan are abolished. All powers, duties,
responsibilities, and functions of the Savings and Loan Commissioner
and the Department of Savings and Loan are transferred to the
Commissioner of Financial Institutions and the Department of
Financial Institutions, respectively. The Commissioner of Financial
Institutions and the Department of Financial Institutions succeed to
all the rights and property of the Savings and Loan Commissioner and
the Department of Savings and Loan, respectively; the Commissioner of
Financial Institutions and the Department of Financial Institutions
are subject to all the debts and liabilities of the Savings and Loan
Commissioner and the Department of Savings and Loan, respectively, as
if the Commissioner of Financial Institutions and the Department of
Financial Institutions had incurred them. Any action or proceeding by
or against the Savings and Loan Commissioner or the Department of
Savings and Loan may be prosecuted to judgment, which shall bind the
Commissioner of Financial Institutions or the Department of Financial
Institutions, respectively, or the Commissioner of Financial
Institutions or the Department of Financial Institutions may be
proceeded against or substituted in place of the Savings and Loan
Commissioner or the Department of Savings and Loan, respectively.
References in the Constitution of the State of California or in any
statute or regulation to the Savings and Loan Commissioner or to the
Department of Savings and Loan mean the Commissioner of Financial
Institutions or the Department of Financial Institutions,
respectively. All agreements entered into with, and orders and
regulations issued by, the Savings and Loan Commissioner or the
Department of Savings and Loan shall continue in effect as if the
agreements were entered into with, and the orders and regulations
were issued by, the Commissioner of Financial Institutions or the
Department of Financial Institutions.
(d) All powers, duties, responsibilities, and functions of the
Commissioner of Corporations and the Department of Corporations with
respect to credit unions, the credit union business, industrial loan
companies, or the industrial loan business are transferred to the
Commissioner of Financial Institutions and the Department of
Financial Institutions, respectively. The Commissioner of Financial
Institutions and the Department of Financial Institutions succeed to
all the rights and property of the Commissioner of Corporations and
the Department of Corporations, respectively, with respect to credit
unions, the credit union business, industrial loan companies, or the
industrial loan business; the Commissioner of Financial Institutions
and the Department of Financial Institutions are subject to all the
debts and liabilities of the Commissioner of Corporations and the
Department of Corporations, respectively, with respect to credit
unions, the credit union business, industrial loan companies, or the
industrial loan business, as if the Commissioner of Financial
Institutions and the Department of Financial Institutions had
incurred them. Any action or proceeding by or against the
Commissioner of Corporations or the Department of Corporations with
respect to credit unions, the credit union business, industrial loan
companies, or the industrial loan business may be prosecuted to
judgment, which shall bind the Commissioner of Financial Institutions
or the Department of Financial Institutions, respectively, or the
Commissioner of Financial Institutions or the Department of Financial
Institutions may be proceeded against or substituted in place of the
Commissioner of Corporations or the Department of Corporations,
respectively. References in the Constitution of the State of
California or any statute or regulation to the Commissioner of
Corporations or to the Department of Corporations with respect to
credit unions, the credit union business, industrial loan companies,
or the industrial loan business mean the Commissioner of Financial
Institutions or the Department of Financial Institutions,
respectively. All agreements entered into with, and orders and
regulations issued by, the Commissioner of Corporations or the
Department of Corporations in the exercise of authority under any law
relating to credit unions, the credit union business, industrial
loan companies, or the industrial loan business, shall continue in
effect as if the agreements were entered into with, and the orders
and regulations were issued by, the Commissioner of Financial
Institutions or the Department of Financial Institutions.
SEC. 49. Section 321 is added to the Financial Code, to read:
321. (a) In this section, "order" means any approval, consent,
authorization, exemption, denial, prohibition, requirement, or other
administrative action, applicable to a specific case.
(b) The office of the Commissioner of Financial Institutions and
the Department of Financial Institutions are abolished. All powers,
duties, responsibilities, and functions of the Commissioner of
Financial Institutions and the Department of Financial Institutions
are transferred to the Commissioner of Business Oversight and the
Department of Business Oversight, respectively. The Commissioner of
Business Oversight and the Department of Business Oversight succeed
to all of the rights and property of the Commissioner of Financial
Institutions and Department of Financial Institutions, respectively;
the Commissioner of Business Oversight and the Department of Business
Oversight are subject to all the debts and liabilities of the
Commissioner of Financial Institutions and the Department of
Financial Institutions, respectively, as if the Commissioner of
Business Oversight and the Department of Business Oversight had
incurred them. Any action or proceeding by or against the
Commissioner of Financial Institutions or the Department of Financial
Institutions may be prosecuted to judgment, which shall bind the
Commissioner of Business Oversight or the Department of Business
Oversight, respectively, or the Commissioner of Business Oversight or
the Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Financial Institutions or
the Department of Financial Institutions, respectively. References
in the Constitution of the State of California or in any statute or
regulation to the Superintendent of Banks or the Commissioner of
Financial Institutions or to the State Banking Department or the
Department of Financial Institutions mean the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively. All agreements entered into with, and orders and
regulations issued by, the Commissioner of Financial Institutions or
the Department of Financial Institutions shall continue in effect as
if the agreements were entered into with, and the orders and
regulations were issued by, the Commissioner of Business Oversight or
the Department of Business Oversight, respectively.
(c) The office of the Commissioner of Corporations and the
Department of Corporations are abolished. All powers, duties,
responsibilities, and functions of the Commissioner of Corporations
and the Department of Corporations are transferred to the
Commissioner of Business Oversight and the Department of Business
Oversight, respectively. The Commissioner of Business Oversight and
the Department of Business Oversight succeed to all of the rights and
property of the Commissioner of Corporations and Department of
Corporations, respectively; the Commissioner of Business Oversight
and the Department of Business Oversight are subject to all the debts
and liabilities of the Commissioner of Corporations and the
Department of Corporations, respectively, as if the Commissioner of
Business Oversight and the Department of Business Oversight had
incurred them. Any action or proceeding by or against the
Commissioner of Corporations or the Department of Corporations may be
prosecuted to judgment, which shall bind the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively, or the Commissioner of Business Oversight or the
Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Corporations or the
Department of Corporations, respectively. References in the
Constitution of the State of California or in any statute or
regulation to the Commissioner of Corporations or the Department of
Corporations mean the Commissioner of Business Oversight or the
Department of Business Oversight, respectively. All agreements
entered into with, and orders and regulations issued by, the
Commissioner of Corporations or the Department of Corporations shall
continue in effect as if the agreements were entered into with, and
the orders and regulations were issued by, the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively.
SEC. 50. Section 351 of the Financial Code is repealed.
351. The Chief Officer of the Division of Credit Unions is the
Deputy Commissioner of Financial Institutions for the Division of
Credit Unions. The Deputy Commissioner of Financial Institutions for
the Division of Credit Unions shall administer the laws of this state
relating to credit unions or the credit union business under the
direction of the commissioner. The Deputy Commissioner of Financial
Institutions for the Division of Credit Unions shall be appointed by
the Governor and shall hold office at the pleasure of the Governor.
The Deputy Commissioner of Financial Institutions shall receive an
annual salary as fixed by the Governor.
SEC. 51. Section 351 is added to the Financial Code, to read:
351. (a) The chief officer of the Division of Corporations is the
Deputy Commissioner of Business Oversight for the Division of
Corporations. The Deputy Commissioner of Business Oversight for the
Division of Corporations shall, under the direction of the
commissioner, administer the laws of this state that were, prior to
July 1, 2013, under the charge of the Department of Corporations. The
Deputy Commissioner of Business Oversight for the Division of
Corporations shall be appointed by the Governor and shall hold office
at the pleasure of the Governor. The Deputy Commissioner of Business
Oversight for the Division of Corporations shall receive an annual
salary as fixed by the Governor.
(b) The chief officer of the Division of Financial Institutions is
the Deputy Commissioner of Business Oversight for the Division of
Financial Institutions. The Deputy Commissioner of Business Oversight
for the Division of Financial Institutions shall, under the
direction of the commissioner, administer the laws of this state that
were, prior to July 1, 2013, under the charge of the Department of
Financial Institutions. The Deputy Commissioner of Business Oversight
for the Division of Financial Institutions shall be appointed by the
Governor and shall hold office at the pleasure of the Governor. The
Deputy Commissioner of Business Oversight for the Division of
Financial Institutions shall receive an annual salary as fixed by the
Governor.
SEC. 52. Section 371 of the Financial Code is repealed.
371. There is in the Department of Financial Institutions, the
Division of Credit Unions. The Division of Credit Unions has charge
of the execution of the laws of this state relating to credit unions
and to the credit union business.
SEC. 53. Section 371 is added to the Financial Code, to read:
371. (a) There is in the Department of Business Oversight, the
Division of Corporations. The Division of Corporations has charge of
the execution of the laws of the state that were, prior to July 1,
2013, under the charge of the Department of Corporations.
(b) There is in the Department of Business Oversight, the Division
of Financial Institutions. The Division of Financial Institutions
has charge of the execution of the laws of the state that were, prior
to July 1, 2013, under the charge of the Department of Financial
Institutions.
SEC. 54. Section 4805.055 of the Financial Code is amended to
read:
4805.055. "Commissioner" means the Deputy Commissioner
of Business Oversight for the Division of Financial
Institutions.
SEC. 55. Section 5104 of the Financial Code is amended to read:
5104. "Commissioner" means the Deputy Commissioner of
Business Oversight for the Division of Financial
Institutions.
SEC. 56. Section 5106 of the Financial Code is amended to read:
5106. "Department" means the Department
Division of Financial Institutions in the Department of
Business Oversight .
SEC. 57. Section 12003 of the Financial Code is amended to read:
12003. "Commissioner" means the Deputy Commissioner of
Corporations of the State of California
Business Oversight for the Division of Corporations , or any
deputy, investigator, auditor, or any other person employed by him
or her .
SEC. 58. Section 14003 of the Financial Code is amended to read:
14003. "Commissioner" means the Deputy Commissioner of
Business Oversight for the Division of Financial
Institutions of the State of California .
SEC. 59. Section 14200.1 of the Financial Code is amended to read:
14200.1. There is in the Department
Division of Financial Institutions, the Division
Office of Credit Unions. The Division
Office of Credit Unions has charge of the
execution of the laws of this state relating to credit unions or to
the credit union business.
SEC. 60. Section 14200.2 of the Financial Code is amended to read:
14200.2. The Chief Officer chief officer
of the Division Office of Credit
Unions is the Deputy Commissioner of Financial Institutions
for the Division Chief of the Office of Credit
Unions. The Deputy Commissioner of Financial Institutions
for the Division Chief of the Office of Credit
Unions shall , under the direction and on behalf of the Deputy
Commissioner of Business Oversight for the Division of Financial
Institutions, administer the laws of this state relating to
credit unions or the credit union business under the
direction of and on behalf of the commissioner . The
Deputy Commissioner of Financial Institutions for the
Division Chief of the Office of Credit Unions
shall be appointed by the Governor and shall hold office at the
pleasure of the Governor. The Deputy Commissioner of
Financial Institutions Chief of the Office of Credit
Unions shall receive an annual salary as fixed by the Governor.
SEC. 61. Section 17002 of the Financial Code is amended to read:
17002. "Commissioner" means the Deputy Commissioner of
Corporations Business Oversight for the
Division of Corporations .
SEC. 62. Section 18002 of the Financial Code is amended to read:
18002. "Commissioner" means the Deputy Commissioner of
Business Oversight for the Division of Financial
Institutions of the State of California .
SEC. 63. Section 18002.5 of the Financial Code is amended to read:
18002.5. "Department" means the Department
Division of Financial Institutions in the Department
of Business Oversight .
SEC. 64. Section 22005 of the Financial Code is amended to read:
22005. "Commissioner" means the Deputy Commissioner of
Corporations Business Oversight for the
Division of Cor porations .
SEC. 65. Section 30002 of the Financial Code is amended to read:
30002. "Commissioner" means the Commissioner of
Corporations Deputy Commissioner of Business Oversight
for the Division of Corporations .
SEC. 66. Section 31055 of the Financial Code is amended to read:
31055. "Commissioner" means the Commissioner of
Deputy Commissioner of Business Oversight for the
Division of Financial Institutions or any person to whom the
Commissioner of Financial Institutions deputy
commissioner delegates the authority to act for him or her in
the particular matter.
SEC. 67. Section 50003 of the Financial Code is amended to read:
50003. (a) "Annual audit" means a certified audit of the licensee'
s books, records, and systems of internal control performed by an
independent certified public accountant in accordance with generally
accepted accounting principles and generally accepted auditing
standards.
(b) "Borrower" means the loan applicant.
(c) "Buy" includes exchange, offer to buy, or solicitation to buy.
(d) "Commissioner" means the Commissioner
Deputy Commissioner of Business Oversight for the Division of
Corporations.
(e) "Control" means the possession, directly or indirectly, of the
power to direct, or cause the direction of, the management and
policies of a licensee under this division, whether through voting or
through the ownership of voting power of an entity that possesses
voting power of the licensee, or otherwise. Control is presumed to
exist if a person, directly or indirectly, owns, controls, or holds
10 percent or more of the voting power of a licensee or of an entity
that owns, controls, or holds, with power to vote, 10 percent or more
of the voting power of a licensee. No person shall be deemed to
control a licensee solely by reason of his or her status as an
officer or director of the licensee.
(f) "Depository institution" has the same meaning as in Section 3
of the Federal Deposit Insurance Act, and includes any credit union.
(g) "Engage in the business" means the dissemination to the
public, or any part of the public, by means of written, printed, or
electronic communication or any communication by means of recorded
telephone messages or spoken on radio, television, or similar
communications media, of any information relating to the making of
residential mortgage loans, the servicing of residential mortgage
loans, or both. "Engage in the business" also means, without
limitation, making residential mortgage loans or servicing
residential mortgage loans, or both.
(h) "Federal banking agencies" means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Director of the Office of Thrift Supervision, the National Credit
Union Administration, and the Federal Deposit Insurance Corporation.
(i) "In this state" includes any activity of a person relating to
making or servicing a residential mortgage loan that originates from
this state and is directed to persons outside this state, or that
originates from outside this state and is directed to persons inside
this state, or that originates inside this state and is directed to
persons inside this state, or that leads to the formation of a
contract and the offer or acceptance thereof is directed to a person
in this state (whether from inside or outside this state and whether
the offer was made inside or outside the state).
(j) "Institutional investor" means the following:
(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or
commonwealth of the United States, or any agency or other
instrumentality of any one or more of the foregoing, including, by
way of example, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation.
(2) Any bank, trust company, savings bank or savings and
loan association, credit union, industrial bank or industrial loan
company, personal property broker, consumer finance lender,
commercial finance lender, or insurance company, or subsidiary or
affiliate of one of the preceding entities, doing business under the
authority of or in accordance with a license, certificate, or charter
issued by the United States or any state, district, territory, or
commonwealth of the United States.
(3) Trustees of pension, profit-sharing, or welfare funds, if the
pension, profit-sharing, or welfare fund has a net worth of not less
than fifteen million dollars ($15,000,000), except pension,
profit-sharing, or welfare funds of a licensee or its affiliate,
self-employed individual retirement plans, or individual retirement
accounts.
(4) A corporation or other entity with outstanding securities
registered under Section 12 of the federal Securities Exchange Act of
1934 or a wholly owned subsidiary of that corporation or entity,
provided that the purchaser represents either of the following:
(A) That it is purchasing for its own account for investment and
not with a view to, or for sale in connection with, any distribution
of a promissory note.
(B) That it is purchasing for resale pursuant to an exemption
under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange
Commission.
(5) An investment company registered under the Investment Company
Act of 1940; or a wholly owned and controlled subsidiary of that
company, provided that the purchaser makes either of the
representations provided in paragraph (4).
(6) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law or an affiliate or
subsidiary of that person.
(7) Any person who is licensed as a securities broker or
securities dealer under any law of this state, or of the United
States, or any employee, officer or agent of that person, if that
person is acting within the scope of authority granted by that
license or an affiliate or subsidiary controlled by that broker or
dealer, in connection with a transaction involving the offer, sale,
purchase, or exchange of one or more promissory notes secured
directly or indirectly by liens on real property or a security
representing an ownership interest in a pool of promissory notes
secured directly or indirectly by liens on real property, and the
offer and sale of those securities is qualified under the California
Corporate Securities Law of 1968 or registered under federal
securities laws, or exempt from qualification or registration.
(8) A licensed real estate broker selling the loan to an
institutional investor specified in paragraphs (1) to (7), inclusive,
or paragraph (9) or (10).
(9) A business development company as defined in Section 2(a)(48)
of the Investment Company Act of 1940 or a Small Business Investment
Company licensed by the United States Small Business Administration
under Section 301(c) or (d) of the Small Business Investment Act of
1958.
(10) A syndication or other combination of any of the foregoing
entities that is organized to purchase a promissory note.
(11) A trust or other business entity established by an
institutional investor for the purpose of issuing or facilitating the
issuance of securities representing undivided interests in, or
rights to receive payments from or to receive payments primarily
from, a pool of financial assets held by the trust or business
entity, provided that all of the following apply:
(A) The business entity is not a sole proprietorship.
(B) The pool of assets consists of one or more of the following:
(i) Interest-bearing obligations.
(ii) Other contractual obligations representing the right to
receive payments from the assets.
(iii) Surety bonds, insurance policies, letters of credit, or
other instruments providing credit enhancement for the assets.
(C) The securities will be either one of the following:
(i) Rated as "investment grade" by Standard and Poor's Corporation
or Moody's Investors Service, Inc. "Investment grade" means that the
securities will be rated by Standard and Poor's Corporation as AAA,
AA, A, or BBB or by Moody's Investors Service, Inc. as Aaa, Aa, A, or
Baa, including any of those ratings with "+" or "--" designation or
other variations that occur within those ratings.
(ii) Sold to an institutional investor.
(D) The offer and sale of the securities is qualified under the
California Corporate Securities Law of 1968 or registered under
federal securities laws, or exempt from qualification or
registration.
(k) "Institutional lender" means the following:
(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or
commonwealth of the United States, or any agency or other
instrumentality of any one or more of the foregoing, including, by
way of example, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation.
(2) Any bank, trust company, savings bank or savings and loan
association, credit union, industrial loan company, or insurance
company, or service or investment company that is wholly owned and
controlled by one of the preceding entities, doing business under the
authority of and in accordance with a license, certificate, or
charter issued by the United States or any state, district,
territory, or commonwealth of the United States.
(3) Any corporation with outstanding securities registered under
Section 12 of the Securities Exchange Act of 1934 or any wholly owned
subsidiary of that corporation.
(4) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law.
(l) "Law" means the California Residential Mortgage Lending Act.
(m) "Lender" means a person that (1) is an approved lender for the
Federal Housing Administration, Veterans Administration, Farmers
Home Administration, Government National Mortgage Association,
Federal National Mortgage Association, or Federal Home Loan Mortgage
Corporation, (2) directly makes residential mortgage loans, and (3)
makes the credit decision in the loan transactions.
(n) "Licensee" means, depending on the context, a person licensed
under Chapter 2 (commencing with Section 50120), Chapter 3
(commencing with Section 50130), or Chapter 3.5 (commencing with
Section 50140).
(o) "Makes or making residential mortgage loans" or "mortgage
lending" means processing, underwriting, or as a lender using or
advancing one's own funds, or making a commitment to advance one's
own funds, to a loan applicant for a residential mortgage loan.
(p) "Mortgage loan," "residential mortgage loan," or "home
mortgage loan" means a federally related mortgage loan as defined in
Section 3500.2 of Title 24 of the Code of Federal Regulations, or a
loan made to finance construction of a one-to-four family dwelling.
(q) "Mortgage servicer" or "residential mortgage loan servicer"
means a person that (1) is an approved servicer for the Federal
Housing Administration, Veterans Administration, Farmers Home
Administration, Government National Mortgage Association, Federal
National Mortgage Association, or Federal Home Loan Mortgage
Corporation, and (2) directly services or offers to service mortgage
loans.
(r) "Nationwide Mortgage Licensing System and Registry" means a
mortgage licensing system developed and maintained by the Conference
of State Bank Supervisors and the American Association of Residential
Mortgage Regulators for the licensing and registration of licensed
mortgage loan originators.
(s) "Net worth" has the meaning set forth in Section 50201.
(t) "Own funds" means (1) cash, corporate capital, or warehouse
credit lines at commercial banks, savings banks, savings and loan
associations, industrial loan companies, or other sources that are
liability items on a lender's financial statements, whether secured
or unsecured, or (2) a lender's affiliate's cash, corporate capital,
or warehouse credit lines at commercial banks or other sources that
are liability items on the affiliate's financial statements, whether
secured or unsecured. "Own funds" does not include funds provided by
a third party to fund a loan on condition that the third party will
subsequently purchase or accept an assignment of that loan.
(u) "Person" means a natural person, a sole proprietorship, a
corporation, a partnership, a limited liability company, an
association, a trust, a joint venture, an unincorporated
organization, a joint stock company, a government or a political
subdivision of a government, and any other entity.
(v) "Residential real property" or "residential real estate" means
real property located in this state that is improved by a
one-to-four family dwelling.
(w) "SAFE Act" means the federal Secure and Fair Enforcement for
Mortgage Licensing Act of 2008 (Public Law 110-289).
(x) "Service" or "servicing" means receiving more than three
installment payments of principal, interest, or other amounts placed
in escrow, pursuant to the terms of a mortgage loan and performing
services by a licensee relating to that receipt or the enforcement of
its receipt, on behalf of the holder of the note evidencing that
loan.
(y) "Sell" includes exchange, offer to sell, or solicitation to
sell.
(z) "Unique identifier" means a number or other identifier
assigned by protocols established by the Nationwide Mortgage
Licensing System and Registry.
(aa) For purposes of Sections 50142, 50143, and 50145,
"nontraditional mortgage product" means any mortgage product other
than a 30-year fixed rate mortgage.
SEC. 68. Section 1389 of the Fish and Game Code is amended to
read:
1389. The preservation and enhancement of riparian habitat shall
be a primary concern of the Wildlife Conservation Board and the
department, and of all state agencies whose activities impact
riparian habitat, including the Department of Conservation,
the Department of Boating and Waterways, the Department of
Parks and Recreation, the Department of Water Resources, the
Department of Forestry and Fire Protection, the State Coastal
Conservancy, the California Conservation Corps, the California Tahoe
Conservancy, the Santa Monica Mountains Conservancy, the California
Coastal Commission, the San Francisco Bay Conservation and
Development Commission, and the State Lands Commission.
SEC. 69. Section 2301 of the Fish and Game Code is amended to
read:
2301. (a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, dreissenid mussels.
(2) The director or his or her designee may do all of the
following:
(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.
(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved by
the department.
(C) Impound or quarantine conveyances in locations designated by
the department for up to five days or the period of time necessary to
ensure that dreissenid mussels can no longer live on or in the
conveyance.
(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities be
inspected, quarantined, or disinfected in a manner and for a duration
necessary to detect and prevent the spread of dreissenid mussels
within the state.
(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner
and duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction
shall be authorized by the director or his or her designee without
the concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department's Internet Web site in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Boating and Waterways,
the Department of Water Resources, the Department of Parks
and Recreation, and the State Lands Commission in the event of a
decision to close, quarantine, or restrict a facility pursuant to
this paragraph. These procedures shall include the reasons for the
closure, quarantine, or restriction, and methods for providing
updated information to those affected. These procedures shall also
include protocols for the posting of the notifications on the
department's Internet Web site required by clause (ii).
(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus
the closure or quarantine to specific areas and facilities so as to
avoid or minimize disruption of economic or recreational activity in
the vicinity.
(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.
(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code does not
apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) involving the use of chemicals other than
salt or hot water to decontaminate a conveyance or a facility is
subject to Division 13 (commencing with Section 21000) of the Public
Resources Code.
(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures to
avoid infestation by dreissenid mussels and to control or eradicate
any infestation that may occur in a water supply system. If
dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following minimum
elements:
(A) Methods for delineation of infestation, including both adult
mussels and veligers.
(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in
conditions.
(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in the
approved plan to address scientific advances in the methods of
controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control or
eradicate dreissenid mussels in accordance with paragraph (1), the
requirements of subdivision (a) do not apply to the operation of
those water delivery and storage facilities, and the operator is not
subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to the
operation of the water delivery and storage facilities covered by
the plan until the operator updates or revises the plan and initiates
and complies with all of the elements of the updated or revised
plan.
(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or
written order or regulation adopted pursuant to this section, or who
resists, delays, obstructs, or interferes with the implementation of
this section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.
(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
(g) The department may adopt regulations to carry out this
section.
(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under this
section shall not be liable with regard to any determination or
authorization made pursuant to this section.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 70. Section 3806 of the Food and Agricultural Code is amended
to read:
3806. For the purposes of Article 1 (commencing with Section
4101) of Chapter 6 of this part, "agency" means the State
and Consumer Services Natural Resources Agency.
SEC. 71. Section 4101 of the Food and Agricultural Code is amended
to read:
4101. The Sixth District Agricultural Association shall
may also be known as the California
Science Center Exposition Park, which shall include
the California Science Center, the California African American
Museum, and the Exposition Park Manager . It is in the
State and Consumer Services Natural Resources
Agency and is deemed to be a tax-exempt organization as an
instrumentality of this state in accordance with Section 23706 of the
Revenue and Taxation Code.
SEC. 72. Section 4101.3 of the Food and Agricultural Code is
amended to read:
4101.3. (a) Notwithstanding any other provision of law, the
California Science Center is hereby authorized to enter into a site
lease with the California Science Center Foundation, a California
Nonprofit Corporation, with the approval of the State and
Consumer Services Natural Resources Agency,
the Department of Finance, and the Department of General
Services, for the purpose of the foundation developing, constructing,
equipping, furnishing, and funding the project known as Phase II of
the California Science Center. The overall construction cost and
scope shall be consistent with the amount authorized in 2002 Budget
Act, provided that nothing in this section shall prevent the
foundation from expending additional nonstate funds to complete Phase
II provided that the additional expenditures do not result in
additional state operation and maintenance costs. Any additional
expenditure of nonstate funds by the foundation shall not increase
the state's contribution.
(b) For the purpose of carrying out subdivision (a), all of the
following shall apply:
(1) In connection with the development described in subdivision
(a), above, the foundation may, in its determination, select the most
qualified construction manager/general contractor to oversee and
manage the work and prepare the competitive bid packages for all
major subcontractors to be engaged in the construction of Phase II
Project. Any construction manager/general contractor selected shall
be required to have a California general contractor's license.
(2) Prior to commencement of construction of the Phase II Project,
the California Science Center shall enter into a lease-purchase
agreement upon approval by the Department of Finance with the
foundation on terms that are compatible with the Phase I Project
financing. The term of the lease-purchase agreement shall be a term
not to exceed 25 years. Lease payments on behalf of the state shall
be commensurate with the twenty-two million nine hundred forty-five
thousand two hundred sixty-three dollars ($22,945,263), (nineteen
million one hundred thirty-seven thousand dollars ($19,137,000) plus
19.9 percent augmentation authority) construction cost allocation of
the state. Lease payments may also include any cost of financing that
the foundation may incur related to tax exempt financing. The
California Science Center shall be authorized to direct the
State Controller's Office Controller to send the
rental payments under the lease-purchase agreement directly to the
foundation's bond trustee.
(3) The foundation shall ensure that the Phase II Project is
inspected during construction by the state in the manner consistent
with state infrastructure projects. The foundation shall also
indemnify and defend and save harmless the Department of General
Services for any and all claims and losses accruing and resulting
from or arising out of the foundation's use of the state's plans and
specifications. The foundation and the California Science Center,
upon consultation with the Director of the Department of
General Services and the Department of Finance shall agree
on a reasonable level of state oversight throughout the construction
of the Phase II Project in order to assist the foundation in the
completion of the project within the intended scope and cost.
(4) At the end of the term of the site lease and the
lease-purchase agreement unencumbered title to the land and
improvements shall return to the State of California
state with jurisdiction held by the
California Science Center Sixth District Agricultural
Association .
SEC. 73. Section 4101.4 of the Food and Agricultural Code is
amended to read:
4101.4. (a) The Legislature finds and declares that the operation
of the California Science Center may require individual skills not
generally available in state civil service to support specialized
functions, such as exhibit maintenance, and educational and guest
services programs, including animal care and horticulture.
(b) Notwithstanding any other provision of law, the California
Science Center may enter into a personal services contract or
contracts with the California Science Center Foundation without a
competitive bidding process. These contracts shall be subject to
approval by the State and Consumer Services
Natural Resources Agency and the Department of General Services
and be subject to all state audit requirements.
SEC. 74. Section 4102 of the Food and Agricultural Code is amended
to read:
4102. The California Science Center
Exposition Park , with the approval of the State and
Consumer Services Natural Resources Agency, may
build, construct, and maintain and operate a stadium or any arena,
pavilion, or other building that is to be used for the holding of
sports events, athletic contests, contests of skill, exhibitions,
spectacles, and other public meetings. It may lease, let, or grant
licenses for the use of that stadium, arena, pavilion, or other
building, with the approval of the agency.
SEC. 75. Section 4104 of the Food and Agricultural Code is amended
to read:
4104. (a) The Legislature hereby finds and declares that there is
a need for a state repository dedicated to the diverse contributions
of African-Americans to the history and culture of this state and
the nation.
(b) The California African-American Museum is a part of, and
coexists with, the California Science Center
Exposition Park .
(c) The California African-American Museum is governed by a
seven-member board of directors. The Governor shall appoint the seven
members, at least four of whom shall reside within the boundaries of
the 6th Agricultural District. In addition, the Senator representing
the Senate district in which the California African-American Museum
is located and the Assembly Member representing the Assembly district
in which the museum is located shall be ex officio nonvoting members
of the board. The two legislative ex officio nonvoting members of
the board shall participate in the activities of the board to the
extent that their participation is not incompatible with their
respective positions as Members of the Legislature. The appointees of
the Governor shall be appointed to four-year terms with the initial
terms of appointment expiring as follows: one term expiring January
1, 1984, one term expiring January 1, 1985, one term expiring January
1, 1986, and one term expiring January 1, 1987. The person appointed
to the Advisory Board of the California Museum of African-American
History and Culture by the Board of Directors of the California
Science Center prior to the amendments made to this section by
Chapter 1439 of the Statutes of 1987 shall serve on the Board of
Directors of the California African-American Museum until the
Governor makes the fifth appointment authorized pursuant to those
amendments. The fifth appointment made to the board shall serve a
term expiring on January 1, 1990, the sixth appointment shall serve a
term expiring on January 1, 1991, and the seventh appointment shall
serve a term expiring on January 1, 1992.
(d) The Board of Directors of the California African-American
Museum shall have the sole authority, subject to existing state laws,
regulations, and procedures, to determine
how funds that have been appropriated and duly
allocated by the Legislature and the Governor for support of the
museum shall be expended. The board also shall have the sole
authority, subject to existing state laws, regulations, and
procedures, to contract with any state agency, institution,
independent contractor, or private nonprofit organization that the
board determines to be appropriate and qualified to assist in the
operation of the museum. The board shall further have authority to
establish the operations, programs, activities, and exhibitions of
the California African-American Museum. The Board of Directors of the
California African-American Museum shall be solely responsible for
the actions taken and the expenditures made by the staff of the
California African-American Museum in the scope and course of their
employment.
(e) The Board of Directors of the California African-American
Museum shall appoint an executive director, who shall be exempt from
civil service, and any necessary staff to carry out the provisions of
this section, who shall be subject to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code). The California African-American Museum shall
submit its annual budget request directly to the State and
Consumer Services Natural Resources Agency. The
California African-American Museum may accept grants, contributions,
and appropriations from federal, state, local, and private sources
for its operation.
(f) The California African-American Museum shall preserve,
collect, and display samples of African-American contributions to the
arts, sciences, religion, education, literature, entertainment,
politics, sports, and history of the state and the nation. The
enrichment and historical perspective of that collection shall be
made available for public use and enjoyment.
(g) The California African-American Museum shall use stationery
and other supplies of the former museum and shall phase in the name
change with existing resources.
SEC. 76. Section 4105 of the Food and Agricultural Code is amended
to read:
4105. Notwithstanding any other provision of law, from December
14 to December 21, inclusive, of any year, the California
Science Center Exposition Park may not charge
parking fees for the parking facilities surrounding the Los Angeles
Memorial Coliseum when an event is being held at the facilities of
the museum by a private nonprofit charitable organization for the
purpose of collection and distribution of toys and food.
SEC. 77. Section 4106 of the Food and Agricultural Code is amended
to read:
4106. (a) The California Science Center
Exposition Park shall work with the Los Angeles Memorial
Coliseum Commission, the City of Los Angeles, and the County of Los
Angeles to develop additional parking facilities in Exposition Park
to the extent necessary to allow for expansion of the park.
(b) The California Science Center
Exposition Park shall manage or operate its parking facilities
in a manner that preserves and protects the interests of
itself the California Science Center and the
California African-American Museum and recognizes the cultural and
educational character of Exposition Park.
(c) The Exposition Park Improvement Fund is hereby created in the
State Treasury. All revenues received by the California
Science Center Exposition Park from its parking
facilities, from rental of museum facilities, or from other business
activities shall be deposited in the Exposition Park Improvement
Fund.
(d) The moneys in the Exposition Park Improvement Fund may only be
used, upon appropriation by the Legislature, for improvements to
Exposition Park, including, but not limited to, maintenance of
existing parking and museum facilities, replacement of museum
equipment, supplies and wages expended to generate revenues from
rental of museum facilities, development of new parking facilities,
and acquisition of land within or adjacent to Exposition Park.
(e) The Legislature hereby finds and declares that there is a need
for development of additional park, recreation, museum, and parking
facilities in Exposition Park. The Legislature recognizes that the
provision of these needed improvements as identified in the
California Science Center Exposition Park Master Plan may require the
use of funds provided by other governmental agencies or private
donors.
The California Science Center Exposition
Park may accept funds from other governmental agencies or
private contributions for the purpose of implementation of the
California Science Center Exposition Park Master Plan. The private
contributions and funds from governmental agencies other than state
governmental agencies shall be deposited in the Exposition Park
Improvement Fund in the State Treasury and shall be available for
expenditure without regard to fiscal years by the California Science
Center for implementation of the California Science Center Exposition
Park Master Plan. Funds from other state governmental agencies shall
be deposited in the Exposition Park Improvement Fund and shall be
available for expenditure, upon appropriation, by the
California Science Center Exposition Park for
implementation of the California Science Center Exposition Park
Master Plan. However, any expenditure is not authorized sooner than
30 days after notification in writing of the necessity therefor to
the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time as the chairperson
of the joint committee, or his or her designee, may in each instance
determine. Neither the City of Los Angeles nor the County of Los
Angeles shall impose any tax upon tickets purchased authorizing the
use of parking facilities owned by the California Science
Center Exposition Park .
SEC. 78. Section 4108 of the Food and Agricultural Code is amended
to read:
4108. The California Science Center shall establish the
position of Exposition Park Manager to
within the Exposition Park is hereby established and shall
be filled by a person appointed by the Governor for the purpose of
managing, scheduling, and administering all park-related events,
including oversight for the police and security services of the park.
(a) The Exposition Park Manager may appoint the following persons:
(1) The chief and assistant chief of museum security and safety
who shall have the powers of peace officers as specified in Section
830.3 of the Penal Code.
(2) Other safety officers who shall have the powers of arrest as
specified in Section 830.7 of the Penal Code.
(b) The officers appointed pursuant to subdivision (a) shall
provide police and security services to keep order and to preserve
the peace and safety of persons and property at the
California Science Center and at Exposition Park on a
year-round basis.
SEC. 79. Section 11451.5 of the Food and Agricultural Code is
repealed.
11451.5. The Department of Pesticide Regulation shall have
jurisdiction over the Structural Pest Control Board as established
under the Structural Pest Control Act (Chapter 14 (commencing with
Section 8500) of Division 3 of the Business and Professions Code).
SEC. 80. Section 58509 of the Food and Agricultural Code is
amended to read:
58509. (a) The Secretary of the State and Consumer
Services Agency Food and Agriculture shall
consult with four food bank representatives, two from the northern
portion of the state, all of whom have been active members of a
nationwide network of food banks for a minimum of two years
immediately prior to appointment, and two from the southern portion
of the state, all of whom have been active members of a nationwide
network of food banks for a minimum of two years immediately prior to
appointment, and two food industry representatives, one wholesaler
and one manufacturer, all of whom shall be selected by the Governor
and referred to as the Food Bank Advisory Committee.
(b) Members of the committee who are not state employees shall be
paid per diem for their actual expenses in attending committee
meetings.
(c) The committee shall do all of the following:
(1) Advise the State and Consumer Services Agency
Department of Food and Agriculture in the
establishment of new food banks.
(2) Advise in the adequate and efficient distribution of surplus
food commodities to all areas of the state.
SEC. 81. Section 179.7 of the Government Code is amended to read:
179.7. (a) Notwithstanding Article 6 of the Emergency Management
Assistance Compact, as set forth in Section 179.5, the state shall
indemnify and make whole any officer or employee who is a resident of
California, or his or her heirs, if the officer or employee is
injured or killed in another state when rendering aid pursuant to the
compact, as if the act or acts occurred in California, less any
recovery obtained under the provisions of Article 6 of the Emergency
Management Assistance Compact.
(b) Local government or special district personnel who are
officially deployed under the provisions of the Emergency Management
Assistance Compact pursuant to an assignment of the
California Office of Emergency
Management Agency Services shall be defended by
the Attorney General or other legal counsel provided by the state,
and shall be indemnified subject to the same conditions and
limitations applicable to state employees.
SEC. 82. Section 955.1 of the Government Code is amended to read:
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage,
such these predictions are now being initiated
and are certain to continue into the future. Administrative
procedures exist within the California Office
of Emergency Management Agency Services
to advise the Governor on the validity of earthquake
predictions. Numerous important actions can be taken by state and
local governments and special districts to protect life and property
in response to earthquake predictions and associated warnings. It is
the intent of this legislation to ensure that such
those actions are taken in the public interest by
government agencies acting in a responsible manner without fear of
consequent financial liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
SEC. 83. Section 3101 of the Government Code is amended to read:
3101. For the purpose of this chapter the term "disaster service
worker" includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the
California Office of Emergency
Management Agency Services . The term "public
employees" includes all persons employed by the state or any county,
city, city and county, state agency or public district, excluding
aliens legally employed.
SEC. 84. Section 3102 of the Government Code is amended to read:
3102. (a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the oath
or affirmation required by this chapter.
(b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all
successive periods of employment which commence within one calendar
year from the date of that subscription.
(c) Notwithstanding subdivision (b), the oath taken and subscribed
by a person who is a member of an emergency organization sanctioned
by a state agency or an accredited disaster council, whose members
are duly enrolled or registered with the California
Office of Emergency Management Agency
Services , or any accredited disaster council of
any political subdivision, shall be effective for the period the
person remains a member with that organization.
SEC. 85. Section 6254 of the Government Code is amended to read:
6254. Except as provided in Sections 6254.7 and 6254.13, nothing
in this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Office of Emergency
Management Agency Services , and any state or
local police agency, or any investigatory or security files compiled
by any other state or local police agency, or any investigatory or
security files compiled by any other state or local agency for
correctional, law enforcement, or licensing purposes. However, state
and local law enforcement agencies shall disclose the names and
addresses of persons involved in, or witnesses other than
confidential informants to, the incident, the description of any
property involved, the date, time, and location of the incident, all
diagrams, statements of the parties involved in the incident, the
statements of all witnesses, other than confidential informants, to
the victims of an incident, or an authorized representative thereof,
an insurance carrier against which a claim has been or might be made,
and any person suffering bodily injury or property damage or loss,
as the result of the incident caused by arson, burglary, fire,
explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or
a crime as defined by subdivision (b) of Section 13951, unless the
disclosure would endanger the safety of a witness or other person
involved in the investigation, or unless disclosure would endanger
the successful completion of the investigation or a related
investigation. However, nothing in this division shall require the
disclosure of that portion of those investigative files that reflects
the analysis or conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law,
the entire contract or amendment shall be open to inspection by the
Joint Legislative Audit Committee and the Legislative Analyst's
Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time a contract or amendment is
fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215 of the Penal Code by the
sheriff of a county or the chief or other head of a municipal police
department.
(3) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
licenses to carry firearms issued pursuant to Section 26150, 26155,
26170, or 26215 of the Penal Code by the sheriff of a county or the
chief or other head of a municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law,
the entire contract or amendments to a contract shall be open to
inspection by the Joint Legislative Audit Committee. The committee
shall maintain the confidentiality of the contracts and amendments
thereto, until the contracts or amendments to the contracts are open
to inspection pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Office of
Emergency Management Agency Services
for use by that office, including the identity of the person who or
entity that voluntarily submitted the information. As used in this
subdivision, "voluntarily submitted" means submitted in the absence
of the office exercising any legal authority to compel access to or
submission of critical infrastructure information. This subdivision
shall not affect the status of information in the possession of any
other state or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) Nothing in this paragraph is intended to apply to documents
related to contracts with public entities that are not otherwise
expressly confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations Act
(29 U.S.C. Sec. 158).
SEC. 86. Section 6254.23 of the Government Code is amended to
read:
6254.23. Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the
California Office of Emergency
Management Agency Services pursuant to Article
7.3 (commencing with Section 7665) of Chapter 1 of Division 4 of the
Public Utilities Code.
SEC. 87. Section 6276.26 of the Government Code is amended to
read:
6276.26. Improper governmental activities reporting,
confidentiality of identity of person providing information, Section
8547.5.
Improper governmental activities reporting, disclosure of
information, Section 8547.6.
Industrial loan companies, confidentiality of financial
information, Section 18496, Financial Code.
Industrial loan companies, confidentiality of investigation and
examination reports, Section 18394, Financial Code.
Influenza vaccine, trade secret information and information
relating to recipient of vaccine, Section 120155, Health and Safety
Code.
In forma pauperis litigant, rules governing confidentiality of
financial information, Section 68511.3.
Infrastructure information, exemption from disclosure for
information voluntarily submitted to the California
Office of Emergency Management Agency
Services , subdivision (ab), Section 6254.
In-Home Supportive Services Program, exemption from disclosure for
information regarding persons paid by the state to provide in-home
supportive services, Section 6253.2.
Initiative, referendum, recall, and other petitions,
confidentiality of names of signers, Section 6253.5.
Insurance claims analysis, confidentiality of information, Section
1875.16, Insurance Code.
Insurance Commissioner, confidential information, Sections 735.5,
1067.11, 1077.3, and 12919, Insurance Code.
Insurance Commissioner, informal conciliation of complaints,
confidential communications, Section 1858.02, Insurance Code.
Insurance Commissioner, information from examination or
investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3,
Insurance Code.
Insurance Commissioner, writings filed with nondisclosure, Section
855, Insurance Code.
Insurance fraud reporting, information acquired not part of public
record, Section 1873.1, Insurance Code.
Insurance licensee, confidential information, Section 1666.5,
Insurance Code.
Insurer application information, confidentiality of, Section
925.3, Insurance Code.
Insurer financial analysis ratios and examination synopses,
confidentiality of, Section 933, Insurance Code.
Integrated Waste Management Board
Department of Resources Recycling and Recovery
information, prohibition against disclosure, Section 45982, Revenue
and Taxation Code.
International wills, confidentiality of registration information
filed with the Secretary of State, Section 6389, Probate Code.
Intervention in regulatory and ratemaking proceedings, audit of
customer seeking and award, Section 1804, Public Utilities Code.
Investigation and security records, exemption from disclosure for
records of the Attorney General, the Department of Justice, the
California Office of Emergency
Management Agency Services , and state and
local police agencies, subdivision (f), Section 6254.
Investigative consumer reporting agency, limitations on furnishing
an investigative consumer report, Section 1786.12, Civil Code.
SEC. 88. Section 6276.38 of the Government Code is amended to
read:
6276.38. Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Secretary Director of
California Emergency Management
Services , or the California
Office of Emergency Management Agency
Services , Section 6254.23.
Real estate broker, annual report to Department
Bureau of Real Estate of financial information,
confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of,
Section 27280.
Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.
Registered public obligations, inspection of records of security
interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.
Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.
Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board members,
owners, partners, officers, and contractors of a reproductive health
services facility who have provided requisite notification, Section
6254.18.
Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles,
confidentiality of, Section 6254.1, Government Code, and Section
1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor
Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident
information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of
client information, Section 1569.315, Health and Safety Code.
Respiratory care practitioner, professional competency examination
reports, confidentiality of, Section 3756, Business and Professions
Code.
Restraint of trade, civil action by district attorney,
confidential memorandum, Section 16750, Business and Professions
Code.
Reward by governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.
SEC. 89. Chapter 3.1 (commencing with Section 8240) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 90. Section 8550 of the Government Code is amended to read:
8550. The state has long recognized its responsibility to
mitigate the effects of natural, manmade, or war-caused emergencies
which that result in conditions of
disaster or in extreme peril to life, property, and the resources of
the state, and generally to protect the health and safety and
preserve the lives and property of the people of the state. To ensure
that preparations within the state will be adequate to deal with
such emergencies, it is hereby found and declared to be necessary:
(a) To confer upon the Governor and upon the chief executives and
governing bodies of political subdivisions of this state the
emergency powers provided herein; and to provide for state assistance
in the organization and maintenance of the emergency programs of
such political subdivisions.
(b) To provide for a state agency office
to be known and referred to as the California
Office of Emergency Management Agency
(Cal EMA) Services , within the office of the
Governor, and to prescribe the powers and duties of the
secretary director of that agency
office .
(c) To provide for the assignment of functions to state
agencies entities to be performed during an
emergency and for the coordination and direction of the emergency
actions of such agencies those entities
.
(d) To provide for the rendering of mutual aid by the state
government and all its departments and agencies and by the political
subdivisions of this state in carrying out the purposes of this
chapter.
(e) To authorize the establishment of such organizations and the
taking of such actions as are necessary and proper to carry out the
provisions of this chapter.
It is further declared to be the purpose of this chapter and the
policy of this state that all emergency services functions of this
state be coordinated as far as possible with the comparable functions
of its political subdivisions, of the federal government including
its various departments and agencies, of other states, and of private
agencies of every type, to the end that the most effective use may
be made of all manpower, resources, and facilities for dealing with
any emergency that may occur.
SEC. 91. Section 8570.5 of the Government Code is amended to read:
8570.5. The California Office of
Emergency Management Agency Services
shall develop a guidance document to the state emergency plan to
specify the response of the state and its political subdivisions to
agriculture-related disasters. This document shall be completed by
January 2002, and updated by January 2009, and shall include, but not
be limited to, all of the following:
(a) The roles and responsibilities of the county agricultural
commissioners.
(b) The roles and responsibilities of the Department of
Agriculture and other relevant state agencies that are involved in
the response to agriculture-related disasters.
(c) Coordination of initial and ongoing crop damage assessments.
(d) Disaster assistance between the time of the request for a
federal disaster declaration and issuance of a federal declaration.
(e) State assistance available if a requested federal declaration
is not issued.
(f) State assistance under a United States Department of
Agriculture designation rather than a federal declaration.
(g) State assistance for long-term unemployment in areas with high
unemployment rates prior to an emergency.
(h) Provision for the removal and elimination of extraordinary
numbers of dead livestock for purposes of protecting public health
and safety.
(i) Strategies to assist in the development of an integrated and
coordinated response by community-based organizations to the victims
of agriculture-related disasters.
(j) Procedures for the decontamination of individuals who have
been or may have been exposed to hazardous materials, which may vary
depending on the hazards posed by a particular hazardous material.
The report shall specify that individuals shall be assisted in a
humanitarian manner.
(k) Integration of various local and state emergency response
plans, including, but not limited to, plans that relate to hazardous
materials, oil spills, public health emergencies, and general
disasters.
SEC. 92. Section 8574.17 of the Government Code is amended to
read:
8574.17. (a) (1) A state toxic disaster contingency plan
established pursuant to this article shall provide for an integrated
and effective state procedure to respond to the occurrence of toxic
disasters within the state. The plan shall provide for the
designation of a lead agency to direct strategy to ameliorate the
effects of a toxic disaster, for specified state agencies to
implement the plan, for interagency coordination of the training
conducted by state agencies pursuant to the plan, and for on-scene
coordination of response actions.
(2) Notwithstanding any provision of the plan, the authority for
the management of the scene of an on-highway toxic spill or disaster
shall be vested in the appropriate law enforcement agency having
primary traffic investigative authority on the highway where the
incident occurs or in a local fire protection agency as provided by
Section 2454 of the Vehicle Code. During the preparation of the toxic
disaster contingency plan, the California
Office of Emergency Management Agency
Services shall adopt the recommendations of the Department of
the California Highway Patrol in developing response and on-scene
procedures for toxic disasters which occur upon the highways, based
upon previous studies for such procedures, insofar as the procedures
are not inconsistent with the overall plan for initial notification
of toxic disasters by public agencies and for after-incident
evaluation and reporting.
(b) The California Office of
Emergency Management Agency Services
shall establish a central notification and reporting system to
facilitate operation of the state toxic disaster response procedures
designated by the toxic disaster contingency plan.
SEC. 93. Section 8574.20 of the Government Code is amended to
read:
8574.20. The California Office of
Emergency Management Agency Services
shall manage the California Hazardous Substances Incident Response
Training and Education Program to provide approved classes in
hazardous substance response, taught by trained instructors, and to
certify students who have completed these classes. To carry out this
program, the California Office of
Emergency Management Agency Services
shall do all of the following:
(a) Adopt regulations necessary to implement the program.
(b) Establish a training and education program by developing the
curriculum to be used in the program in colleges, academies, the
California Specialized Training Institute, and other educational
institutions, as specified in Section 8574.21.
(c) Establish recommended minimum standards for training emergency
response personnel and instructors, including, but not limited to,
fire, police, and environmental health personnel.
(d) Make available a training and education program in the use of
hazardous substances emergency rescue, safety, and monitoring
equipment, on a voluntary basis, at the California Specialized
Training Institute.
(e) Train and certify instructors at the California Specialized
Training Institute according to standards and procedures developed by
the curriculum development advisory committee, as specified in
Section 8588.10.
(f) Approve classes, as meeting the requirements of the program,
if the classes meet the curriculum developed by the
California Office of Emergency
Management Agency Services pursuant to Section
8574.21 and the instructor received training and certification at the
California Specialized Training Institute, as specified in
subdivision (e).
(g) Certify students who have successfully completed a class
approved as meeting the requirements of the program.
(h) Review and revise, as necessary, the program.
(i) Establish and collect admission fees and other fees that may
be necessary to be charged for advanced or specialized training given
at the California Specialized Training Institute. These fees shall
be used to offset costs incurred pursuant to this article.
SEC. 94. Section 8574.21 of the Government Code is amended to
read:
8574.21. (a) The California Office of
Emergency Management Agency Services
shall develop the curriculum to be used in classes that meet
the program requirements and shall adopt standards and procedures for
training instructors at the California Specialized Training
Institute.
(b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
(1) First responder training.
(2) On-scene manager training.
(3) Hazardous substance incident response training for management
personnel.
(4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
(5) Environmental monitoring.
(6) Hazardous substance release investigations.
(7) Hazardous substance incident response activities at ports.
(c) The curriculum development advisory committee described in
Section 8588.10 shall advise the California
Office of Emergency Management Agency
Services on the development of course curricula and the
standards and procedures specified in subdivision (a). In advising
the California Office of Emergency
Management Agency Services , the
committee shall do the following:
(1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
(2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
(3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
(d) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
(e) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
California Highway Patrol may deem any training programs taught by
that employee to be equivalent to any training program meeting the
requirements established pursuant to this article.
SEC. 95. Section 8574.22 of the Government Code is amended to
read:
8574.22. The California Office of
Emergency Management Agency Services
may hire professional and clerical staff pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2). However, any person employed pursuant to this section shall
be employed only at the California Specialized Training Institute.
SEC. 96. Section 8575 of the Government Code is amended to read:
8575. For the purposes of the California Disaster and Civil
Defense Master Mutual Aid Agreement, the California
Office of Emergency Management Agency
Services will serve as the State Disaster
Council.
SEC. 97. Section 8584.1 of the Government Code is amended to read:
8584.1. (a) It is the intent of the Legislature that the state
have an urban heavy rescue capability in the event of a major
earthquake. It is also the intent of the Legislature that the
California Office of Emergency
Management Agency Services and the State Fire
Marshal's Office pursue the necessary funding to carry out this
article through the normal budget process.
(b) The Fire and Rescue Division of the California
Office of Emergency Management Agency
Services shall acquire and maintain urban heavy
rescue units and transportable caches of search and rescue gear,
including hand tools and protective gear. The division shall position
the units and caches to ensure a rapid response of personnel and
equipment anywhere in the state, and ensure that a unit will be
available on the scene within one hour of a major earthquake.
(c) The State Fire Marshal's Office shall coordinate the training
of personnel in the use of the units and equipment in cooperation
with the California Office of Emergency
Management Agency Services .
SEC. 98. Section 8585 of the Government Code is amended to read:
8585. (a) (1) There is in state government, within the
office of the Governor, the California
Office of Emergency Management Agency
Services . The California Office of
Emergency Management Agency Services
shall be under the supervision of the Secretary
Director of the Emergency
Management Agency Services , who shall
have all rights and powers of a head of an agency
office as provided by this code, and shall be referred to
as the Secretary Director of Emergency
Management Services .
(2) Unless the context clearly requires otherwise, whenever the
term "Office of "California Emergency
Services" Management Agency "
appears in any statute, regulation, or contract, or in any
other code, it shall be construed to refer to the
California Office of Emergency
Management Agency Services , and whenever the
term "Director "Secretary of Emergency
Services" Management " or
the "Director "Secretary of the
Office of Emergency Services"
Management Agency" appears in statute, regulation, or
contract, or in any other code, it shall be construed to
refer to the Secretary Director of
Emergency Management Services .
(3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, or in any
other code, it shall be construed to refer to the
California Office of Emergency
Management Agency Services , and whenever the
term "Director of Homeland Security" or "Director of the Office of
Homeland Security" appears in any statute, regulation, or contract,
or in any other code, it shall be construed to refer to
the Secretary Director of Emergency
Management Services .
(b) (1) The California Office of
Emergency Management Agency Services
and the Secretary Director of Emergency
Management Services shall succeed to
and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the Office of
California Emergency Services
Management Agency and the Director
Secretary of the Office of Emergency
Services Management , respectively.
(2) The California Office of
Emergency Management Agency Services
and the Secretary Director of Emergency
Management Services shall succeed to
and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the Office of Homeland
Security and the Director of Homeland Security, respectively.
(c) The California Office of
Emergency Management Agency Services
shall be considered a law enforcement organization as required for
receipt of criminal intelligence information pursuant to subdivision
(f) of Section 6254 of the Government Code by
persons employed within the agency office
whose duties and responsibilities require the authority to
access criminal intelligence information.
(d) Persons employed by the California
Office of Emergency Management Agency
Services whose duties and responsibilities require the
authority to access criminal intelligence information shall be
furnished state summary criminal history information as described in
Section 11105 of the Penal Code, if needed in the course of their
duties.
(e) The California Office of
Emergency Management Agency Services
shall be responsible for the state's emergency and disaster response
services for natural, technological, or 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.
(f) Notwithstanding any other provision of law,
nothing in this section shall authorize an employee of the
California Office of Emergency
Management Agency Services to access criminal
intelligence information under subdivision (c) or (d) for the purpose
of determining eligibility for, or providing access to,
disaster-related assistance and services.
SEC. 99. Section 8585.05 of the Government Code is amended to
read:
8585.05. Unless the context otherwise requires, for purpose of
this article, the following definitions apply:
(a) "Agency" or "office" means the
California Office of Emergency
Management Agency Services .
(b) "Secretary" means "California
Emergency Management Agency" means the Office of Emergency Services.
(c) "Director" or "secretary"
means the Secretary Director
of Emergency Management Services .
SEC. 100. Section 8585.1 of the Government Code is amended to
read:
8585.1. (a) The secretary director
shall be appointed by, and hold office at the pleasure of, the
Governor. The appointment of the secretary
director is subject to confirmation by the Senate. The
secretary director shall coordinate all state
disaster response, emergency planning, emergency preparedness,
disaster recovery, disaster mitigation, and homeland security
activities.
(b) The secretary director shall
receive an annual salary as set forth in Section 11550
11552 .
(c) The Governor may appoint an undersecretary
a deputy director of the agency
office . The undersecretary deputy
director shall hold office at the pleasure of the Governor.
(d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the agency
office .
(e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the secretary director or
undersecretary deputy director pursuant to
Section 4 of Article VII of the California Constitution.
SEC. 101. Section 8585.2 of the Government Code is amended to
read:
8585.2. (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency office
or engaged in the administration of law, the administration of
which is transferred to was vested in
the agency former California
Emergency Management Agency , are transferred to the
agency office . The status, positions, and
rights of those persons shall not be affected by their transfer and
shall continue to be retained by them pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5),
except as to positions the duties of which are vested in a position
exempt from civil service. The personnel records of all transferred
employees shall be transferred to the agency
office .
(b) The property of any agency or department related to functions
formerly transferred to , or vested
in the California Emergency Management Agency ,
is transferred to the agency office .
If any doubt arises as to where that property is transferred, the
Department of General Services shall determine where the property is
transferred.
(c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law formerly transferred to the
agency California Emergency Management Agency
shall be transferred to the agency
office for use for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 102. Section 8585.7 of the Government Code is amended to
read:
8585.7. The agency office may
certify the accredited status of local disaster councils, subject to
the requirements of Section 8612.
SEC. 103. Section 8586 of the Government Code is amended to read:
8586. The Governor shall assign all or part of his or her powers
and duties under this chapter to the California
Office of Emergency Management Agency
Services .
SEC. 104. Section 8587.7 of the Government Code is amended to
read:
8587.7. (a) The California Office of
Emergency Management Agency Services
, in cooperation with the State Department of Education, the
Department of General Services, and the Seismic Safety Commission,
shall develop an educational pamphlet for use by grades Kindergarten
to 14 personnel to identify and mitigate the risks posed by
nonstructural earthquake hazards.
(b) The agency office shall print
and distribute the pamphlet to the governing board of each school
district and community college district in the state, along with a
copy of the current edition of the agency's
office's school emergency response publication. The
agency office shall also make the pamphlet or
the current edition of the agency's office's
school emergency response publication available to a private
elementary or secondary school upon request.
(c) The agency office , as soon as
feasible, shall make the pamphlet and the current edition of the
agency's office's school emergency
response publication available by electronic means, including, but
not limited to, the Internet.
SEC. 105. Section 8588 of the Government Code is amended to read:
8588. Whenever conditions exist within any region or regions of
the state which that warrant the
proclamation by the Governor of a state of emergency and the Governor
has not acted under the provisions of Section 8625, by reason of the
fact that the Governor has been inaccessible, the secretary
director may proclaim the existence of a state
of emergency in the name of the Governor as to any region or regions
of the state. Whenever the secretary director
has so proclaimed a state of emergency, that action shall be
ratified by the Governor as soon as the Governor becomes accessible,
and in the event the Governor does not ratify the action, the
Governor shall immediately terminate the state of emergency as
proclaimed by the secretary director .
SEC. 106. Section 8588.1 of the Government Code is amended to
read:
8588.1. (a) The Legislature finds and declares that this state
can only truly be prepared for the next disaster if the public and
private sector collaborate.
(b) The agency office may, as
appropriate, include private businesses and nonprofit organizations
within its responsibilities to prepare the state for disasters under
this chapter. All participation by businesses and nonprofit
associations in this program shall be voluntary.
(c) The agency office may do any of
the following:
(1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
(2) Conduct outreach programs to encourage business to work with
governments and community associations to better prepare the
community and their employees to survive and recover from disasters.
(3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
(4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
(d) The agency office may share
facilities and systems for the purposes of subdivision (b) with the
private sector to the extent the costs for their use are reimbursed
by the private sector.
(e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
(f) Notwithstanding Section 11005, donations and private grants
may be accepted by the agency office
and shall not be subject to Section 11005.
(g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
secretary office may expend the money
in the account for the costs associated within this section.
(h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.
SEC. 107. Section 8588.3 of the Government Code is amended to
read:
8588.3. (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
(b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the agency
Office of Emergency Services . The institute
shall assist the Governor in providing, pursuant to subdivision (f)
of Section 8570, training to state agencies, cities, and counties in
their planning and preparation for disasters.
(c) The secretary director may
solicit, receive, and administer funds or property from federal,
state, or other public agency sources for the support and operation
of the institute.
(d) The secretary director may
solicit and receive firearms, other weaponry, explosive materials,
chemical agents, and other items confiscated by or otherwise in the
possession of law enforcement officers as donations to the institute
if he or she deems them to be appropriate for the institute's
training purposes.
(e) Any moneys received by the secretary
director from charges or fees imposed in connection with the
operation of the institute shall be deposited in the General Fund.
SEC. 108. Section 8588.7 of the Government Code is amended to
read:
8588.7. (a) The California Office of
Emergency Management Agency Services
shall procure mobile communication translators to enable
mutual-aid emergency response agencies to communicate effectively
while operating on incompatible frequencies.
(b) Translators shall be located in the San Francisco Bay Area and
the Los Angeles metropolitan area, made ready for use by local
public safety officials by the California
Office of Emergency Management Agency
Services , and provided to the appropriate state-established
mutual-aid region pursuant to Section 8600.
(c) The California Office of
Emergency Management Agency Services
shall implement this section only to the extent that funds are
appropriated to the agency office for
this purpose in the Budget Act or in other legislation.
SEC. 109. Section 8588.10 of the Government Code is amended to
read:
8588.10. (a) The secretary director
shall establish a Curriculum Development Advisory Committee to
advise the agency office on the
development of course curricula, as specified by the
secretary director .
(b) The committee shall be chaired by the secretary
director , who will appoint members as
appropriate. In appointing members to the committee, the
secretary director shall include representatives
from the following:
(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
secretary director .
(2) Local first responder agencies.
(3) Local public safety agencies.
(4) Nonprofit organizations, as deemed appropriate by the
secretary director .
(5) Any other state, local, tribal, or nongovernmental
organization determined by the secretary
director to be appropriate.
SEC. 110. Section 8588.11 of the Government Code is amended to
read:
8588.11. (a) The agency office
shall contract with the California Fire Fighter Joint Apprenticeship
Program to develop a fire service specific course of instruction on
the responsibilities of first responders to terrorism incidents. The
course shall include the criteria for the curriculum content
recommended by the Curriculum Development Advisory Committee
established pursuant to Section 8588.10 to address the training needs
of both of the following:
(1) Firefighters in conformance with the standards established by
the State Fire Marshal.
(2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the State
Emergency Medical Services Authority.
(b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
(c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
(d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.
SEC. 111. Section 8589 of the Government Code is amended to read:
8589. The California Office of
Emergency Management Agency Services
shall be permitted such the use of all
state and local fair properties
as conditions require.
SEC. 112. Section 8589.1 of the Government Code is amended to
read:
8589.1. (a) The California Office of
Emergency Management Agency Services
shall plan to establish the State Computer Emergency Data
Exchange Program (SCEDEP) , which shall be responsible for
collection and dissemination of essential data for emergency
management.
(b) Participating agencies in SCEDEP shall include the Department
of Water Resources, Department of Forestry and Fire Protection,
Department of the California Highway Patrol, Department of
Transportation, Emergency Medical Services Authority, the State Fire
Marshal, State Department of Public Health, and any other state
agency that collects critical data and information that affects
emergency response.
(c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication between
state agencies and that emergency information be readily accessible
to city and county emergency services offices. The
California Office of Emergency
Management Agency Services shall develop
policies and procedures governing the collection and dissemination of
emergency information and shall recommend or design the appropriate
software and programs necessary for emergency communications with
city and county emergency services offices.
SEC. 113. Section 8589.2 of the Government Code is amended to
read:
8589.2. (a) The California Office of
Emergency Management Agency Services
, in consultation with the California Highway Patrol and other
state and local agencies, shall establish a statewide plan for the
delivery of hazardous material mutual aid.
(b) Within 180 days of the adoption of a plan by the
California Office of Emergency
Management Agency Services , an entity shall
only be considered a candidate for training or equipment funds
provided by the state for hazardous material emergency response when
that entity is a signatory to the plan established under this
section.
(1) For the purpose of this chapter "hazardous material emergency
response" includes, but is not limited to, assessment, isolation,
stabilization, containment, removal, evacuation, neutralization,
transportation, rescue procedures, or other activities necessary to
ensure the public safety during a hazardous materials emergency.
(2) For the purpose of this chapter, "hazardous material" is
defined as in Section 25501 of the Health and Safety Code.
(c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.
SEC. 114. Section 8589.5 of the Government Code is amended to
read:
8589.5. (a) Inundation maps showing the areas of potential
flooding in the event of sudden or total failure of any dam, the
partial or total failure of which the California
Office of Emergency Management Agency
Services determines, after consultation with the
Department of Water Resources, would result in death or personal
injury, shall be prepared and submitted as provided in this
subdivision within six months after the effective date of this
section, unless previously submitted or unless the time for
submission of those maps is extended for reasonable cause by the
California Office of Emergency
Management Agency Services . The local
governmental organization, utility, or other public or private owner
of any dam so designated shall submit to the California
Office of Emergency Management Agency
Services one map that shall delineate potential
flood zones that could result in the event of dam failure when the
reservoir is at full capacity, or if the local governmental
organization, utility, or other public or private owner of any dam
shall determine it to be desirable, he or she shall submit three maps
that shall delineate potential flood zones that could result in the
event of dam failure when the reservoir is at full capacity, at
median-storage level, and at normally low-storage level. After
submission of copies of the map or maps, the California
Office of Emergency Management Agency
Services shall review the map or maps, and shall
return any map or maps that do not meet the requirements of this
subdivision, together with recommendations relative to conforming to
the requirements. Maps rejected by the California
Office of Emergency Management Agency
Serv ices shall be revised to conform to those
recommendations and resubmitted. The California
Office of Emergency Management Agency
Services shall keep on file those maps that conform to the
provisions of this subdivision. Maps approved pursuant to this
subdivision shall also be kept on file with the Department of Water
Resources. The owner of a dam shall submit final copies of those maps
to the California Office of Emergency
Management Agency Services that shall
immediately submit identical copies to the appropriate public safety
agency of any city, county, or city and county likely to be affected.
(b) (1) Based upon a review of inundation maps submitted pursuant
to subdivision (a) or based upon information gained by an onsite
inspection and consultation with the affected local jurisdiction when
the requirement for an inundation map is waived pursuant to
subdivision (d), the California Office of
Emergency Management Agency Services
shall designate areas within which death or personal injury
would, in its determination, result from the partial or total failure
of a dam. The appropriate public safety agencies of any city,
county, or city and county, the territory of which includes any of
those areas, may adopt emergency procedures for the evacuation and
control of populated areas below those dams. The California
Office of Emergency Management Agency
Services shall review the procedures to
determine whether adequate public safety measures exist for the
evacuation and control of populated areas below the dams, and shall
make recommendations with regard to the adequacy of those procedures
to the concerned public safety agency. In conducting the review, the
California Office of Emergency
Management Agency Services shall consult with
appropriate state and local agencies.
(2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the California Office of
Emergency Management Agency Services :
(A) Delineation of the area to be evacuated.
(B) Routes to be used.
(C) Traffic control measures.
(D) Shelters to be activated for the care of the evacuees.
(E) Methods for the movement of people without their own
transportation.
(F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.
(G) Identification and development of special procedures for the
evacuation and care of people from unique institutions.
(H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.
(I) Procedures for the lifting of the evacuation and reentry of
the area.
(J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and personnel
resources required.
(3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for their
review every two years.
(c) "Dam," as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.
(d) Where both of the following conditions exist, the
California Office of Emergency
Management Agency Services may waive the
requirement for an inundation map:
(1) Where the effects of potential inundation in terms of death or
personal injury, as determined through onsite inspection by the
California Office of Emergency
Management Agency Services in consultation with
the affected local jurisdictions, can be ascertained without an
inundation map.
(2) Where adequate evacuation procedures can be developed without
benefit of an inundation map.
(e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
California Office of Emergency
Management Agency Services of that development.
All waivers shall be reevaluated every two years by the
California Office of Emergency
Management Agency Services .
(f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to inundation
areas within the county.
SEC. 115. Section 8589.6 of the Government Code is amended to
read:
8589.6. (a) The California Office of
Emergency Management Agency Services
shall develop model guidelines for local government agencies
and community-based organizations planning to develop a disaster
registry program. Adoption of the model guidelines shall be
voluntary. Local governmental agencies or community-based
organizations wishing to establish a disaster registry program may
consult with the California Office of
Emergency Management Agency Services
for further guidance.
(b) The guidelines required by subdivision (a) shall address, at a
minimum, all of the following issues:
(1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified in
the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.
(2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom English
is not a first language, persons who are unskilled or deficient in
the English language, long-term health care facilities, residential
community care facilities, and residential care facilities for the
elderly.
(3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.
(4) A plan for ensuring that hard data is available if computers
shut down.
(5) A recommendation for those persons or organizations that would
be appropriate to respond to persons on the disaster registry, and a
plan for training the responsible party.
(6) A plan for community outreach to encourage those eligible to
participate.
(7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.
(8) Recommendations and assistance for obtaining federal and state
moneys to establish a disaster registry.
(9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include a
space on the form where the person has the option of registering for
the program. By checking the box and giving approval to be registered
for the program the person waives confidentiality rights. Despite
this waiver of confidentiality rights, local government agencies and
community-based organizations planning to develop a disaster registry
are encouraged to do everything possible to maintain the
confidentiality of their registries. Organizations that currently
have lists of people who would be eligible to register for the
program should be encouraged to share this information with persons
establishing a disaster registry.
SEC. 116. Section 8589.7 of the Government Code is amended to
read:
8589.7. (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the California
Office of Emergency Management Agency
Services shall serve as the central point in state
government for the emergency reporting of spills, unauthorized
releases, or other accidental releases of hazardous materials and
shall coordinate the notification of the appropriate state and local
administering agencies that may be required to respond to those
spills, unauthorized releases, or other accidental releases. The
California Office of Emergency
Management Agency Services is the only state
agency entity required to make the
notification required by subdivision (b).
(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the
California Office of Emergency
Management Agency Services shall immediately
inform the following agencies of the incident:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
California Office of Emergency
Management Agency Services shall inform
the administrator for oil spill response, the State Lands
Commission, the California Coastal Commission, and the California
regional water quality control board having jurisdiction over the
location of the discharged oil.
(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the California
Office of Emergency Management Agency
Services shall inform the State Fire Marshal.
(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the California Office of
Emergency Management Agency
Services shall inform the appropriate California regional water
quality control board.
(4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the
California Office of Emergency
Management Agency Services shall
inform the local administering agency that has jurisdiction over the
spill or release.
(5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the California
Office of Emergency Management Agency
Services shall inform the Division of Oil, Gas, and Geothermal
Resources and the appropriate California regional water quality
control board.
(c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the California Office of Emergency
Management Agency Services
and businesses in their jurisdiction of the appropriate emergency
telephone number that can be used for emergency notification to the
administering agency on a 24-hour basis. The administering agency
shall notify other local agencies of releases or threatened releases
within their jurisdiction, as appropriate.
(e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the
California Office of Emergency
Management Agency Services shall be
liable for any failure of the California
Office of Emergency Management Agency
Services to make a notification required by this
section or to accurately transmit the information reported.
SEC. 117. Section 8589.9 of the Government Code is amended to
read:
8589.9. (a) The Legislature finds and declares that there is a
growing need to find new ways to acquire firefighting apparatus and
equipment for use by local agencies. Local agencies, particularly
those that serve rural areas, have had , and are likely to
continue to have, difficulty acquiring firefighting apparatus and
equipment. The Legislature further finds and declares that this
situation presents a statewide problem for the protection of the
public safety.
(b) In enacting this article, the Legislature intends to create
new ways for the California Office of
Emergency Management Agency
Services to help local agencies acquire firefighting apparatus
and equipment. Through the identification of available apparatus and
equipment, the acquisition of new and used apparatus and equipment,
the refurbishing and resale of used apparatus and equipment, and
assisting the financing of resales, the California
Office of Emergency Management Agency
Services will help local agencies meet public safety
needs.
SEC. 118. Section 8589.10 of the Government Code is amended to
read:
8589.10. As used in this article:
(a) "Acquire" means acquisition by purchase, grant, gift, or any
other lawful means.
(b) "Agency" "Office" means the
California Office of Emergency
Management Agency Services .
(c) "Firefighting apparatus and equipment" means any vehicle and
its associated equipment which that is
designed and intended for use primarily for firefighting.
"Firefighting apparatus and equipment" does not include vehicles that
are designed and intended for use primarily for emergency medical
services, rescue services, communications and command operations, or
hazardous materials operations.
(d) "Indirect expenses" means those items that are identified as
indirect costs in the federal Office of Management and Budget,
Circular A-87 on January 1, 1985.
(e) "Local agency" means any city, county, special district, or
any joint powers agency composed exclusively of those agencies, that
provides fire suppression services. "Local agency" also includes a
fire company organized pursuant to Part 4 (commencing with Section
14825) of Division 12 of the Health and Safety Code.
(f) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Secretary" "Director" means the
Secretary Director of Emergency
Management Services .
SEC. 119. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the California Emergency
Management Agency Fire Advisory Committee, hereafter to be
referred as the Office of Emergency Services Fire Advisory Committee,
the secretary director shall
adopt rules and regulations governing the operation of the programs
created by this article pursuant to the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which may be acquired, rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies , which
shall give preference to local agencies which meet all of the
following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 120. Section 8590.1 of the Government Code is amended to
read:
8590.1. As used in this article, the following terms have the
following meanings:
(a) "Agency" or "office " means the
California Office of Emergency
Management Agency Services.
(b) "Local agency" means any city, county, city and county, fire
district, special district, or joint powers agency that provides fire
suppression services. "Local agency" also includes a fire company
organized pursuant to Part 4 (commencing with Section 14825) of
Division 12 of the Health and Safety Code.
(c) "Secretary" or "director" means the
Secretary Director of Emergency
Management Services .
(d) "State agency" means any state agency providing residential or
institutional fire protection, including, but not limited to, the
Department of Forestry and Fire Protection.
SEC. 121. Section 8590.3 of the Government Code is amended to
read:
8590.3. In administering the purchasing program, the
secretary director shall do all of the
following:
(a) No later than 45 days after the effective date of this
article, establish an advisory committee, which shall be comprised of
representatives of organizations including, but not limited to, the
California Fire Chiefs Association, the Fire Districts Association of
California, the California Professional Firefighters, the CDF
Firefighters, and the California State Firefighters Association, Inc.
The committee shall meet no later than 30 days after all members are
appointed.
(b) Consult with the advisory committee regarding equipment
specifications and other matters relating to the acquisition of
thermal imaging equipment, and require the advisory committee to
formulate specifications no later than 120 days after its initial
meeting.
(c) Notify all local and state agencies about the purchasing
program, including the opportunity to purchase additional units at
the contract price, and determine whether those agencies are
interested in obtaining thermal imaging equipment.
(d) Purchase thermal imaging equipment at the lowest possible
price from a reliable vendor that meets specified requirements. It is
the intent of the Legislature that the director enter into a
multiyear contract for this purpose no later than 180 days after the
committee formulates specifications pursuant to subdivision (b).
(e) Include a provision in the vendor contract allowing any local
or state agency to purchase additional units directly from the vendor
at the contract price.
(f) Any local agency that elects to participate in the thermal
imaging equipment purchasing program shall pay one-half of the
contract price for each piece of equipment purchased on its behalf by
the state.
SEC. 122. Section 8590.4 of the Government Code is amended to
read:
8590.4. (a) The secretary director
shall seek funding for the program from the private sector, grant
programs, and other appropriate sources.
(b) The secretary, director, after
consultation with the advisory commission, shall distribute equipment
purchased under the program in order to maximize its utilization by
firefighters based on consideration of the following factors:
(1) Ability to share or move the equipment to fire locations.
(2) Availability of existing thermal imaging equipment.
(3) Geography.
(4) Need based on frequency of fires.
SEC. 123. Section 8591 of the Government Code is amended to read:
8591. Nothing in this chapter shall operate to prevent the
Governor or the Office of Emergency Management
Services from formally recognizing
committees or boards established by or with segments of the private
sector, public agencies, or both the private sector and public
agencies, that control facilities, resources, or the provision of
services essential to the mitigation of the effects of an emergency
or recovery therefrom, or from assigning administrative authority or
responsibility to those committees or boards or to members thereof
with respect to the provision and effective utilization of those
resources to meet needs resulting from an emergency.
SEC. 124. Section 8592.1 of the Government Code is amended to
read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and that
consists of representatives of the following state entities:
(1) The California Office of
Emergency Management Agency
Services , who whose director or his or
her representative shall serve as chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The California Department of
Technology Agency .
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments,
including mobile radios, hand-held radios, mobile
repeaters, fixed repeaters, transmitters, or receivers that are
interconnected to utilize assigned public safety communications
frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 125. Section 8592.5 of the Government Code is amended to
read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Association of Public-Safety Communications Officials,
Inc., National Association of State Telecommunications Directors,
and agencies of the federal government, commonly referred to as
"APCO/NASTD/FED."
(2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either of the
following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the California
Department of Technology Agency .
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.
SEC. 126. Section 8592.7 of the Government Code is amended to
read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.
(c) The California Department of
Technology Agency shall review the plans submitted
pursuant to subdivision (a) for consistency with the technical
requirements of the statewide integrated public safety communication
strategic plan included in the annual report required pursuant to
Section 8592.6.
SEC. 127. Section 8593 of the Government Code is amended to read:
8593. The California Office of
Emergency Management Agency Services
shall work with advocacy groups representing the deaf and hearing
impaired, including, but not limited to, the California Association
of the Deaf and the Coalition of Deaf Access Providers, California
television broadcasters, city and county emergency services
coordinators, and, as appropriate, the Federal Emergency Management
Agency and the Federal Communications Commission, to improve
communication with deaf and hearing-impaired persons during
emergencies, including the use of open captioning by California
television broadcasters when transmitting emergency information.
SEC. 128. Section 8593.1 of the Government Code is amended to
read:
8593.1. The California Office of
Emergency Management Agency
Services shall investigate the feasibility of, and the funding
requirements for, establishing a "Digital Emergency Broadcast System"
network, to be used by local and state government agencies for the
provision of warnings and instructions in digital or printed form to
California broadcast outlets for relay to the public both orally and
visually, through television, and orally, through radio, during
emergencies.
SEC. 129. Section 8593.2 of the Government Code is amended to
read:
8593.2. The California Office of
Emergency Management Agency
Services shall investigate the feasibility of establishing a
toll-free 800 telephone hotline, including TDD (telecommunications
device for the deaf) accessibility, which would be accessible to the
public, including deaf, hearing-impaired, and non-English speaking
persons, for use during nonemergency and emergency periods to respond
to inquiries about emergency preparedness and disaster status.
SEC. 130. Section 8593.6 of the Government Code is amended to
read:
8593.6. (a) No later than six months after securing funding for
the purposes of this section, the Secretary
Director of Emergency Management
Services shall convene a working group for the purpose of
assessing existing and future technologies available in the public
and private sectors for the expansion of transmission of emergency
alerts to the public through a public-private partnership. The
working group shall advise the secretary and assist in the
development of policies, procedures, and protocols that will lay the
framework for an improved warning system for the public.
(b) (1) The working group shall consist of the following
membership, to be appointed by the secretary
director :
(A) A representative of the California
Office of Emergency Management Agency
Services .
(B) A representative of the Attorney General's office.
(C) A representative of the State Department of Public Health.
(D) A representative of the State Emergency Communications
Committee.
(E) A representative of the Los Angeles County Office of Emergency
Management, at the option of that agency.
(F) A representative or representatives of local government, at
the option of the local government or governments.
(G) Representatives of the private sector who possess technology,
experience, or insight that will aid in the development of a
public-private partnership to expand an alert system to the public,
including, but not limited to, representatives of providers of mass
communication systems, first responders, and broadcasters.
(H) Additional representatives of any public or private entity as
deemed appropriate by the Secretary of Emergency Management
director .
(2) In performing its duties, the working group shall consult with
the Federal Communications Commission, and with respect to grants
and fiscal matters, the California Office of
Emergency Management Agency
Services .
(c) The working group shall consider and make recommendations with
respect to all of the following:
(1) Private and public programs, including pilot projects that
attempt to integrate a public-private partnership to expand an alert
system.
(2) Protocols, including formats, source or originator
identification, threat severity, hazard description, and response
requirements or recommendations, for alerts to be transmitted via an
alert system that ensures that alerts are capable of being utilized
across the broadest variety of communication technologies, at state
and local levels.
(3) Protocols and guidelines to prioritize assurance of the
greatest level of interoperability for first responders and families
of first responders.
(4) Procedures for verifying, initiating, modifying, and canceling
alerts transmitted via an alert system.
(5) Guidelines for the technical capabilities of an alert system.
(6) Guidelines for technical capability that provides for the
priority transmission of alerts.
(7) Guidelines for other capabilities of an alert system.
(8) Standards for equipment and technologies used by an alert
system.
(9) Cost estimates.
(10) Standards and protocols in accordance with, or in
anticipation of, Federal Communications Commission requirements and
federal statutes or regulations.
(11) Liability issues.
(d) The secretary director may
accept private monetary or in-kind donations for the purposes of this
section.
SEC. 131. Section 8596 of the Government Code is amended to read:
8596. (a) Each department, division, bureau, board, commission,
officer, and employee of this state shall render all possible
assistance to the Governor and to the Secretary
Director of Emergency Management in carrying out
the provisions of this chapter.
(b) In providing that assistance, state agencies shall cooperate
to the fullest possible extent with each other and with political
subdivisions, relief agencies, and the American National Red Cross,
but nothing contained in this chapter shall be construed to limit or
in any way affect the responsibilities of the American National Red
Cross under the federal act approved January 5, 1905 (33 Stat. 599),
as amended.
(c) Entities providing disaster-related services and assistance
shall strive to ensure that all victims receive the assistance that
they need and for which they are eligible. Public employees shall
assist evacuees and other individuals in securing disaster-related
assistance and services without eliciting any information or document
that is not strictly necessary to determine eligibility under state
and federal laws. Nothing in this subdivision shall prevent public
employees from taking reasonable steps to protect the health or
safety of evacuees and other individuals during an emergency.
(d) State personnel, equipment, and facilities may be used to
clear and dispose of debris on private property only after the
Governor finds: (1) that the use is for a state purpose; (2) that the
use is in the public interest, serving the general welfare of the
state; and (3) that the personnel, equipment, and facilities are
already in the emergency area.
SEC. 132. Section 8599 of the Government Code is amended to read:
8599. The California Office of
Emergency Management Agency
Services shall develop a plan for state and local governmental
agencies to utilize volunteer resources during a state of emergency
proclaimed by the Governor. The agency office
shall consult with appropriate state and local governmental
agencies and volunteer organizations in the development of this plan.
SEC. 133. Section 8600 of the Government Code is amended to read:
8600. The Governor with the advice of the California
Office of Emergency Management Agency
Services is hereby authorized and
empowered to divide the state into mutual aid regions for the more
effective application, administration, and coordination of mutual aid
and other emergency-related activities.
SEC. 134. Section 8607 of the Government Code is amended to read:
8607. (a) The California Office of
Emergency Management Agency
Services , in coordination with all interested state agencies
with designated response roles in the state emergency plan and
interested local emergency management agencies shall jointly
establish by regulation a standardized emergency management system
for use by all emergency response agencies. The public water systems
identified in Section 8607.2 may review and comment on these
regulations prior to adoption. This system shall be applicable, but
not limited to, those emergencies or disasters referenced in the
state emergency plan. The standardized emergency management system
shall include all of the following systems as a framework for
responding to and managing emergencies and disasters involving
multiple jurisdictions or multiple agency responses:
(1) The Incident Command Systems adapted from the systems
originally developed by the FIRESCOPE Program, including those
currently in use by state agencies.
(2) The multiagency coordination system as developed by the
FIRESCOPE Program.
(3) The mutual aid agreement, as defined in Section 8561, and
related mutual aid systems such as those used in law enforcement,
fire service, and coroners operations.
(4) The operational area concept, as defined in Section 8559.
(b) Individual agencies' roles and responsibilities agreed upon
and contained in existing laws or the state emergency plan are not
superseded by this article.
(c) The California Office of
Emergency Management Agency
Services , in coordination with the State Fire Marshal's
office, the Department of the California Highway Patrol, the
Commission on Peace Officer Standards and Training, the Emergency
Medical Services Authority, and all other interested state agencies
with designated response roles in the state emergency plan, shall
jointly develop an approved course of instruction for use in training
all emergency response personnel, consisting of the concepts and
procedures associated with the standardized emergency management
system described in subdivision (a).
(d) All state agencies shall use the standardized emergency
management system as adopted pursuant to subdivision (a), to
coordinate multiple jurisdiction or multiple agency emergency and
disaster operations.
(e) (1) Each local agency, in order to be eligible for any funding
of response-related costs under disaster assistance programs, shall
use the standardized emergency management system as adopted pursuant
to subdivision (a) to coordinate multiple jurisdiction or multiple
agency operations.
(2) Notwithstanding paragraph (1), local agencies shall be
eligible for repair, renovation, or any other nonpersonnel costs
resulting from an emergency.
(f) The California Office of
Emergency Management Agency
Services shall, in cooperation with involved state and local
agencies, complete an after-action report within 120 days after each
declared disaster. This report shall review public safety response
and disaster recovery activities and shall be made available to all
interested public safety and emergency management organizations.
SEC. 135. Section 8607.2 of the Government Code is amended to
read:
8607.2. (a) All public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000 or
more service connections shall review and revise their disaster
preparedness plans in conjunction with related agencies, including,
but not limited to, local fire departments and the
California Office of Emergency
Management Agency Services to ensure
that the plans are sufficient to address possible disaster scenarios.
These plans should examine and review pumping station and
distribution facility operations during an emergency, water pressure
at both pumping stations and hydrants, and whether there is
sufficient water reserve levels and alternative emergency power,
including, but not limited to, onsite backup generators and portable
generators.
(b) All public water systems, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code, with 10,000 or more
service connections following a declared state of emergency shall
furnish an assessment of their emergency response and recommendations
to the Legislature within six months after each disaster, as well as
implementing the recommendations in a timely manner.
(c) The California Office of
Emergency Management Agency
Services shall establish appropriate and insofar as practical,
emergency response and recovery plans, including mutual aid plans, in
coordination with public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000 or
more service connections.
SEC. 136. Section 8608 of the Government Code is amended to read:
8608. The California Office of
Emergency Management Agency
Services shall approve and adopt, and incorporate the
California Animal Response Emergency System (CARES) program developed
under the oversight of the Department of Food and Agriculture into
the standardized emergency management system established pursuant to
subdivision (a) of Section 8607.
SEC. 137. Section 8610 of the Government Code is amended to read:
8610. Counties, cities and counties, and cities may create
disaster councils by ordinance. A disaster council shall develop
plans for meeting any condition constituting a local emergency or
state of emergency, including, but not limited to, earthquakes,
natural or manmade disasters specific to that jurisdiction, or state
of war emergency; those plans shall provide for the effective
mobilization of all of the resources within the political
subdivision, both public and private. The disaster council shall
supply a copy of any plans developed pursuant to this section to the
California Office of Emergency
Management Agency Services . The governing body
of a county, city and county, or city may, in the ordinance or by
resolution adopted pursuant to the ordinance, provide for the
organization, powers and duties, divisions, services, and staff of
the emergency organization. The governing body of a county, city and
county, or city may, by ordinance or resolution, authorize public
officers, employees, and registered volunteers to command the aid of
citizens when necessary in the execution of their duties during a
state of war emergency, a state of emergency, or a local emergency.
Counties, cities and counties, and cities may enact ordinances and
resolutions and either establish rules and regulations or authorize
disaster councils to recommend to the director of the local emergency
organization rules and regulations for dealing with local
emergencies that can be adequately dealt with locally; and further
may act to carry out mutual aid on a voluntary basis and, to this
end, may enter into agreements.
SEC. 138. Section 8610.5 of the Government Code is amended to
read:
8610.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Agency" or "office" means the California
Office of Emergency Management Agency
Services .
(2) "Previous fiscal year" means the fiscal year immediately prior
to the current fiscal year.
(3) "Utility" means an "electrical corporation" as defined in
Section 218 of the Public Utilities Code, and "utilities" means more
than one electrical corporation.
(b) (1) State and local costs to carry out activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of Part 9
of Division 104 of the Health and Safety Code that are not
reimbursed by federal funds shall be borne by utilities operating
nuclear powerplants with a generating capacity of 50 megawatts or
more.
(2) The Public Utilities Commission shall develop and transmit to
the agency office an equitable method
of assessing the utilities operating the powerplants for their
reasonable pro rata share of state agency costs specified in
paragraph (1).
(3) Each local government involved shall submit a statement of its
costs specified in paragraph (1), as required, to the
agency office .
(4) Upon each utility's notification by the agency
office , from time to time, of the amount of its
share of the actual or anticipated state and local agency costs, the
utility shall pay this amount to the Controller for deposit in the
Nuclear Planning Assessment Special Account, which is continued in
existence, for allocation by the Controller, upon appropriation by
the Legislature, to carry out activities pursuant to this section and
Chapter 4 (commencing with Section 114650) of Part 9 of Division 104
of the Health and Safety Code. The Controller shall pay from this
account the state and local costs relative to carrying out this
section and Chapter 4 (commencing with Section 114650) of Part 9 of
Division 104 of the Health and Safety Code, upon certification
thereof by the agency office .
(5) Upon appropriation by the Legislature, the Controller may
disburse up to 80 percent of a fiscal year allocation from the
Nuclear Planning Assessment Special Account, in advance, for
anticipated local expenses, as certified by the agency pursuant to
paragraph (4). The agency office shall
review program expenditures related to the balance of funds in the
account and the Controller shall pay the portion, or the entire
balance, of the account, based upon those approved expenditures.
(c) (1) The total annual disbursement of state costs from the
utilities operating the nuclear powerplants within the state for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, shall not exceed the lesser of the actual costs or the maximum
funding levels established in this section, subject to subdivisions
(e) and (f), to be shared equally among the utilities.
(2) Of the annual amount of two million forty-seven thousand
dollars ($2,047,000) for the 2009-10 fiscal year, the sum of one
million ninety-four thousand dollars ($1,094,000) shall be for
support of the agency office for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, and the sum of nine hundred fifty-three thousand dollars
($953,000) shall be for support of the State Department of Public
Health for activities pursuant to this section and Chapter 4
(commencing with Section 114650) of Part 9 of Division 104 of the
Health and Safety Code.
(d) (1) The total annual disbursement for each fiscal year,
commencing July 1, 2009, of local costs from the utilities shall not
exceed the lesser of the actual costs or the maximum funding levels
established in this section, in support of activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of Part 9
of Division 104 of the Health and Safety Code. The maximum annual
amount available for disbursement for local costs, subject to
subdivisions (e) and (f), shall, for the fiscal year beginning July
1, 2009, be one million seven hundred thirty-two thousand dollars
($1,732,000) for the Diablo Canyon site and one million six hundred
thousand dollars ($1,600,000) for the San Onofre site.
(2) The amounts paid by the utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities Commission.
(e) (1) Except as provided in paragraph (2), the amounts available
for disbursement for state and local costs as specified in this
section shall be adjusted and compounded each fiscal year by the
percentage increase in the California Consumer Price Index of the
previous fiscal year.
(2) For the Diablo Canyon site, the amounts available for
disbursement for state and local costs as specified in this section
shall be adjusted and compounded each fiscal year by the larger of
the percentage change in the prevailing wage for San Luis Obispo
County employees, not to exceed 5 percent, or the percentage increase
in the California Consumer Price Index from the previous fiscal
year.
(f) Through the inoperative date specified in subdivision (g), the
amounts available for disbursement for state and local costs as
specified in this section shall be cumulative biennially. Any
unexpended funds from a year shall be carried over for one year. The
funds carried over from the previous year may be expended when the
current year's funding cap is exceeded.
(g) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
which becomes effective on or before July 1, 2019, deletes or extends
the dates on which it becomes inoperative and is repealed.
(h) Upon inoperation of this section, any amounts remaining in the
special account shall be refunded pro rata to the utilities
contributing thereto, to be credited to the utility's ratepayers.
SEC. 139. Section 8612 of the Government Code is amended to read:
8612. Any disaster council that both agrees to follow the rules
and regulations established by the California
Office of Emergency Management Agency
Services pursuant to Section 8585.5 and
substantially complies with those rules and regulations shall be
certified by the agency office . Upon
that certification, and not before, the disaster council becomes an
accredited disaster council.
SEC. 140. Section 8613 of the Government Code is amended to read:
8613. Should an accredited disaster council fail to comply with
the rules and regulations of the California
Office of Emergency Management Agency
Services in any material degree, the agency
office may revoke its certification and, upon
the act of revocation, the disaster council shall lose its accredited
status. It may again become an accredited disaster council in the
same manner as is provided for a disaster council that has not
previously been accredited.
SEC. 141. Section 8614 of the Government Code is amended to read:
8614. (a) Each department, division, bureau, board, commission,
officer, and employee of each political subdivision of the state
shall render all possible assistance to the Governor and to the
Secretary Director of Emergency
Management Services in
carrying out the provisions of this chapter.
(b) The emergency power that may be vested in a local public
official during a state of war emergency or a state of emergency
shall be subject or subordinate to the powers vested in the Governor
under this chapter when exercised by the Governor.
(c) Ordinances, orders, and regulations of a political subdivision
shall continue in effect during a state of war emergency or a state
of emergency , except as to any provision suspended or
superseded by an order or regulation issued by the Governor.
SEC. 142. Section 8649 of the Government Code is amended to read:
8649. Subject to the approval of the Department of Finance, any
state agency may use its personnel, property, equipment, and
appropriations for carrying out the purposes of this chapter, and in
that connection may loan personnel to the California
Office of Emergency Management Agency
Services . The Department of Finance
shall determine whether reimbursement shall be made to any state
agency for expenditures heretofore or hereafter made or incurred for
those purposes from any appropriation available for the
California
Office of Emergency Management Agency
Services , except that as to any expenditure
made or incurred by any state agency the funds of which are subject
to constitutional restriction that would prohibit their use for those
purposes, that reimbursement shall be provided and the original
expenditure shall be considered a temporary loan to the General Fund.
SEC. 143. Section 8651 of the Government Code is amended to read:
8651. The Secretary Director of
Emergency Management Services
may procure from the federal government or any of its agencies
such surplus equipment, apparatus, supplies, and storage facilities
therefor as may be necessary to accomplish the purposes of this
chapter.
SEC. 144. Section 8657 of the Government Code is amended to read:
8657. (a) Volunteers duly enrolled or registered with the
California Office of Emergency
Management Agency Services or any
disaster council of any political subdivision, or unregistered
persons duly impressed into service during a state of war emergency,
a state of emergency, or a local emergency, in carrying out,
complying with, or attempting to comply with, any order or regulation
issued or promulgated pursuant to the provisions of this chapter or
any local ordinance, or performing any of their authorized functions
or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for
their actions and enjoy the same immunities as officers and
employees of the state and its political subdivisions performing
similar work for their respective entities.
(b) No political subdivision or other public agency under any
circumstances, nor the officers, employees, agents, or duly enrolled
or registered volunteers thereof, or unregistered persons duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency, acting within the scope of their
official duties under this chapter or any local ordinance shall be
liable for personal injury or property damage sustained by any duly
enrolled or registered volunteer engaged in or training for emergency
preparedness or relief activity, or by any unregistered person duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency and engaged in such service. The
foregoing shall not affect the right of any such person to receive
benefits or compensation which may be specifically provided by the
provisions of any federal or state statute nor shall it affect the
right of any person to recover under the terms of any policy of
insurance.
(c) The California Earthquake Prediction Evaluation Council, an
advisory committee established pursuant to Section 8590 of this
chapter, may advise the Governor of the existence of an earthquake or
volcanic prediction having scientific validity. In its review,
hearings, deliberations, or other validation procedures, members of
the council, jointly and severally, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its political subdivisions
engaged in similar work in their respective entities. Any person
making a presentation to the council as part of the council's
validation process, including presentation of a prediction for
validation, shall be deemed a member of the council until the council
has found the prediction to have or not have scientific validity.
SEC. 145. Section 8657.5 of the Government Code is amended to
read:
8657.5. (a) (1) A private business included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation donates services, goods,
labor, equipment, resources, or dispensaries or other facilities, in
compliance with Section 8588.2, during a declared state of war, state
of emergency, or state of local emergency shall not be civilly
liable for a death, injury, illness, or other damage to a person or
property caused by the private business's donation of services,
goods, labor, equipment, resources, or dispensaries or other
facilities.
(2) A private business included on the statewide registry that
voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the
California Office of Emergency
Management Agency Services and a
city, a county, or a city and county shall not be civilly liable for
damages alleged to have resulted from those training programs, as
described in Section 1799.100 of the Health and Safety Code.
(b) (1) A nonprofit organization included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation from victims of emergencies
and disasters donates services, goods, labor, equipment, resources,
or dispensaries or other facilities, in compliance with Section
8588.2, during a declared state of war, state of emergency, or state
of local emergency shall not be civilly liable for a death, injury,
illness, or other damage to a person or property caused by the
nonprofit organization's donation of services, goods, labor,
equipment, resources, or dispensaries or other facilities.
(2) A nonprofit organization included on the statewide registry
that voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the
California Office of Emergency
Management Agency Services and a
city, a county, or a city and county, shall not be civilly liable for
damages alleged to have resulted from those training programs, as
described in Section 1799.100 of the Health and Safety Code.
(c) A private business or nonprofit organization that
discriminates against a victim of an emergency or disaster based on a
protected classification under federal or state law shall not be
entitled to the protections in subdivision (a) or (b).
(d) This section shall not relieve a private business or nonprofit
organization from liability caused by its grossly negligent act or
omission, or willful or wanton misconduct.
SEC. 146. Section 8670.20 of the Government Code is amended to
read:
8670.20. (a) For the purposes of this section, "vessel" means a
vessel, as defined in Section 21 of the Harbors and Navigation Code,
of 300 gross registered tons or more.
(b) Any party responsible for a vessel shall notify the Coast
Guard within one hour of a disability if the disabled vessel is
within 12 miles of the shore of this state. The administrator and the
California Office of Emergency
Management Agency Services
shall request the Coast Guard to notify the California
Office of Emergency Management Agency
Services as soon as possible after
the Coast Guard receives notice of a disabled vessel within 12 miles
of the shore of this state. The administrator shall attempt to
negotiate an agreement with the Coast Guard governing procedures for
Coast Guard notification to the state regarding disabled vessels.
(c) Whenever the California Office of
Emergency Management Agency
Services receives notice of a disabled vessel, the office shall
immediately notify the administrator. If the administrator receives
notice from any other source regarding the presence of a disabled
vessel within 12 miles of the shore of this state, the administrator
shall immediately notify the California
Office of Emergency Management Agency
Services .
(d) For the purposes of this section, a vessel shall be considered
disabled if any of the following occurs:
(1) Any accidental or intentional grounding that creates a hazard
to the environment or the safety of the vessel.
(2) Loss of main propulsion or primary steering or any component
or control system that causes a reduction in the maneuvering
capabilities of the vessel. For the purposes of this paragraph, "loss"
means that any system, component, part, subsystem, or control system
does not perform the specified or required function.
(3) An occurrence materially and adversely affecting the vessel's
seaworthiness or fitness for service, including, but not limited to,
fire, flooding, or collision with another vessel.
(4) Any occurrence not meeting the above criteria, but that
creates the serious possibility of an oil spill or an occurrence that
may result in an oil spill.
(e) For the purposes of this section, a tank barge shall be
considered disabled if any of the following occur:
(1) The towing mechanism becomes disabled.
(2) The tugboat towing the tank barge becomes disabled through
occurrences specified in subdivision (d).
SEC. 147. Section 8670.25.5 of the Government Code is amended to
read:
8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the
California Office of Emergency
Management Agency Services pursuant
to Section 25507 of the Health and Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters shall report the updated
information immediately to the California
Office of Emergency Management Agency
Services pursuant to paragraph (1). The report shall contain
the accurate or complete information, or the revised quantity of oil
discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the California Office of
Emergency Management Agency
Services shall notify the administrator, the State Lands
Commission, the California Coastal Commission, the California
regional water quality control board having jurisdiction over the
location of the discharged oil, and the appropriate local
governmental agencies in the area surrounding the discharged oil, and
take the actions required by subdivision (d) of Section 8589.7. If
the spill has occurred within the jurisdiction of the San Francisco
Bay Conservation and Development Commission, the California
Office of Emergency Management Agency
Services shall notify that
commission. Each public agency specified in this subdivision shall
adopt an internal protocol over communications regarding the
discharge of oil and file the internal protocol with the
California Office of Emergency
Management Agency Services .
(c) The 24-hour emergency telephone number of the
California Office of Emergency
Management Agency Services shall be
posted at every terminal, at the area of control of every marine
facility, and on the bridge of every tankship in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
SEC. 148. Section 8670.26 of the Government Code is amended to
read:
8670.26. Any local or state agency responding to a spill of oil
shall notify the California Office of
Emergency Management Agency
Services , if notification as required under Section 8670.25.5,
Section 13272 of the Water Code, or any other notification procedure
adopted in the California oil spill contingency plan has not
occurred.
SEC. 149. Section 8670.64 of the Government Code is amended to
read:
8670.64. (a) A person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in a county jail
for not more than one year or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code:
(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.
(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which enters marine waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters, or a person who reasonably should have known that
he or she was engaging in or causing the discharge or spill of oil
into marine waters, unless the discharge is authorized by the United
States, the state, or another agency with appropriate jurisdiction.
(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision, each
day or partial day that a violation occurs is a separate violation.
(c) (1) A person who knowingly does any of the acts specified in
paragraph (2) shall, upon conviction, be punished by a fine of not
less than two thousand five hundred dollars ($2,500) or more than two
hundred fifty thousand dollars ($250,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment. Each day or partial day that a violation occurs is a
separate violation. If the conviction is for a second or subsequent
violation of this subdivision, the person shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or in a county jail for not more than one year, or by a fine
of not less than five thousand dollars ($5,000) or more than five
hundred thousand dollars ($500,000), or by both that fine and
imprisonment:
(2) The acts subject to this subdivision are all of the following:
(A) Failing to notify the California
Office of Emergency Management Agency
Services in violation of Section 8670.25.5.
(B) Knowingly making a false or misleading marine oil spill report
to the California Office of Emergency
Management Agency Services .
(C) Continuing operations for which an oil spill contingency plan
is required without an oil spill contingency plan approved pursuant
to Article 5 (commencing with Section 8670.28).
(D) Except as provided in Section 8670.27, knowingly failing to
follow the material provisions of an applicable oil spill contingency
plan.
SEC. 150. Section 8682 of the Government Code is amended to read:
8682. The secretary director shall
administer this chapter. The secretary
director may delegate any power or duty vested in him or her
under this chapter to a state agency or to any other officer or
employee of the California Office of
Emergency Management Agency Services .
SEC. 151. Section 8682.9 of the Government Code is amended to
read:
8682.9. The secretary director
shall adopt regulations, as necessary, to govern the administration
of the disaster assistance program authorized by this chapter in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3). These
regulations shall include specific project eligibility requirements,
a procedure for local governments to request the implementation of
programs under this chapter, and a method for evaluating these
requests by the California Office of
Emergency Management Agency Services .
SEC. 152. Section 8685 of the Government Code is amended to read:
8685. From any moneys appropriated for that purpose, and subject
to the conditions specified in this article, the secretary
director shall allocate funds to meet the cost
of any one or more projects as defined in Section 8680.4.
Applications by school districts shall be submitted to the
Superintendent of Public Instruction for review and approval, in
accordance with instructions or regulations developed by the
California Office of Emergency
Management Agency Services , prior to the
allocation of funds by the secretary director
.
Moneys appropriated for the purposes of this chapter may be used
to provide financial assistance for the following local agency and
state costs:
(a) Local agency personnel costs, equipment costs, and the cost of
supplies and materials used during disaster response activities,
incurred as a result of a state of emergency proclaimed by the
Governor, excluding the normal hourly wage costs of employees engaged
in emergency work activities.
(b) To repair, restore, reconstruct, or replace facilities
belonging to local agencies damaged as a result of disasters as
defined in Section 8680.3. Mitigation measures performed pursuant to
subdivision (b) of Section 8686.4 shall qualify for funding pursuant
to this chapter.
(c) Matching fund assistance for cost sharing required under
federal disaster assistance programs, as otherwise eligible under
this act.
(d) Indirect administrative costs and any other assistance deemed
necessary by the director.
(e) Necessary and required site preparation costs for mobilehomes,
travel trailers, and other manufactured housing units provided and
operated by the Federal Emergency Management Agency.
SEC. 153. Section 8687.7 of the Government Code is amended to
read:
8687.7. (a) As used in this section, the following terms have the
following meanings:
(1) "Agency" or "office" means the California
Office of Emergency Management Agency
Services .
(2) "Community" means a geographic area impacted by an emergency
proclaimed by the Governor that includes the jurisdiction of one or
more local agencies.
(3) "Community recovery partners" means local, state, and federal
agencies, private nonprofit organizations, nongovernmental agencies,
faith-based organizations, and other private entities.
(b) The agency office may establish
a model process that would be made available to assist a community in
recovering from an emergency proclaimed by the Governor. The model
process may include the following:
(1) The role of the agency office in
the community recovery process.
(2) Procedures for the agency office
to have representation onsite as soon as practicable after the
Governor proclaims a state of emergency.
(3) The role of the agency office to
facilitate the use of temporary services, including, but not limited
to, direct assistance to individuals, families, and businesses,
crisis counseling, disaster unemployment assistance, food and
clothing vouchers, communications systems, replacement of personal
identification documents, provision of potable water, housing, farm
service assistance, tax relief, insurance, and legal services.
(4) The role of the agency office to
facilitate the establishment of temporary structures, including
local assistance centers, showers and bathroom facilities, and
temporary administrative offices.
(5) Measures to encourage the participation of nongovernmental
organizations in the community recovery process to supplement
recovery activities undertaken by federal or local agencies.
(6) The agency office may refer the
model process to the standardized Emergency Management System (SEMS)
Advisory Board, or any other advisory board it deems appropriate, for
review and modifications.
(7) It is the intent of the Legislature that the model process
assists and complements local procedures. The model process should
allow the agency office to offer
additional assistance when that assistance is needed but not
available through local agencies.
SEC. 154. Section 8692 of the Government Code is amended to read:
8692. (a) If a state of emergency is proclaimed, an eligible
private nonprofit organization may receive state assistance for
distribution of supplies and other disaster or emergency assistance
activities resulting in extraordinary cost.
(b) A private nonprofit organization is eligible for assistance
under this section if it is eligible for disaster assistance under
the federal Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. Sec. 5121).
(c) An organization is not eligible for assistance under this
section if it employs religious content in the provision of emergency
assistance.
(d) Any grant of assistance under this section shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to the funding
of religious organizations and activities. These legal constraints
include prohibitions on the discrimination against beneficiaries and
staff based on protected categories, on the use of public funds for
proselytizing of religious doctrine, religious instruction, or
worship, and on the use of other religious means to accomplish
programmatic goals.
(e) The California Office of
Emergency Management Agency Services
shall adopt regulations to implement this section.
SEC. 155. Section 8840 of the Government Code is amended to read:
8840. For purposes of this article, "eligible radio station"
means a radio station that, at the time of applying for a grant under
this article, meets both of the following requirements:
(a) It has met all of the following requirements for a period of
two years unless another time is specified:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational station, or is operating under program test
authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides significant locally originated programming in its
community of license.
(5) It broadcasts not less than 15 hours per day, 365 days per
year.
(6) It participates in statewide public broadcasting projects.
(7) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(8) It does either of the following:
(A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect on
June 30, 1995.
(B) Two months prior to applying for a grant, the station has a
full-time staff of at least one professional paid not less than the
California minimum wage, and is certified by the council as providing
a needed service to its community of license.
(b) It enters into a permanent agreement with the
California Office of Emergency
Management Agency Services to
dedicate, as necessary, a broadcast channel for the provision of
emergency information, to broadcast that information, and to ensure
that it is presented in a format that makes it accessible to the
deaf, hearing-impaired, and non-English-speaking populations
throughout its broadcast area, including rural and isolated
populations.
SEC. 156. Section 8841 of the Government Code is amended to read:
8841. For purposes of this article, "eligible television station"
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of
the following requirements:
(a) It has met all of the following requirements for a period of
two years:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational television station, or is operating under
program test authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides substantial and significant locally originated
programming in its community of license.
(5) It broadcasts not less than 2,500 hours per year.
(6) It participates in statewide public broadcasting projects.
(7) It meets the criteria for receipt of a Community Service Grant
or base grant from the Corporation for Public Broadcasting that were
in effect on June 30, 1994.
(8) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(b) It enters into a permanent agreement with the
California Office of Emergency
Management Agency Services to
dedicate, as necessary, a broadcast channel for the provision of
emergency information, to broadcast that information, and to ensure
that it is presented in a format that makes it accessible to the
deaf, hearing-impaired, and non-English-speaking populations
throughout its broadcast area, including rural and isolated
populations.
(c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.
SEC. 157. Section 8844 of the Government Code is amended to read:
8844. (a) Recognizing the necessity of converting California
stations to the technologies of digital broadcasting, the Legislature
intends that funds may be appropriated to the California
Office of Emergency Management Agency
Services for the purchase of
equipment by eligible stations, the installation of that equipment,
or purchase of other materials related to that equipment, pursuant to
this article.
(b) The agency office shall solicit
applications for grant funds from eligible stations throughout the
state, and shall allocate funds appropriated pursuant to subdivision
(a) as follows:
(1) Seventy-five percent of any equipment purchase funds
appropriated pursuant to subdivision (a) shall be placed in an
equipment grant pool for eligible television stations, and 25 percent
shall be placed in an equipment grant pool for eligible radio
stations.
(2) Fifty percent of the funds in each grant pool shall be divided
equally among the stations in that grant pool.
(3) The remaining 50 percent of the funds in each grant pool shall
be divided among stations in that grant pool in proportion to their
nonfederal financial support.
(c) (1) Funds provided under this section shall be granted on a
matching basis, with each station required to raise from other
sources an amount equal to the funds provided to it under this
section.
(2) If any funds remain in either grant pool because of the
limitations set forth in paragraph (1), the remaining funds shall be
returned to the same pool for distribution to other stations that
have raised the required matching funds, in amounts proportionate to
the nonfederal financial support of those stations.
SEC. 158. Section 8870.1 of the Government Code is amended to
read:
8870.1. (a) (1) There is created in the state government the
Alfred E. Alquist Seismic Safety Commission as an independent unit
within the State Business and Consumer
Services Agency.
(2) Any reference in statute or regulation to the Seismic Safety
Commission shall be deemed to refer to the Alfred E. Alquist Seismic
Safety Commission.
(b) The commission shall report annually to the Governor and to
the Legislature on its findings, progress, and recommendations
relating to earthquake hazard reduction, and any other seismic safety
issues, as requested by the Governor or the Legislature.
SEC. 159. Section 8870.2 of the Government Code is amended to
read:
8870.2. (a) The Alfred E. Alquist Seismic Safety Commission shall
consist of 15 members appointed by the Governor and confirmed by the
Senate, one member representing the California
Office of Emergency Management Agency
Services , one member representing the Division
of the State Architect in the Department of General Services, one
member representing the California State Building Standards
Commission, one member appointed by the Senate Committee on
Rules Committee , and one member appointed
by the Speaker of the Assembly. The commission shall elect annually
from its membership its own chairperson and vice chairperson and may
replace them with other commissioners by majority vote. Commission
members shall be residents of California.
(b) A quorum shall consist of 11 members if there are no
vacancies, or else a majority of the members of the commission at the
time.
(c) The Legislature declares that the individuals appointed to the
commission are intended to represent the professions of
architecture, planning, fire protection, public utilities, structural
engineering, geotechnical engineering, geology, seismology, local
government, insurance, social services, emergency services, and the
Legislature and that such representation serves the public interest.
Accordingly, the Legislature finds that for purposes of persons who
hold this office the specified professions are tantamount to and
constitute the public generally within the meaning of Section 87103.
(d) The commission exists as a separate unit within the
State Business and Consumer Services Agency, and
has the functions of prescribing policy, holding meetings and
setting dates of the meetings, conducting investigations, and holding
hearings insofar as those powers are given by statute to the
commission.
(e) The decisions and actions of the commission, with respect to
exercising its authority and carrying out its duties under this
chapter, or any other applicable law, are not subject to review by
the Secretary of the State Business and
Consumer Services Agency, but are final within the limits provided
by this chapter.
(f) The Legislature further declares that the highest level of
service that the individuals appointed to the commission can provide
to the residents of California is to offer professional, unbiased,
scientifically based advice to the Governor and the Legislature. To
maintain this quality of service, it is imperative that the
commission retain its functional autonomy and access to the Governor
and the Legislature. As such, the commission shall retain its
existing authority to issue reports, publications, and literature, as
well as to sponsor legislation, and to take official positions on
proposed state and federal legislation.
SEC. 160. Section 8870.4 of the Government Code is amended to
read:
8870.4. (a) Except as provided in subdivision (d), the members of
the Alfred E. Alquist Seismic Safety Commission shall serve without
compensation , but shall be paid per diem expenses of one
hundred dollars ($100) for each day's attendance at a meeting of the
commission, plus actual necessary travel expenses as determined by
Department of Personnel Administration Human
Resources rules.
(b) The members of the commission who represent the
California Office of Emergency
Management Agency Services , the
California Building Standards Commission, and the Division of the
State Architect shall be employees in good standing of those
respective entities. Any per diem and travel expenses of those
members of the commission shall be paid by the agencies that they
represent on the commission, in compliance with applicable conditions
or regulations set by the Department of Personnel
Administration Human Resources .
SEC. 161. Section 8870.7 of the Government Code is amended to
read:
8870.7. The commission is responsible for all of the following in
connection with earthquake hazard mitigation:
(a) Setting goals and priorities in the public and private
sectors.
(b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.
(c) Scheduling a report on disaster mitigation issues from the
California Office of Emergency
Management Agency Services , on the
commission agenda as required. For the purposes of this subdivision,
the term disaster refers to all natural hazards which could have an
impact on public safety.
(d) Recommending program changes to state agencies, local
agencies, and the private sector where such changes would improve
earthquake hazards and reduction.
(e) Reviewing the recovery and reconstruction efforts after
damaging earthquakes.
(f) Gathering, analyzing, and disseminating information.
(g) Encouraging research.
(h) Sponsoring training to help improve the competence of
specialized enforcement and other technical personnel.
(i) Helping to coordinate the earthquake safety activities of
government at all levels.
(j) Establishing and maintaining necessary working relationships
with any boards, commissions, departments, and agencies, or other
public or private organizations.
SEC. 162. Section 8870.71 of the Government Code is amended to
read:
8870.71. To implement the foregoing responsibilities, the
commission may do any of the following:
(a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake-related
activities and to advise the Governor and Legislature thereon.
(b) Review legislative proposals related to earthquake safety to
advise the Governor and the Legislature concerning the proposals and
to propose needed legislation.
(c) Recommend the addition, deletion, or changing of state agency
standards when, in the commission's view, the existing situation
creates undue hazards or when new developments would promote
earthquake hazard mitigation, and conduct public hearings as deemed
necessary on the subjects.
(d) In the conduct of any hearing, investigation, inquiry, or
study that is ordered or undertaken in any part of the state,
administer oaths and issue subpoenas for the attendance of witnesses
and the production of papers, records, reports, books, maps,
accounts, documents, and testimony.
(e) In addition, the commission may perform any of the functions
contained in subdivisions (a) to (d), inclusive, in relation to
disasters, as defined in subdivision (c) of Section 8870.7, in
connection with issues or items reported or discussed with the
California Office of Emergency
Management Agency Services at any commission
meeting.
SEC. 163. Section 8871.3 of the Government Code is amended to
read:
8871.3. (a) The California Emergency Management Agency
office shall establish an interim state
operations center in southern California to coordinate response to a
major earthquake. The agency office
shall also develop an operational communications plan for the center
based upon an inventory of current communications capabilities and an
assessment of structural vulnerabilities.
(b) The California Emergency Management Agency
office shall undertake a design analysis
regarding construction of a permanent state operations center in
southern California, including an evaluation of telecommunications
and information technology systems for emergency management
functions.
(c) All appropriations for the purposes of subdivision (a) or (b)
shall be reviewed by the Department of Finance prior to obligation of
funds.
SEC. 164. Section 8871.4 of the Government Code is amended to
read:
8871.4. The commission shall prepare the California Earthquake
Hazard Reduction Program, in consultation with the
California Office of Emergency
Management Agency Services , the Division of
Mines and Geology in the Department of Conservation, the Office of
the State Architect, the Emergency Medical Services Authority, the
University of California and other appropriate institutions of higher
learning, the California National Guard, the Department of Finance,
other appropriate state and local agencies, the private sector,
volunteer groups, and the Legislature.
The commission may hold public hearings or joint hearings with
other groups and conduct other activities as necessary for the
development of the program.
SEC. 165. Section 8876.7 of the Government Code is amended to
read:
8876.7. In carrying out its responsibilities under this chapter,
the Seismic Safety Commission, in close consultation with the
Business, Transportation and Housing
Agency, the California Office of
Emergency Management Agency Services
, and the State Business and
Consumers Consumer Services Agency, may
do the following:
(a) Monitor the work of the center on behalf of the state.
(b) Produce and deliver for each year that the center is in
operation, an independent evaluation of the work conducted at the
center as it pertains to the objectives of the center and reducing
earthquake losses and earthquake risk in the state recognizing that
as a national center it will undertake basic research of national and
international consequence as well. The report shall include the
following tasks:
(1) Interpret the results of research to indicate how the research
may affect state law and policy.
(2) Recommend ways to promote the application of research.
(3) Recommend priorities that would contribute to achieving the
center's objectives, provide direct benefits to California residents
and businesses, and lead to the completion of specific
recommendations in the state's earthquake risk reduction program.
SEC. 166. Section 8878.52 of the Government Code is amended to
read:
8878.52. As used in this chapter, the following terms have the
following meanings:
(a) "Agency" or "office" means the California
Office of Emergency Management Agency
Services .
(b) "Committee" means the Earthquake Safety and Public Buildings
Rehabilitation Finance Committee created pursuant to subdivision (a)
of Section 8878.111.
(c) "Commission" means the Seismic Safety Commission.
(d) "Fund" means the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 created pursuant to Section 8878.55.
(e) "Local government" means any city, county, city and county, or
special district.
(f) "Project" means a program of work to retrofit, reconstruct,
repair, replace, or relocate, for local government-owned facilities
only, a building, facility, or both, which is owned by any city,
county, city and county, or special district and which is included in
an application for a grant of funds.
(g) "State Architect" means the Office of the State Architect.
(h) "State building or facility" means any building or structure
owned by a state agency, which is identified pursuant to Section
8878.60, except for vehicular bridges, roadways, highways, or any
facilities or buildings owned by the University of California or the
California State University.
(i) "Local government building or facility" means an existing
essential services building, as defined in Section 16007 of the
Health and Safety Code, or an emergency or public safety local
building as identified in Section 8878.99, which is owned by a city,
county, city and county, or special district.
(j) State or local government buildings shall not include those
owned by private for-profit or private nonprofit corporations, or
those owned by any combination, consortium, or joint powers agreement
that includes a private nonprofit corporation.
(k) "Retrofit" means to either strengthen the structure of a
building or facility, or to provide the means necessary to reduce the
seismic force level experienced by a building or facility during an
earthquake, so as to significantly reduce hazards to life and safety
while concomitantly providing for the substantially safe egress of
occupants during and immediately after such an earthquake.
SEC. 167. Section 8879.23 of the Government Code is amended to
read:
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department's assessment of a program that best
meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2), a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1). All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
provides mobility improvements in highly traveled or highly congested
corridors in all regions of California; and targets bond proceeds in
a manner that provides the increment of funding necessary, when
combined with other state, local, or federal funds, to provide the
mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Business, Transportation
and Housing and the Secretary for Environmental
Protection. No moneys shall be allocated from this fund until the
report is submitted to the commission for its consideration, provided
the report is submitted no later than January 1, 2007. The
commission shall also consult trade infrastructure and goods movement
plans adopted by regional transportation planning agencies, adopted
regional transportation plans required by state and federal law, and
the statewide port master plan prepared by the California Marine and
Intermodal Transportation System Advisory Council (Cal-MITSAC)
pursuant to Section 1760 of the Harbors and Navigation Code, when
determining eligible projects for funding. Eligible projects for
these funds include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal, or private sources. The
commission shall determine the appropriate amount of supplemental
funding each project should have to be eligible for moneys from this
fund based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Except for border
access improvements described in clause (v) of subparagraph (A),
improvements funded with moneys from this fund shall have
supplemental funding that is at least equal to the amount of the
contribution from the fund. The commission may give priority for
funding to projects with higher levels of committed supplemental
funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports,
seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the California
Office of Emergency Management Agency
Services to be allocated, as grants, for port,
harbor, and ferry terminal security improvements. Eligible applicants
shall be publicly owned ports, harbors, and ferryboat and ferry
terminal operators, which may submit applications for projects that
include, but are not limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
or rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125,000,000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar-for-dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar-for-dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations, and the effective capacity of local streets and roads.
(l) (1) Two billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, which is hereby created in the fund.
The proceeds of bonds deposited into that account shall be available,
upon appropriation by the Legislature, for the purposes specified in
this subdivision to the Controller for administration and allocation
in the fiscal year in which the bonds are issued and sold, including
any interest or other return earned on the investment of those
moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400,000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this subdivision to
cities and a city and county, the Controller shall use the most
recent population estimates prepared by the Demographic Research Unit
of the Department of Finance. For a city that incorporated after
January 1, 1998, that does not appear on the most recent population
estimates prepared by the Demographic Research Unit, the Controller
shall use the population determined for that city under Section
11005.3 of the Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision, including any interest or other return earned on
the investment of those funds, shall be used for improvements to
transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or
increasing traffic safety that may include, but not be limited to,
street and highway pavement maintenance, rehabilitation,
installation, construction, and reconstruction of necessary
associated facilities such as drainage and traffic control devices,
or the maintenance, rehabilitation, installation, construction, and
reconstruction of facilities that expand ridership on transit
systems, safety projects to reduce fatalities, or as a local match to
obtain state or federal transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city's or county's
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld or
returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures
are in compliance.
SEC. 168. Section 8879.50 of the Government Code is amended to
read:
8879.50. (a) As used in this chapter and in Chapter 12.49
(commencing with Section 8879.20), the following terms have the
following meanings:
(1) "Commission" means the California Transportation Commission.
(2) "Department" means the Department of Transportation.
(3) "Administrative agency" means the state agency responsible for
programming bond funds made available by Chapter 12.49 (commencing
with Section 8879.20), as specified in subdivision (c).
(4) Unless otherwise specified in this chapter, "project" includes
equipment purchase, construction, right-of-way acquisition, and
project delivery costs.
(5) "Recipient agency" means the recipient of bond funds made
available by Chapter 12.49 (commencing with Section 8879.20) that is
responsible for implementation of an approved project.
(6) "Fund" shall have the same meaning as in subdivision (c) of
Section 8879.20.
(b) Administrative costs, including audit and program oversight
costs for agencies, commissions, or departments administering
programs funded pursuant to this chapter, recoverable by bond funds
shall not exceed 3 percent of the program's cost.
(c) The administrative agency for each bond account is as follows:
(1) The commission is the administrative agency for the Corridor
Mobility Improvement Account; the Trade Corridors Improvement Fund;
the Transportation Facilities Account; the State Route 99 Account;
the State-Local Partnership Program Account; the Local Bridge Seismic
Retrofit Account; the Highway-Railroad Crossing Safety Account; and
the Highway Safety, Rehabilitation, and Preservation Account.
(2) The California Office of
Emergency Management Agency Services is
the administrative agency for the Port and Maritime Security Account
and the Transit System Safety, Security, and Disaster Response
Account.
(3) The department is the administrative agency for the Public
Transportation Modernization, Improvement, and Service Enhancement
Account.
(d) The administrative agency shall not approve project fund
allocations for a project until the recipient agency provides a
project funding plan that demonstrates that the funds are expected to
be reasonably available and sufficient to complete the project. The
administrative agency may approve funding for usable project segments
only if the benefits associated with each individual segment are
sufficient to meet the objectives of the program from which the
individual segment is funded.
(e) Guidelines adopted by the administrative agency pursuant to
this chapter and Chapter 12.49 (commencing with Section 8879.20) are
intended to provide internal guidance for the agency and shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3), and shall do all of
the following:
(1) Provide for the audit of project expenditures and outcomes.
(2) Require that the useful life of the project be identified as
part of the project nomination process.
(3) Require that project nominations have project delivery
milestones, including, but not limited to, start and completion dates
for environmental clearance, land acquisition, design, construction
bid award, construction completion, and project closeout, as
applicable.
(f) (1) As a condition for allocation of funds to a specific
project under Chapter 12.49 (commencing with Section 8879.20), the
administrative agency shall require the recipient agency to report,
on a semiannual basis, on the activities and progress made toward
implementation of the project. If it is anticipated that project
costs will exceed the approved project budget, the recipient agency
shall provide a plan to the administrative agency for achieving the
benefits of the project by either downscoping the project to remain
within budget or by identifying an alternative funding source to meet
the cost increase. The administrative agency may either approve the
corrective plan or direct the recipient agency to modify its plan.
(2) Within six months of the project becoming operable, the
recipient agency shall provide a report to the administrative agency
on the final costs of the project as compared to the approved project
budget, the project duration as compared to the original project
schedule as of the date of allocation, and performance outcomes
derived from the project compared to those described in the original
application for funding. The administrative agency shall forward the
report to the Department of Finance by means approved by the
Department of Finance.
SEC. 169. Section 8879.53 of the Government Code is amended to
read:
8879.53. (a) Funds for the program contained in paragraph (3) of
subdivision (c) of Section 8879.23 shall be deposited in the Port and
Maritime Security Account, which is hereby created in the fund. For
purposes of this section, "agency" or "office "
means the California Office of
Emergency Management Agency Services .
(b) Funds in the account shall be available to the agency
office , upon appropriation by the Legislature.
Funds shall be made available as grants to eligible applicants, as
defined in paragraph (3) of subdivision (c) of Section 8879.23, for
capital projects that include, but are not limited to, those projects
described in paragraph (3) of subdivision (c) of Section 8879.23.
(c) Prior to allocating funds to projects from the account, the
agency office shall adopt guidelines to
establish the criteria and process for the distribution of funds. At
least 30 days prior to adopting the guidelines, the agency
office shall hold a public hearing on the
proposed guidelines and shall provide opportunity for public review
and comment.
(d) In allocating funds from the account, the agency
office shall do the following:
(1) Address the state's most urgent maritime security needs.
(2) Balance the demands of the various large and small ports.
(3) Provide reasonable geographic balance in the distribution of
funds.
(e) The unencumbered balance of any funds appropriated to the
agency office prior to June 30, 2009,
for purposes of this section, shall remain available to the
agency office for encumbrance pursuant to this
section until June 30, 2012.
(f) The agency's office's activities
to implement this section shall be incorporated into the report to
the Legislature required in paragraph (3) of subdivision (c) of
Section 8879.23.
SEC. 170. Section 8879.57 of the Government Code is amended to
read:
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds using the formula in Sections
99313 and 99314 of the Public Utilities Code, including commuter rail
operators eligible to receive State Transit Assistance funds. Of
these funds, 50 percent shall be allocated to eligible agencies using
the formula in Section 99314 of the Public Utilities Code, and 50
percent shall be allocated to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections. Funds allocated to
the Metropolitan Transportation Commission using the formula in
Section 99313 of the Public Utilities Code shall be suballocated to
transit operators within its jurisdiction using the formula in
Section 99314 of the Public Utilities Code. In the region served by
the multicounty transportation planning agency described in Section
130004 of the Public Utilities Code, funds that are to be allocated
using the formula in Section 99314 of the Public Utilities Code for
the Southern California Regional Rail Authority shall be allocated to
the applicable county transportation commission in each county
served by the authority within that region. The county transportation
commission, subject to the applicable provisions governing funds
allocated under that section that are consistent with this section,
shall use or allocate the funds for eligible capital expenditures as
described in paragraph (2), including, but not limited to, eligible
expenditures on the system of the Southern California Regional Rail
Authority. The county transportation commission may suballocate these
funds to the Southern California Regional Rail Authority for those
purposes.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects approved by the
California Office of Emergency
Management Agency Services .
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects approved by the
California Office of Emergency
Management Agency Services .
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(d) (1) An entity that is eligible to receive funds pursuant to
subdivision (a) or (c) shall, within 45 days of the date the
Controller makes public the list of eligible recipients pursuant to
Section 8879.58, provide a document, in a form as designated by the
California Office of Emergency
Management Agency Services , to the
California Office of Emergency
Management Agency Services that
indicates the intent to use those funds, the project or projects for
which the funds will be used, and a schedule of funds to be drawn
down. If the entity does not submit the document required under this
paragraph, the funds allocated to the entity pursuant to subdivision
(a) or (c) shall be reallocated by the California
Office of Emergency Management Agency
Services in accordance with paragraph (2). This
paragraph also applies to transit operators receiving a
suballocation from a transportation planning agency, in which case
the operator rather than the transportation planning agency is
required to provide the document.
(2) The California Office of
Emergency Management Agency Services
shall notify the transportation planning agency if funds allocated to
an entity within the region of the transportation planning agency
are being reallocated pursuant to paragraph (1). The transportation
planning agency shall have 30 days to provide a document, in a form
as designated by the California Office of
Emergency Management Agency
Services ,
to the California Office of Emergency
Management Agency Services
indicating its intent to distribute those funds to transit operators
or rail operators for purposes authorized under subdivision (a) or
(c). An agency providing that document shall receive an allocation of
the funds. If the transportation planning agency does not provide
the document within 30 days, the California
Office of Emergency Management Agency
Services may allocate the funds on a competitive
basis, pursuant to guidelines established by the California
Office of Emergency Management Agency
Services , to an entity in a
different region of the state that is an eligible entity under
subdivision (a) or (c). An eligible entity that is notified that it
will be awarded these funds shall, as a condition of receiving the
funds, satisfy the requirements of paragraph (1) within 45 days of
being advised of the reallocation. As used in this subdivision,
"transportation planning agency" includes the county transportation
commission in counties that have such a commission.
(3) The formula that applies to State Transit Assistance funds
shall not apply to a reallocation of funds under this subdivision.
SEC. 171. Section 8879.58 of the Government Code is amended to
read:
8879.58. (a) (1) No later than September 1 of the first fiscal
year in which the Legislature appropriates funds from the Transit
System Safety, Security, and Disaster Response Account, and no later
than September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the
California Office of Emergency
Management Agency Services a
description of the project it proposes to fund with its share of
funds from the account. The description shall include all of the
following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public have the highest priority and (B) to the maximum extent
possible, the list reflects a distribution of funding that is
geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
SEC. 172. Section 8879.59 of the Government Code is amended to
read:
8879.59. (a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
transit agencies eligible to receive funds pursuant to subdivision
(b) of Section 8879.57, the California Office
of Emergency Management Agency (Cal EMA)
Services shall administer a grant application
and award program for those transit agencies.
(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in
subdivision (b) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, Cal EMA the office shall adopt
guidelines to establish the criteria and process for the
distribution of funds described in this section. Prior to adopting
the guidelines, Cal EMA the office
shall hold a public hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, Cal EMA the office
shall issue a notice of funding availability no later than
October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to Cal EMA
the office for its review and consideration. Project
nominations shall include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, Cal EMA the
office shall select eligible projects to receive grants under
this section and shall provide the Controller with a list of the
projects and the sponsoring agencies eligible to receive an
allocation from the account. Upon receipt of this information, the
Controller's office shall commence any necessary actions to allocate
funds to those agencies, including, but not limited to, seeking the
issuance of bonds for that purpose. Grants awarded to eligible
transit agencies pursuant to subdivision (b) of Section 8879.57 shall
be for eligible capital expenditures, as described in paragraph (2)
of subdivision (b) of that section.
SEC. 173. Section 8879.60 of the Government Code is amended to
read:
8879.60. (a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
intercity and commuter rail operators eligible to receive funds
pursuant to subdivision (c) of Section 8879.57, the
California Office of Emergency
Management Agency Services shall
administer a grant application and award program for those intercity
and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the agency office shall adopt
guidelines to establish the criteria and process for the distribution
of funds described in this section. Prior to adopting the
guidelines, the agency office shall
hold a public hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the agency office
shall issue a notice of funding availability no later than
October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the agency
office shall select eligible projects to receive grants under
this section. Grants awarded to intercity and commuter rail operators
pursuant to subdivision (c) of Section 8879.57 shall be for eligible
capital expenditures, as described in subparagraphs (A) and (B) of
paragraph (2) of subdivision (c) of that section.
SEC. 174. Section 8879.61 of the Government Code is amended to
read:
8879.61. (a) (1) Entities described in subdivisions (a), (b), and
(c) of Section 8879.57 receiving an allocation of funds pursuant to
this article shall expend those funds within three fiscal years of
the fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California
Office of Emergency Management Agency
Services for reallocation under this
article in subsequent fiscal years.
(2) Notwithstanding paragraph (1), for an allocation of funds made
prior to June 30, 2011, to an entity described in subdivision (b) of
Section 8879.57, that entity shall have four fiscal years from the
last day of the fiscal year in which the funds were received by that
entity to expend those funds.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivision (b) of Section 8879.57 are not eligible to
receive awards from the funds allocated pursuant to subdivision (a)
of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
(d) On or before May 1 of each year, the California
Office of Emergency Management Agency
Services shall report to the Senate
Committee on Budget and Fiscal Review, the Assembly Committee on
Budget, the Senate Committee on Transportation and Housing, the
Assembly Committee on Transportation, and the Legislative Analyst's
Office on its activities under this article. The report shall include
a summary of the projects selected for funding during the fiscal
year in which awards were made, the status of projects selected for
funding in prior fiscal years, and a list of all transit entities
that have not used funds allocated to the transit entities pursuant
to Section 8879.57.
SEC. 175. Section 11340.2 of the Government Code is amended to
read:
11340.2. (a) The Office of Administrative Law is hereby
established in state government in the Government Operations
Agency . The office shall be under the direction and control of
an executive officer who shall be known as the director. There shall
also be a deputy director. The director's term and the deputy
director's term of office shall be coterminous with that of the
appointing power, except that they shall be subject to reappointment.
(b) The director and deputy director shall have the same
qualifications as a hearing officer and shall be appointed by the
Governor subject to the confirmation of the Senate.
SEC. 176. Section 11532 of the Government Code is amended to read:
11532. For purposes of this chapter, the following terms shall
have the following meanings, unless the context requires otherwise:
(a) "Board member" means a member of the Technology Services
Board.
(b) "Board" means the Technology Services Board created pursuant
to Section 11535.
(c) "Business telecommunications systems and services" includes,
but is not limited to, wireless or wired systems for transport of
voice, video, and data communications, network systems, requisite
facilities, equipment, system controls, simulation, electronic
commerce, and all related interactions between people and machines.
Public safety communications are excluded from this definition.
(d) "Department" means the Department of Technology.
(c)
(e) "Director" means the Director of the
Office of Technology Services .
(f) "Public agencies" include, but are not limited to, all state
and local governmental agencies in the state, including cities,
counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(d)
(g) "Technology" includes, but is not limited to, all
electronic technology systems and services, automated information
handling, system design and analysis, conversion of data, computer
programming, information storage and retrieval, and business
telecommunications systems and services.
(e) "Business telecommunications systems and services" includes,
but is not limited to, wireless or wired systems for transport of
voice, video, and data communications, network systems, requisite
facilities, equipment, system controls, simulation, electronic
commerce, and all related interactions between people and machines.
Public safety communications are excluded from this definition.
(f) "Public agencies" include, but are not limited to, all state
and local governmental agencies in the state, including cities,
counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
SEC. 177. Section 11534 of the Government Code is amended to read:
11534. (a) There is in state government, in the
California Technology Government Operations
Agency, the Office Department of
Technology Services , which shall include an
Office of Technology Services .
(b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology needs of
executive branch entities with accountability to customers for
providing secure services that are responsive to client needs at a
cost representing best value to the state.
(c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.
(d) Unless the context clearly requires otherwise, whenever the
term "Department of Technology Services" appears in any statute,
regulation, or contract, it shall be deemed to refer to the
Office Department of Technology
Services , and whenever the term "Director of Technology
Services" or "Secretary of California Technology "
appears in statute, regulation, or contract, or any other
law, it shall be deemed to refer to the Secretary
Director of California
Technology.
(e) Unless the context clearly requires otherwise, the
Office Department of Technology
Services and the Secretary Director
of California Technology succeed to and are
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction vested in the former Office of Technology Services,
Department of Technology Services and the former
, Director of Technology Services, and
Secretary of California Technology, respectively.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office Department of
Technology Services , are transferred to the
Office Department of Technology
Services . The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office
Department of Technology Services .
(g) The property of any office, agency, or department related to
functions transferred to the Office
Department of Technology Services is
transferred to the Office Department of
Technology Services . If any doubt arises as to
where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office
Department of Technology Services
shall be transferred to the Office
Department of Technology Services for the
use and for the purpose for which the appropriation was originally
made or the funds were originally available. If there is any doubt as
to where those balances and funds are transferred, the Department of
Finance shall determine where the balances and funds are
transferred.
SEC. 178. Section 11535 of the Government Code is amended to read:
11535. (a) There is, in the Office
Department of Technology Services , the
Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The Secretary Director of
California Technology, who shall serve as the
chair of the board.
(2) The Director of Finance, who shall serve as vice chair of the
board.
(3) The Controller.
(4) The Secretary of Food and Agriculture, the Secretary of
Business, Transportation and Housing
, the Secretary of the Department of Corrections and
Rehabilitation, the Secretary for Environmental Protection, the
Secretary of California Health and Human Services, the Secretary of
Labor and Workforce Development, the Secretary of the Natural
Resources Agency, the Secretary of State
Business and Consumer Services, and the Secretary of Veterans
Affairs.
(5) The Secretary Director of
California Emergency Management.
SEC. 179. Section 11537 of the Government Code is amended to read:
11537. (a) The Secretary Director
of California Technology shall engage an
independent firm of certified public accountants to conduct an annual
financial audit of all accounts and transactions of the Office of
Technology Services. The audit shall be conducted in accordance with
generally accepted government auditing standards. The audited
financial statements shall be presented to the board, the Governor,
and the Legislature not more than 120 days after the submittal of the
annual financial statements.
(b) The Secretary Director of
California Technology may arrange for other audits
as are necessary or prudent to ensure proper oversight and
management of the Office of Technology Services.
SEC. 180. Section 11538 of the Government Code is amended to read:
11538. The director Chief of the Office
of Technology Services shall be appointed by, and serve at the
pleasure of, the Governor, subject to Senate confirmation. The
director chief shall act as executive
officer of the board , and shall report to the Director of
Technology .
SEC. 181. Section 11540 of the Government Code is amended to read:
11540. (a) The director shall propose for board consideration and
approval an annual budget for the Office of Technology Services'
operations.
(b) The Secretary Director of
California Technology shall propose for board
consideration rates for Office of Technology Services' services based
on a formal rate methodology approved by the board. At least 60 days
before submitting proposed rates to the board, the
Secretary Director of California
Technology shall submit the proposed rates to the
Department of Finance. Submittal of the rates to the Department of
Finance shall be in a format and timeframe determined by the
Department of Finance. The Department of Finance shall prepare a
report for the board evaluating the reasonableness of the proposed
rates and any significant impact the Office of Technology
Services' rates are likely to have upon the budgets of
other departments.
(c) It is the intent of the Legislature that this section
supersede Section 11540 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 182. Section 11541 of the Government Code is amended to read:
11541. (a) The Office Department of
Technology Services may acquire, install, equip,
maintain, and operate new or existing business telecommunications
systems and services. Acquisitions for information technology goods
and services shall be made pursuant to Chapter 3 (commencing with
Section 12100) of Part 2 of Division 2 of the Public Contract Code.
To accomplish that purpose, the Office of Technology
Services department may enter into contracts,
obtain licenses, acquire personal property, install necessary
equipment and facilities, and do other acts that will provide
adequate and efficient business telecommunications systems and
services. Any system established shall be made available to all
public agencies in the state on terms that may be agreed upon by the
agency and the Office of Technology Services
department .
(b) With respect to business telecommunications systems and
services, the Office of Technology Services
department may do all of the following:
(1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and other
public agencies regarding business telecommunications systems and
services issues.
(2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and services
between any and all public agencies.
(3) Recommend to public agencies rules, regulations, procedures,
and methods of operation that it deems necessary to effectuate the
most efficient and economical use of business telecommunications
systems and services within the state.
(4) Carry out the policies of this chapter.
(c) The Office of Technology Services
department has responsibilities with respect to business
telecommunications systems, services, policy, and planning, which
include, but are not limited to, all of the following:
(1)
Assessing the overall long-range business telecommunications needs
and requirements of the state considering both routine and emergency
operations for business telecommunications systems and services,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems and
requirements of public agencies.
(3) Recommending industry standards, service level agreements, and
solutions regarding business telecommunications systems and services
to ensure multiuser availability and compatibility.
(4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:
(A) Ensuring that the business telecommunications needs of state
agencies are met.
(B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state's strategic and tactical
plans for telecommunications.
(C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.
(5) Providing management oversight of statewide business
telecommunications systems and services developments.
(6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined by the
Office of Technology Services department
.
(7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.
(d) The Office of Technology Services
department shall develop and describe statewide policy on the
use of business telecommunications systems and services by state
agencies. In the development of that policy, the Office of
Technology Services department shall ensure that
access to state business information and services is improved, and
that the policy is cost effective for the state and its residents.
The Office of Technology Services department
shall develop guidelines that do all of the following:
(1) Describe what types of state business information and services
may be accessed using business telecommunications systems and
services.
(2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.
(3) Characterize the conditions under which a state agency may
charge for information and services.
(4) Specify pricing policies.
(5) Provide other guidance as may be appropriate at the discretion
of the Office of Technology Services.
(e) It is the intent of the Legislature that this section
supersede Section 11541 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 183. Section 11542 of the Government Code is amended to read:
11542. (a) (1) The Stephen P. Teale Data Center and the
California Health and Human Services Agency Data Center are
consolidated within, and their functions are transferred to, the
Office Department of Technology
Services .
(2) Except as expressly provided otherwise in this chapter, the
Office Department of Technology
Services is the successor to, and is vested with,
all of the duties, powers, purposes, responsibilities, and
jurisdiction of the Stephen P. Teale Data Center, and the California
Health and Human Services Agency Data Center. Any reference in
statutes, regulations, or contracts to those entities with respect to
the transferred functions shall be construed to refer to the
Office Department of Technology
Services unless the context clearly requires
otherwise.
(3) No contract, lease, license, or any other agreement to which
either the Stephen P. Teale Data Center or the California Health and
Human Services Agency Data Center is a party shall be void or
voidable by reason of this chapter, but shall continue in full force
and effect, with the Office Department
of Technology Services assuming all of the rights,
obligations, and duties of the Stephen P. Teale Data Center or the
California Health and Human Services Agency Data Center,
respectively.
(4) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Office
Department of Technology Services .
(5) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health and
Human Services Data Center Revolving Fund shall be construed to
refer to the Technology Services Revolving Fund unless the context
clearly requires otherwise.
(6) All books, documents, records, and property of the Stephen P.
Teale Data Center and the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, shall be
transferred to the Office Department of
Technology Services .
(7) (A) All officers and employees of the former Stephen P. Teale
Data Center and the California Health and Human Services Agency Data
Center, are transferred to the Office
Department of Technology Services .
(B) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, shall not be affected by the transfer
and consolidation of the functions of that officer or employee to the
Office Department of Technology
Services .
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to the
California Department of Technology
Agency .
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" or "California Technology Agency "
appears in any statute, regulation, or contract, or any other
law, it shall be deemed to refer to the California
Department of Technology Agency
.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the California Technology Agency, are transferred to
the California Department of Technology
Agency . The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the California
Department of Technology Agency .
(4) The property of any office, agency, or department related to
functions transferred to the California Technology Agency, are
transferred to the California Department of
Technology Agency . If any doubt arises as
to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the California
Department of Technology Agency
shall be transferred to the California
Department of Technology for the use and for the purpose
for which the appropriation was originally made or the funds were
originally available. If there is any doubt as to where those
balances and funds are transferred, the Department of Finance shall
determine where the balances and funds are transferred.
SEC. 184. Section 11543 of the Government Code is amended to read:
11543. (a) The Secretary Director
of California Technology shall confer as
frequently as necessary or desirable, but not less than once every
quarter, with the board, on the operation and administration of the
Office of Technology Services. The Secretary
Director of California Technology shall make
available for inspection by the board or any board member, upon
request, all books, records, files, and other information and
documents of the Office of Technology Services and recommend any
matters as he or she deems necessary and advisable to improve the
operation and administration of the Office of Technology Services.
(b) The Secretary Director of
California Technology shall make and keep books
and records to permit preparation of financial statements in
conformity with generally accepted accounting principles and any
state policy requirements.
SEC. 185. Section 11544 of the Government Code is amended to read:
11544. (a) The Technology Services Revolving Fund, hereafter
known as the fund, is hereby created within the State Treasury. The
fund shall be administered by the State Chief Information
Officer Director of Technology to receive all
revenues from the sale of technology or technology services provided
for in this chapter, for other services rendered by the
office of the State Chief Information Officer
Department of Technology , and all other moneys
properly credited to the office of the State Chief
Information Officer department from any other
source, to pay, upon appropriation by the Legislature, all costs
arising from this chapter and rendering of services to state and
other public agencies, including, but not limited to, employment and
compensation of necessary personnel and expenses, such as operating
and other expenses of the board and the office of the State
Chief Information Officer Department of Technology
, and costs associated with approved information technology
projects, and to establish reserves. At the discretion of the
State Chief Information Officer Director of
Technology , segregated, dedicated accounts within the fund may
be established. The amendments made to this section by the act
adding this sentence shall apply to all revenues earned on or after
July 1, 2010.
(b) The fund shall consist of all of the following:
(1) Moneys appropriated and made available by the Legislature for
the purposes of this chapter.
(2) Any other moneys that may be made available to the
office Department of the State Chief
Information Officer Technology from any other
source, including the return from investments of moneys by the
Treasurer.
(c) The office Department of
the State Chief Information Officer
Technology may collect payments from public agencies for
providing services to those agencies that the agencies have requested
from the office Department of
the State Chief Information Officer Technology
. The office Department of
the State Chief Information Officer Technology
may require monthly payments by client agencies for the services the
agencies have requested. Pursuant to Section 11255, the Controller
shall transfer any amounts so authorized by the office
Department of the State Chief
Information Officer Technology , consistent with
the annual budget of each department, to the fund. The
office Department of the State Chief
Information Officer Technology shall notify each
affected state agency upon requesting the Controller to make the
transfer.
(d) At the end of any fiscal year, if the balance remaining in the
fund at the end of that fiscal year exceeds 25 percent of the
portion of the office Department of
the State Chief Information Officer's
Technology's current fiscal year budget used for support of
data center and other client services, the excess amount shall be
used to reduce the billing rates for services rendered during the
following fiscal year.
SEC. 186. Section 11545 of the Government Code is amended to read:
11545. (a) (1) There is in state government the
California Department of Technology
Agency within the Government Operations Agency .
The Secretary Director of
California Technology shall be appointed by, and serve at
the pleasure of, the Governor, subject to Senate confirmation. The
Secretary Director of
California Technology shall supervise the
California Department of Technology
Agency and be a member of the Governor's cabinet .
(2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" or
"California Technology Agency " appears in any
statute, regulation, or contract, or any other code, it
shall be construed to refer to the California
Department of Technology Agency , and
whenever the term "State Chief Information Officer" or
"Secretary of California Technology " appears in any
statute, regulation, or contract, or any other code, it
shall be construed to refer to the Secretary
Director of California Technology.
(3) The Director of Technology shall be the State Chief
Information Officer.
(b) The duties of the Secretary Director
of California Technology shall include, but
are not limited to, all of the following:
(1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
(2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The Secretary
Director of California
Technology shall consult with the Director of General Services, the
Director of Finance, and other relevant agencies concerning policies
and standards these agencies are responsible to issue as they relate
to information technology.
(3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
(4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and the promotion of the alignment and
effective management of information technology services. Nothing in
this paragraph shall be deemed to limit the authority of a
constitutional officer, cabinet agency secretary, or department
director to establish programmatic priorities and business direction
to the respective agency or department chief information officer.
(5) Working to improve organizational maturity and capacity in the
effective management of information technology.
(6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
(7) Approving, suspending, terminating, and reinstating
information technology projects.
(8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
(c) The Secretary Director of
California Technology shall produce an annual
information technology strategic plan that shall guide the
acquisition, management, and use of information technology. State
agencies shall cooperate with the agency
department in the development of this plan, as required by the
Secretary Director of
California Technology.
(1) Upon establishment of the information technology strategic
plan, the Secretary Director of
California Technology shall take all appropriate
and necessary steps to implement the plan, subject to any
modifications and adjustments deemed necessary and reasonable.
(2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 of every
year.
(d) The Secretary Director of
California Technology shall produce an annual
information technology performance report that shall assess and
measure the state's progress toward enhancing information technology
human capital management; reducing and avoiding costs and risks
associated with the acquisition, development, implementation,
management, and operation of information technology assets,
infrastructure, and systems; improving energy efficiency in the use
of information technology assets; enhancing the security,
reliability, and quality of information technology networks,
services, and systems; and improving the information technology
procurement process. The agency department
shall establish those policies and procedures required to
improve the performance of the state's information technology
program.
(1) The agency department shall
submit an information technology performance management framework to
the Joint Legislative Budget Committee by May 15, 2009, accompanied
by the most current baseline data for each performance measure or
metric contained in the framework. The information technology
performance management framework shall include the performance
measures and targets that the agency
department will utilize to assess the performance of, and
measure the costs and risks avoided by, the state's information
technology program. The agency department
shall provide notice to the Joint Legislative Budget Committee
within 30 days of making changes to the framework. This notice shall
include the rationale for changes in specific measures or metrics.
(2) State agencies shall take all necessary steps to achieve the
targets set forth by the agency department
and shall report their progress to the agency
department on a quarterly basis.
(3) Notwithstanding Section 10231.5, the information technology
performance report shall be submitted to the Joint Legislative Budget
Committee by January 15 of every year. To enhance transparency, the
agency department shall post
performance targets and progress toward these targets on its public
Internet Web site.
(4) The agency department shall at
least annually report to the Director of Finance cost savings and
avoidances achieved through improvements to the way the state
acquires, develops, implements, manages, and operates state
technology assets, infrastructure, and systems. This report shall be
submitted in a timeframe determined by the Department of Finance and
shall identify the actual savings achieved by each office,
department, and agency. Notwithstanding Section 10231.5, the
agency department shall also, within 30 days,
submit a copy of that report to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Assembly Committee on
Appropriations, and the Assembly Committee on Budget.
SEC. 187. Section 11546 of the Government Code is amended to read:
11546. (a) The California Department of
Technology Agency shall be responsible for
the approval and oversight of information technology projects, which
shall include, but are not limited to, all of the following:
(1) Establishing and maintaining a framework of policies,
procedures, and requirements for the initiation, approval,
implementation, management, oversight, and continuation of
information technology projects.
(2) Evaluating information technology projects based on the
business case justification, resources requirements, proposed
technical solution, project management, oversight and risk mitigation
approach, and compliance with statewide strategies, policies, and
procedures. Projects shall continue to be funded through the
established Budget Act process.
(3) Consulting with agencies during initial project planning to
ensure that project proposals are based on well-defined programmatic
needs, clearly identify programmatic benefits, and consider feasible
alternatives to address the identified needs and benefits consistent
with statewide strategies, policies, and procedures.
(4) Consulting with agencies prior to project initiation to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource for agencies
throughout the project implementation.
(5) Requiring agencies to provide information on information
technology projects including, but not limited to, all of the
following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
(6) Requiring agencies to perform remedial measures to achieve
compliance with approved project objectives. These remedial measures
may include, but are not limited to, any of the following:
(A) Independent assessments of project activities, the cost of
which shall be funded by the agency administering the project.
(B) Establishing remediation plans.
(C) Securing appropriate expertise, the cost of which shall be
funded by the agency administering the project.
(D) Requiring additional project reporting.
(E) Requiring approval to initiate any action identified in the
approved project schedule.
(7) Suspending, reinstating, or terminating information technology
projects. The agency department shall
notify the Joint Legislative Budget Committee of any project
suspension, reinstatement, and termination within 30 days of that
suspension, reinstatement, or termination.
(8) Establishing restrictions or other controls to mitigate
nonperformance by agencies, including, but not limited to, any of the
following:
(A) The restriction of future project approvals pending
demonstration of successful correction of the identified performance
failure.
(B) The revocation or reduction of authority for state agencies to
initiate information technology projects or acquire information
technology or telecommunications goods or services.
(b) The California Department of
Technology Agency shall have the authority to
delegate to another agency any authority granted under this section
based on its assessment of the agency's project management, project
oversight, and project performance.
SEC. 188. Section 11546.1 of the Government Code is amended to
read:
11546.1. The California Department of
Technology Agency shall improve the
governance and implementation of information technology by
standardizing reporting relationships, roles, and responsibilities
for setting information technology priorities.
(a) (1) Each state agency shall have a chief information officer
who is appointed by the head of the state agency, or by the head's
designee, subject to the approval of the California
Department of Technology Agency
.
(2) A chief information officer appointed under this subdivision
shall do all of the following:
(A) Oversee the information technology portfolio and information
technology services within his or her state agency through the
operational oversight of information technology budgets of
departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for his or her state
agency, subject to the review and approval of the California
Department of Technology Agency
, to rationalize, standardize, and consolidate information
technology applications, assets, infrastructure, data, and procedures
for all departments, boards, bureaus, and offices within the state
agency.
(C) Ensure that all departments, boards, bureaus, and offices
within the state agency are in compliance with the state information
technology policy.
(b) (1) Each state entity shall have a chief information officer
who is appointed by the head of the state entity.
(2) A chief information officer appointed under this subdivision
shall do all of the following:
(A) Supervise all information technology and telecommunications
activities within his or her state entity, including, but not limited
to, information technology, information security, and
telecommunications personnel, contractors, systems, assets, projects,
purchases, and contracts.
(B) Ensure the entity conforms with state information technology
and telecommunications policy and enterprise architecture.
(c) Each state agency shall have an information security officer
appointed by the head of the state agency, or the head's designee,
subject to the approval by the California
Department of Technology Agency . The state
agency's information security officer appointed under this
subdivision shall report to the state agency's chief information
officer.
(d) Each state entity shall have an information security officer
who is appointed by the head of the state entity. An information
security officer shall report to the chief information officer of his
or her state entity. The California
Department of Technology Agency shall
develop specific qualification criteria for an information security
officer. If a state entity cannot fund a position for an information
security officer, the entity's chief information officer shall
perform the duties assigned to the information security officer. The
chief information officer shall coordinate with the
California Department of Technology
Agency for any necessary support.
(e) (1) For purposes of this section, "state agency" means the
Business, Transportation and Housing
Agency, Department of Corrections and Rehabilitation,
Department of Veterans Affairs, State
Business and Consumer Services Agency, Natural Resources
Agency, California Health and Human Services Agency, California
Environmental Protection Agency, Labor and Workforce Development
Agency, and Department of Food and Agriculture.
(2) For purposes of this
section, "state entity" means an entity within the executive branch
that is under the direct authority of the Governor, including, but
not limited to, all departments, boards, bureaus, commissions,
councils, and offices that are not defined as a "state agency"
pursuant to paragraph (1).
(f) A state entity that is not defined under subdivision (e) may
voluntarily comply with any of the requirements of Sections 11546.2
and 11546.3 and may request assistance from the California
Department of Technology Agency
to do so.
SEC. 189. Section 11546.2 of the Government Code is amended to
read:
11546.2. On or before February 1, 2011, and annually thereafter,
each state agency and state entity subject to Section 11546.1, shall
submit, as instructed by the California
Department of Technology Agency , a summary
of its actual and projected information technology and
telecommunications costs, including personnel, for the immediately
preceding fiscal year and current fiscal year, showing current
expenses and projected expenses for the current fiscal year, in a
format prescribed by the California
Department of Technology Agency in order to
capture statewide information technology expenditures.
SEC. 190. Section 11546.3 of the Government Code is amended to
read:
11546.3. (a) (1) A chief information officer appointed under
Section 11546.1 shall develop a plan to leverage cost-effective
strategies to reduce the total amount of energy utilized by
information technology and telecommunications equipment of the
officer's agency or entity, as the case may be, in support of the
statewide effort to reduce energy consumption by 20 percent below the
2009 baseline by July 1, 2011, and by 30 percent below the 2009
baseline by July 1, 2012.
(2) A chief information officer appointed under Section 11546.1
shall report the progress toward the energy reduction targets in
paragraph (1) to the California Department of
Technology Agency on a quarterly basis
beginning in January 2011. The California
Department of Technology Agency shall
include the quarterly reports on its Internet Web site.
(b) (1) A state agency or entity subject to Section 11546.1 shall
do all of the following:
(A) Comply with the policies of the California
Department of Technology Agency to
reduce the total amount of office square footage currently utilized
for data centers by the agency or entity, as the case may be, in
support of the statewide effort to reduce energy consumption by 50
percent below the 2009 baseline by July 2011.
(B) Host all mission critical and public-facing applications and
server refreshes in a Tier III or equivalent data center, as
designated by the California Department of
Technology Agency .
(C) Close any existing data centers or server rooms that house
nonnetwork equipment by June 2013. On or before July 2011, transition
plans, in accordance with guidance provided by the
California Department of Technology
Agency , shall be submitted to the California
Department of Technology Agency
.
(D) Be in migration from its existing network services to the
California Government Network by no later than July 2011.
(E) Report to the California Department of
Technology Agency on the progress toward
the targets listed in this subdivision on a quarterly basis,
beginning in January 2011.
(2) The California Department of
Technology Agency shall include the quarterly
reports required by subparagraph (E) of paragraph (1) on its Internet
Web site.
(c) (1) A state agency or entity subject to Section 11546.1 shall
do both of the following:
(A) Be in migration to the state shared e-mail solution by no
later than June 2011.
(B) Report to the California Department of
Technology Agency on the progress toward
the target listed in subparagraph (A) on a quarterly basis, beginning
in April 2011.
(2) The California Department of
Technology Agency shall include the quarterly
reports required by subparagraph (B) of paragraph (1) on its Internet
Web site.
SEC. 191. Section 11546.4 of the Government Code is amended to
read:
11546.4. Notwithstanding any other law, any service contract
proposed to be entered into by an agency that would not otherwise be
subject to review, approval, or oversight by the office
Department of the State Chief
Information Officer Technology but that contains
an information technology component that would be subject to
oversight by the office Department of
the State Chief Information Officer
Technology if it was a separate information technology project,
shall be subject to review, approval, and oversight by the
office Department of the State Chief
Information Officer Technology as set forth in
Section 11546.
SEC. 192. Section 11546.5 of the Government Code is amended to
read:
11546.5. Notwithstanding any other provision of
law, all employees of the California
Department of Technology Agency shall
be designated as excluded from collective bargaining pursuant to
subdivision (b) of Section 3527, except for employees of the Office
of Technology Services and employees of the Public Safety
Communications Division who are not otherwise excluded from
collective bargaining.
SEC. 193. Section 11546.6 of the Government Code is amended to
read:
11546.6. (a) The State Chief Information Officer
Director of Technology shall require fingerprint
images and associated information from an employee, prospective
employee, contractor, subcontractor, volunteer, or vendor whose
duties include, or would include, working on data center,
telecommunications, or network operations, engineering, or security
with access to confidential or sensitive information and data on the
network or computing infrastructure.
(b) The fingerprint images and associated information described in
subdivision (a) shall be furnished to the Department of Justice for
the purpose of obtaining information as to the existence and nature
of any of the following:
(1) A record of state or federal convictions and the existence and
nature of state or federal arrests for which the person is free on
bail or on his or her own recognizance pending trial or appeal.
(2) Being convicted of, or pleading nolo contendere to, a crime,
or having committed an act involving dishonesty, fraud, or deceit, if
the crime or act is substantially related to the qualifications,
functions, or duties of a person employed by the state in accordance
with this provision.
(3) Any conviction or arrest, for which the person is free on bail
or on his or her own recognizance pending trial or appeal, with a
reasonable nexus to the information or data to which the employee
shall have access.
(c) Requests for federal criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the Department
of Justice.
(d) The Department of Justice shall respond to the State
Chief Information Officer Director of Technology
with information as provided under subdivision (p) of Section 11105
of the Penal Code.
(e) The State Chief Information Officer
Director of Technology shall request subsequent arrest
notifications from the Department of Justice as provided under
Section 11105.2 of the Penal Code.
(f) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(g) If an individual described in subdivision (a) is rejected as a
result of information contained in the Department of Justice or
Federal Bureau of Investigation criminal offender record information
response, the individual shall receive a copy of the response record
from the State Chief Information Officer
Director of Technology .
(h) The State Chief Information Officer
Director of Technology shall develop a written appeal process
for an individual described in subdivision (a) who is determined
ineligible for employment because of his or her Department of Justice
or Federal Bureau of Investigation criminal offender record.
Individuals shall not be found to be ineligible for employment
pursuant to this section until the appeal process is in place.
(i) When considering the background information received pursuant
to this section, the State Chief Information Officer
Director of Technology shall take under
consideration any evidence of rehabilitation, including participation
in treatment programs, as well as the age and specifics of the
offense.
SEC. 194. Section 11549 of the Government Code is amended to read:
11549. (a) There is in state government, in the
California Department of Technology
Agency , the Office of Information Security. The purpose of
the Office of Information Security is to ensure the confidentiality,
integrity, and availability of state systems and applications, and
to promote and protect privacy as part of the development and
operations of state systems and applications to ensure the trust of
the residents of this state.
(b) The office shall be under the direction of a director, who
shall be appointed by, and serve at the pleasure of, the Governor.
The director shall report to the Secretary
Director of California Technology, and shall
lead the Office of Information Security in carrying out its mission.
(c) The duties of the Office of Information Security, under the
direction of the director, shall be to provide direction for
information security and privacy to state government agencies,
departments, and offices, pursuant to Section 11549.3.
(d) (1) Unless the context clearly requires otherwise, whenever
the term "Office of Information Security and Privacy Protection"
appears in any statute, regulation, or contract, it shall be deemed
to refer to the Office of Information Security, and whenever the term
"executive director of the Office of Information Security and
Privacy Protection" appears in statute, regulation, or contract, it
shall be deemed to refer to the Director of the Office of Information
Security.
(2) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred from the Office of Information Security and Privacy
Protection to the Office of Information Security, are transferred to
the Office of Information Security. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Information Security.
(3) The property of any office, agency, or department related to
functions transferred to the Office of Information Security is
transferred to the Office of Information Security. If any doubt
arises as to where that property is transferred, the Department of
General Services shall determine where the property is transferred.
(4) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Information
Security shall be transferred to the Office of Information Security
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 195. Section 11549.3 of the Government Code is amended to
read:
11549.3. (a) The director shall establish an information security
program. The program responsibilities include, but are not limited
to, all of the following:
(1) The creation, updating, and publishing of information security
and privacy policies, standards, and procedures for state agencies
in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:
(A) Information technology, which includes, but is not limited to,
all electronic technology systems and services, automated
information handling, system design and analysis, conversion of data,
computer programming, information storage and retrieval,
telecommunications, requisite system controls, simulation, electronic
commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical,
confidential, sensitive, or personal, as defined and published by the
office Office of Information Security
.
(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the
collection, tracking, and reporting of information regarding security
and privacy incidents.
(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency's
disaster recovery plan.
(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.
(6) Promotion and enhancement of the state agencies' risk
management and privacy programs through education, awareness,
collaboration, and consultation.
(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.
(b) An information security officer appointed pursuant to Section
11546.1 shall implement the policies and procedures issued by the
Office of Information Security, including, but not limited to,
performing all of the following duties:
(1) Comply with the information security and privacy policies,
standards, and procedures issued pursuant to this chapter by the
Office of Information Security.
(2) Comply with filing requirements and incident notification by
providing timely information and reports as required by policy or
directives of the office.
(c) The office may conduct, or require to be conducted,
independent security assessments of any state agency, department, or
office, the cost of which shall be funded by the state agency,
department, or office being assessed.
(d) The office may require an audit of information security to
ensure program compliance, the cost of which shall be funded by the
state agency, department, or office being audited.
(e) The office shall report to the California
Department of Technology Agency any
state agency found to be noncompliant with information security
program requirements.
SEC. 196. Section 11550 of the Government Code is amended to read:
11550. (a) Effective January 1, 1988, an annual salary of
ninety-one thousand fifty-four dollars ($91,054) shall be paid to
each of the following:
(1) Director of Finance.
(2) Secretary of Business, Transportation
and Housing .
(3) Secretary of the Natural Resources Agency.
(4) Secretary of California Health and Human Services.
(5) Secretary of State Business and
Consumer Services.
(6) Commissioner of the California Highway Patrol.
(7) Secretary of the Department of Corrections and Rehabilitation.
(8) Secretary of Food and Agriculture.
(9) Secretary of Veterans Affairs.
(10) Secretary of Labor and Workforce Development.
(11) State Chief Information Officer.
(12)
(11) Secretary for Environmental Protection.
(13)
(12) Secretary of California Emergency
Management Government Operations .
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 197. Section 11552 of the Government Code is amended to read:
11552. (a) Effective January 1, 1988, an annual salary of
eighty-five thousand four hundred two dollars ($85,402) shall be paid
to each of the following:
(1) Commissioner of Financial Institutions
Business Oversight .
(2) Commissioner of Corporations.
(3)
(2) Director of Transportation.
(4)
(3) Real Estate Commissioner.
(5)
(4) Director of Social Services.
(6)
(5) Director of Water Resources.
(7)
(6) Chief Deputy Secretary for Adult Operations of the
Department of Corrections and Rehabilitation.
(8)
(7) Director of General Services.
(9)
(8) Director of Motor Vehicles.
(10)
( 9) Chief Deputy Secretary for Juvenile
Justice in the Department of Corrections and Rehabilitation.
(11)
(10) Executive Officer of the Franchise Tax Board.
(12)
(11) Director of Employment Development.
(13)
(12) Director of Alcoholic Beverage Control.
(14)
(13) Director of Housing and Community Development.
(15)
(14) Director of Alcohol and Drug Programs.
(16)
(15) Director of Statewide Health Planning and
Development.
(17)
(16) Director of the Department of Personnel
Administration Human Resources .
(18)
(17) Director of Health Care Services.
(19)
(18) Director of Mental Health.
(20)
(19) Director of Developmental Services.
(21)
(20) State Public Defender.
(22)
(21) Director of the California State Lottery.
(23)
(22) Director of Fish and Game.
(24)
(23) Director of Parks and Recreation.
(25)
(24) Director of Rehabilitation.
(26)
(25) Director of the Office of Administrative Law.
(27)
(26) Director of Consumer Affairs.
(28)
(27) Director of Forestry and Fire Protection.
(29)
(28) The Inspector General pursuant to Section 6125 of
the Penal Code.
(30)
(29) Director of Child Support Services.
(31)
(30) Director of Industrial Relations.
(32)
(31) Chief Deputy Secretary for Adult Programs in the
Department of Corrections and Rehabilitation.
(33)
(32) Director of Toxic Substances Control.
(34)
(33) Director of Pesticide Regulation.
(35)
(34) Director of Managed Health Care.
(36)
(35) Director of Environmental Health Hazard
Assessment.
(37) Director of Technology.
(38)
(36) Director of California Bay-Delta Authority.
(39)
(37) Director of California Conservation Corps.
(38) Director of Technology.
(39) Director of Emergency Services.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 198. 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 to the 2004-05 2004-05
fiscal year, inclusive, 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.
(e) For each fiscal year commencing with the 2005-06
2005-06 fiscal year, all of the following shall
apply and subdivisions (b) to (d), inclusive, shall not apply:
(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund for
the upcoming fiscal year, and shall provide to the committee in the
Senate and Assembly that considers the State Budget an estimate of
the amount needed to transfer from the Indian Gaming Special
Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust
Fund for the next fiscal year. The anticipated total amount of
shortfalls to be transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
shall be determined by the California Gambling Control Commission as
follows:
(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with that
product reduced by the amount anticipated to be paid by the tribes
directly into the Indian Gaming Revenue Sharing Trust Fund for the
fiscal year.
(B) This amount shall be based upon actual payments received into
the Indian Gaming Revenue Sharing Trust Fund the previous fiscal
year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue Sharing
Trust Fund.
(2) The Legislature shall transfer from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an
amount sufficient for each eligible recipient tribe to receive a
total not to exceed two hundred seventy-five thousand dollars
($275,000) for each quarter in the upcoming fiscal year an eligible
recipient tribe is eligible to receive moneys, for a total not to
exceed one million, one hundred thousand dollars ($1,100,000) for the
entire fiscal year. The California Gambling Control Commission shall
make quarterly payments from the Indian Gaming Revenue Sharing Trust
Fund to each eligible recipient Indian tribe within 45 days of the
end of each fiscal quarter.
(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
results in a surplus, the funds shall remain in the Indian Gaming
Revenue Sharing Trust Fund for disbursement in future years, and if
necessary, adjustments shall be made to future distributions from the
Indian Gaming Special Distribution Fund to the Revenue Sharing Trust
Fund.
(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the
total of two hundred seventy-five thousand dollars ($275,000) for
each fiscal quarter, the Department of Finance, after consultation
with the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.
(5) At the end of each fiscal quarter, the California Gambling
Control Commission's Indian Gaming Revenue Sharing Trust Fund report
shall include information that identifies each of the eligible
recipient tribes eligible to receive a distribution for that fiscal
quarter, the amount paid into the Indian Gaming Revenue Sharing Trust
Fund by each of the tribes pursuant to the applicable sections of
the tribal-state compact, and the amount necessary to backfill from
the Indian Gaming Special Distribution Fund the shortfall in the
Indian Gaming Revenue Sharing Trust Fund in order for each eligible
recipient tribe to receive the total of two hundred seventy-five
thousand dollars ($275,000) for the fiscal quarter.
(6) Based upon the projected shortfall in the Indian Gaming
Revenue Sharing Trust Fund, for the 2005-06 fiscal year, the sum of
fifty million dollars
($50,000,000) is hereby transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
is hereby appropriated from that fund to the California Gambling
Control Commission for distribution to each eligible recipient tribe
pursuant to this section.
SEC. 199. Section 12800 of the Government Code is amended to read:
12800. (a) There are in the state government the
following agencies: State Business and
Consumer Services; Business, Transportation
and Housing ; California Emergency
Management; California Environmental Protection; California
Health and Human Services; Labor and Workforce Development; Natural
Resources; Government Operations; and Youth and
Adult Correctional Corrections and Rehabilitation
.
Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services."
Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."
Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of California Health and
Human Services."
Whenever the term "Resources Agency" appears in any law, it means
the "Natural Resources Agency," and whenever the term "Secretary of
the Resources Agency" appears in any law, it means the "Secretary of
the Natural Resources Agency."
(b) The secretary of an agency shall be generally responsible for
the sound fiscal management of each department, office, or other unit
within the agency. The secretary shall review and approve the
proposed budget of each department, office, or other unit. The
secretary shall hold the head of each department, office, or other
unit responsible for management control over the administrative,
fiscal, and program performance of his or her department, office, or
other unit. The secretary shall review the operations and evaluate
the performance at appropriate intervals of each department, office,
or other unit, and shall seek continually to improve the organization
structure, the operating policies, and the management information
systems of each department, office, or other unit.
SEC. 200. Section 12803.2 is added to the Government Code, to
read:
12803.2. (a) The Government Operations Agency shall consist of
all of the following:
(1) The Office of Administrative Law.
(2) The Public Employees' Retirement System.
(3) The State Teachers' Retirement System.
(4) The State Personnel Board.
(5) The California Victim Compensation and Government Claims
Board.
(6) The Department of General Services.
(7) The Department of Technology.
(8) The Franchise Tax Board.
(9) The Department of Human Resources.
(b) The Government Operations Agency shall be governed by the
Secretary of Government Operations pursuant to Section 12801.
However, the Director of Human Resources shall report directly to the
Governor on issues relating to labor relations.
SEC. 201. Section 12804 of the Government Code is repealed.
12804. The Agriculture and Services Agency is hereby renamed the
State and Consumer Services Agency.
The State and Consumer Services Agency consists of the following:
the Department of General Services; the Department of Consumer
Affairs; the Franchise Tax Board; the Public Employees' Retirement
System; the State Teachers' Retirement System; the Department of Fair
Employment and Housing; the Fair Employment and Housing Commission;
the California Science Center; the California Victim Compensation and
Government Claims Board; the California African American Museum; the
California Building and Standards Commission; the Alfred E. Alquist
Seismic Safety Commission; and the Office of Privacy Protection.
SEC. 202. Section 12804 is added to the Government Code, to read:
12804. There is in the state government the Business and Consumer
Services Agency.
The Business and Consumer Services Agency consists of the
following: the Department of Consumer Affairs, the Department of
Housing and Community Development, the Department of Fair Employment
and Housing, the Department of Business Oversight, the Department of
Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals
Board, the California Horse Racing Board, and the Alfred E. Alquist
Seismic Safety Commission.
SEC. 203. Section 12804.5 of the Government Code is amended to
read:
12804.5. The Secretary of the State
Business and Consumer Services Agency is
hereby authorized to develop programs for technical and fiscal
assistance to facilitate nonprofit, self-help community vegetable
gardens and related supporting activities.
SEC. 204. Section 12804.7 of the Government Code is amended to
read:
12804.7. The State and Consumer Services
Natural Resources Agency succeeds to and is vested with all the
duties, powers, purposes, and responsibilities, and jurisdiction
vested in the Department of Food and Agriculture by Part 3
(commencing with Section 3801) of Division 3 of the Food and
Agricultural Code with respect to the Museum of Science and
Industry Exposition Park .
SEC. 205. Section 12805 of the Government Code is amended to read:
12805. (a) The Resources Agency is hereby renamed the Natural
Resources Agency. The Natural Resources Agency consists of the
departments of Forestry and Fire Protection, Conservation, Fish and
Game, Boating and Waterways, Delta
Stewardship Council, Parks and Recreation , Resources
Recycling and Recovery, and Water Resources; the State
Lands Commission; the Colorado River Board; the San Francisco Bay
Conservation and Development Commission; the Central Valley Flood
Protection Board; the Energy Resources Conservation and Development
Commission; the Wildlife Conservation Board; the Delta Protection
Commission; the Office of Exposition Park; the Native
American Heritage Commission; the California Conservation Corps; the
California Coastal Commission; the State Coastal Conservancy; the
California Tahoe Conservancy; the Santa Monica Mountains Conservancy;
the Coachella Valley Mountains Conservancy; the San Joaquin River
Conservancy; the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego
River Conservancy; and the Sierra Nevada Conservancy.
(b) No existing Existing supplies,
forms, insignias, signs, or logos shall not be destroyed
or changed as a result of changing the name of the Resources Agency
to the Natural Resources Agency, and those materials shall continue
to be used until exhausted or unserviceable.
SEC. 206. Section 12813.5 is added to the Government Code, to
read:
12813.5. The Public Employment Relations Board is in the Labor
and Workforce Development Agency.
SEC. 207. Section 12855 of the Government Code is amended to read:
12855. For the purpose of this chapter, "agency" means the
State Business and Consumer Services
Agency, the California Environmental Protection Agency,
the California Health and Welfare
Human Services Agency, or the
Natural Resources Agency, the Labor and Workforce
Development Agency, the Government Operations Agency, the
Transportation Agency, or the Youth and Adult
Correctional Agency the Corrections and Rehabilitation
Agency , and "secretary" means the secretary of any such
agency. The general powers of the Business, Transportation
and Housing Agency and its secretary are those specified in Part 4.5
(commencing with Section 13975).
SEC. 208. Section 12856 of the Government Code is amended to read:
12856. In addition to any other provision of law, the Secretary
of the State Business and Consumer
Services Agency may appoint an assistant, who is
exempt from the civil service laws. The secretary shall prescribe the
duties of such the appointed assistant
and shall fix the salary of such assistant subject to the approval
of the Director of Finance. Such The
appointed assistant shall serve at the pleasure of the
secretary.
SEC. 209. Section 12901 of the Government Code is amended to read:
12901. There is in the state government, in the State
Business and Consumer Services Agency, the
Department of Fair Employment and Housing. The department is under
the direction of an executive officer known as the Director of Fair
Employment and Housing, who is appointed by the Governor, subject to
confirmation by the Senate, and who holds office at the pleasure of
the Governor. The annual salary of the director is provided for by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2.
SEC. 210. Section 12944 of the Government Code is amended to read:
12944. (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability, or sexual orientation, unless
the practice can be demonstrated to be job related.
Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
(b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
(c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, sex, gender, gender identity, gender expression, age, or
sexual orientation or any intent to make any such limitation,
specification, or discrimination. Nothing in this subdivision shall
prohibit any licensing board from making, in connection with
prospective licensure or certification, an inquiry as to, or a
request for information regarding, the physical fitness of applicants
if that inquiry or request for information is directly related and
pertinent to the license or the licensed position the applicant is
applying for. Nothing in this subdivision shall prohibit any
licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or from
making inquiries related to reasonable accommodations.
(d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
(e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
(f) As used in this section, "licensing board" means any state
board, agency, or authority in the State
Business and Consumer Services Agency that has the authority to
grant licenses or certificates which are prerequisites to employment
eligibility or professional status.
SEC. 211. Section 13901 of the Government Code is amended to read:
13901. (a) There is within the State and Consumer
Services Government Operations Agency the
California Victim Compensation and Government Claims Board.
(b) The board consists of the Secretary of State and
Consumer Services Government Operations or his or
her designee and the Controller, both acting ex officio, and a third
member who shall be appointed by and serve at the pleasure of the
Governor. The third member may be a state officer who shall act ex
officio.
(c) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.
SEC. 212. Section 13903 of the Government Code is amended to read:
13903. The Secretary of the State and Consumer Services
Agency Government Operations shall serve as
chair of the board.
SEC. 213. Section 13975 of the Government Code is repealed.
13975. The Business and Transportation Agency in state government
is hereby renamed the Business, Transportation and Housing Agency.
The agency consists of the State Department of Alcoholic Beverage
Control, the Department of the California Highway Patrol, the
Department of Corporations, the Department of Housing and Community
Development, the Department of Motor Vehicles, the Department of Real
Estate, the Department of Transportation, the Department of
Financial Institutions, and the Board of Pilot Commissioners for the
Bays of San Francisco, San Pablo, and Suisun. The California Housing
Finance Agency is also located within the Business, Transportation
and Housing Agency, as specified in Division 31 (commencing with
Section 50000) of the Health and Safety Code.
SEC. 214. Section 13975 is added to the Government Code, to read:
13975. There is in the state government the Transportation
Agency. The agency consists of the Department of the California
Highway Patrol, the California Transportation Commission, the
Department of Motor Vehicles, the Department of Transportation, the
High-Speed Rail Authority, and the Board of Pilot Commissioners for
the Bays of San Francisco, San Pablo, and Suisun.
SEC. 215. Section 13978.6 of the Government Code is amended to
read:
13978.6. (a) The Secretary of the Business,
Transportation and Housing Agency shall be generally responsible for
the sound fiscal management of each department, office, or other unit
within the agency. The secretary shall review and approve the
proposed budget of each department, office, or other unit. The
secretary shall hold the head of each department, office, or other
unit responsible for management control over the administrative,
fiscal, and program performance of his or her department, office, or
other unit. The secretary shall review the operations and evaluate
the performance at appropriate intervals of each department, office,
or other unit, and shall seek continually to improve the organization
structure, the operating policies, and the management information
systems of each department, office, or other unit.
(b)
(a) There is in the Business, Transportation,
and Housing Business and Consumer Services
Agency a Department of Business Oversight containing the
Division of Corporations, which has the responsibility for
administering various laws. In order to effectively support the
Department Division of Corporations in
the administration of these laws, there is hereby established the
State Corporations Fund. All expenses and salaries of the
Department Division of Corporations shall be
paid out of the State Corporations Fund. Therefore, notwithstanding
any provision of any law administered by the Department
Division of Corporations declaring that fees,
reimbursements, assessments, or other money or amounts charged and
collected by the Department Division of
Corporations under these laws are to be delivered or transmitted to
the Treasurer and deposited to the credit of the General Fund,
on and after July 1, 1992, all fees,
reimbursements, assessments, and other money or amounts charged and
collected under these laws and attributable to the 1992-93
fiscal year and subsequent fiscal years shall be delivered
or transmitted to the Treasurer and deposited to the credit of the
State Corporations Fund.
(c) Funds appropriated from the State Corporations Fund and made
available for expenditure for any law or program of the
Department Division of Corporations may come
from the following:
(1) Fees and any other amounts charged and collected pursuant to
Section 25608 of the Corporations Code, except for fees and other
amounts charged and collected pursuant to subdivisions (o) to (r),
inclusive, of Section 25608 of the Corporations Code.
(2) Fees collected pursuant to subdivisions (a), (b), (c), and (d)
of Section 25608.1 of the Corporations Code.
SEC. 216. Section 13984 of the Government Code is amended to read:
13984. In order to ensure that Section 10240.3 of the Business
and Professions Code and Sections 215.5, 22171, and 50333 of the
Financial Code are applied consistently to all California entities
engaged in the brokering, originating, servicing, underwriting, and
issuance of nontraditional mortgage products, the secretary shall
ensure that the Commissioner Director of
Consumer Affairs or the Commissioner of Real Estate ,
the Commissioner of Financial Institutions, and the
Commissioner of Corporations Business
Oversight coordinate their policymaking and rulemaking efforts.
SEC. 217. Section 13995.20 of the Government Code, as amended by
Section 2 of Chapter 790 of the Statutes of 2006, is amended to read:
13995.20. Unless the context otherwise requires, the definitions
in this section govern the construction of this chapter.
(a) "Appointed commissioner" means a commissioner appointed by the
Governor pursuant to paragraph (2) of subdivision (b) of Section
13995.40.
(b) "Assessed business" means a person required to pay an
assessment pursuant to this chapter, and until the first assessment
is levied, any person authorized to vote for the initial referendum.
An assessed business shall not include a public entity or a
corporation when a majority of the corporation's board of directors
is appointed by a public official or public entity, or serves on the
corporation's board of directors by virtue of being elected to public
office, or both.
(c) "Commission" means the California Travel and Tourism
Commission.
(d) "Director" means the Director of the Governor's Office of
Business and Economic Development.
(d)
(e) "Elected commissioner" means a commissioner elected
pursuant to subdivision (d) of Section 13995.40.
(e)
(f) "Industry category" means the following
classifications within the tourism industry:
(1) Accommodations.
(2) Restaurants and retail.
(3) Attractions and recreation.
(4) Transportation and travel services.
(f)
(g) "Industry segment" means a portion of an industry
category. For example, rental cars are an industry segment of the
transportation and travel services industry category.
(g)
(h) "Office" means the Office of Tourism, also
popularly referred to as the Division of Tourism, within the
Business, Transportation and Housing Agency Governor'
s Office of Business and Economic Development .
(h)
(i) "Person" means an individual, public entity, firm,
corporation, association, or any other business unit, whether
operating on a for-profit or nonprofit basis.
(i)
(j) "Referendum" means any vote by mailed ballot of
measures recommended by the commission and approved by the
secretary director pursuant to Section 13995.60,
except for the initial referendum, which shall consist of measures
contained in the selection committee report, discussed in Section
13995.30.
(j) "Secretary" means the Secretary of Business, Transportation
and Housing.
(k) "Selection committee" means the Tourism Selection Committee
described in Article 3 (commencing with Section 13995.30).
(l) This section shall become inoperative on the date the
Secretary of Business, Transportation and Housing provides notice to
the Legislature and the Secretary of State and posts notice on its
Internet Web site that the conditions described in Section 13995.92
have been satisfied, and if the secretary provides those notices,
this section is repealed as of January 1, 2008, unless a later
enacted statute, that is enacted before January 1, 2008, deletes or
extends that date.
SEC. 218. Section 13995.30 of the Government Code is amended to
read:
13995.30. (a) The Governor shall appoint a Tourism Selection
Committee based upon recommendations from established industry
associations. The committee shall consist of 25 representatives, with
no fewer than six from each industry category. In selecting the
representatives, the Governor shall, to the extent possible, give
recognition to the diversity within each industry category. The
committee shall select a chairperson from among its members. The
office shall provide staffing for the committee.
(b) The selection committee shall convene on or before March 1,
1996. Not later than 150 days following the initial convening of the
committee, the committee shall issue a report listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) The target assessment level for the initial referendum.
(3) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data, and amounts to be levied
against industry segments shall bear an appropriate relationship to
the benefit derived from travel and tourism by those industry
segments.
(4) Assessment methodology and rate of assessment within each
industry segment, that may include, but is not limited to, a
percentage of gross revenue or a per transaction charge.
(5) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently.
(6) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(c) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(d) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (b)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (b), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (b).
(e) In order to be assessed, an industry segment must be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(f) It shall be the responsibility of the office to advertise
widely the selection committee process and to schedule public
meetings for potential assessed businesses to provide input to the
selection committee.
(g) The recommendations developed by the committee pursuant to
subdivision (b) shall be reviewed and approved by the
secretary director .
(h) The selection committee process and report are exempt from the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1).
SEC. 219. Section 13995.40 of the Government Code is amended to
read:
13995.40. (a) Upon approval of the initial referendum, the office
shall establish a nonprofit mutual benefit corporation named the
California Travel and Tourism Commission. The commission shall be
under the direction of a board of commissioners, which shall function
as the board of directors for purposes of the Nonprofit Corporation
Law.
(b) The board of commissioners shall consist of 37 commissioners
comprising the following:
(1) The secretary director , who
shall serve as chairperson.
(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession is
directly related to the tourism industry, shall be appointed by the
Governor. Each appointed commissioner shall represent only one of the
12 tourism regions designated by the office, and the appointed
commissioners shall be
selected so as to represent, to the greatest extent possible, the
diverse elements of the tourism industry. Appointed commissioners are
not limited to individuals who are employed by or represent assessed
businesses.
(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed commissioner
90 days following the date on which he or she ceases to meet both of
the eligibility criteria specified in subparagraph (A), unless the
commissioner becomes eligible again within that 90-day period.
(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an
assessed business.
(c) The commission established pursuant to Section 15364.52 shall
be inoperative so long as the commission established pursuant to this
section is in existence.
(d) Elected commissioners shall be elected by industry category in
a referendum. Regardless of the number of ballots received for a
referendum, the nominee for each commissioner slot with the most
weighted votes from assessed businesses within that industry category
shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his or
her term, the commission shall appoint a replacement from the same
industry category that the commissioner in question represented, and
that commissioner shall fill the remaining term of the commissioner
in question. The number of commissioners elected from each industry
category shall be determined by the weighted percentage of
assessments from that category.
(e) The secretary director may
remove any elected commissioner following a hearing at which the
commissioner is found guilty of abuse of office or moral turpitude.
(f) (1) The term of each elected commissioner shall commence July
1 of the year next following his or her election, and shall expire on
June 30 of the fourth year following his or her election. If an
elected commissioner ceases to be employed by or with an assessed
business in the category and segment which he or she was
representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he or she
ceases to be so employed, unless, within that 90-day period, the
commissioner again is employed by or with an assessed business in the
same category and segment.
(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.
(g) With the exception of the secretary
director , no commissioner shall serve for more than two
consecutive terms. For purposes of this subdivision, the phrase "two
consecutive terms" shall not include partial terms.
(h) Except for the original commissioners, all commissioners shall
serve four-year terms. One-half of the commissioners originally
appointed or elected shall serve a two-year term, while the remainder
shall serve a four-year term. Every two years thereafter, one-half
of the commissioners shall be appointed or elected by referendum.
(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the commissioners,
by adopted resolution, shall nominate a slate of candidates, and
shall include any additional candidates complying with the procedure
described in Section 13995.62.
(j) The commissioners shall elect a vice chairperson from the
elected commissioners.
(k) The commission may lease space from the office.
(l) The commission and the office shall be the official state
representatives of California tourism.
(m) All commission meetings shall be held in California.
(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement for
reasonable expenses incurred while on authorized commission business.
(o) Assessed businesses shall vote only for commissioners
representing their industry category.
(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve the
economic interests of those tourism segments and that the economic
interests of these members are the same as those of the public
generally.
(q) Commission meetings shall be subject to the requirements of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1).
(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep the
minutes and records of all commission meetings.
SEC. 220. Section 13995.42 of the Government Code is amended to
read:
13995.42. (a) The commission is a separate, independent
California nonprofit mutual benefit corporation. Except as provided
in Section 13995.43, the staff of the commission shall be employees
solely of the commission, and the procedures adopted by the
commission shall not be subject to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1).
(b) Not later than six months following the initial referendum,
the commission shall adopt procedures concerning the operation of the
commission in order to provide due process rights for assessed
businesses.
(c) In the event that the commission fails to adopt the procedures
described in subdivision (b) within the specified timeframe, the
secretary director shall adopt
procedures for use by the commission until the commission adopts its
own procedures. These procedures shall be exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1), whether adopted by the commission or
secretary director .
SEC. 221. Section 13995.43 of the Government Code is amended to
read:
13995.43. (a) The commission shall be administered by an
executive director. That individual shall be a tourism industry
marketing professional, recommended by a vote of the commissioners
and approved by the Governor. The executive director shall serve at
the pleasure of both the commissioners and the Governor.
(b) The executive director shall report to and receive overall
guidance from the commission, and shall implement the commission's
tourism marketing plan. The executive director shall report to the
secretary director for day-to-day
managerial and financial responsibilities.
(c) The executive director shall serve simultaneously
as the director of the office , with the title of
Deputy Secretary of Tourism of the Business, Transportation and
Housing Agency, and that individual
shall be an exempt employee, employed by the state. So long
as the commission is in existence, the only director of the office
shall be the executive director of the commission.
Notwithstanding any other provision of law, the executive director
may supervise both employees of the commission and employees of the
office, notwithstanding the fact that the commission employees are
employees solely of the commission.
(d) The salary and benefits of the executive director shall be
determined by the commission, and approved by the secretary
director , based upon industry standards for a
director of a marketing budget of similar size. The entire salary and
all benefits of the executive director shall be paid from
assessments.
SEC. 222. Section 13995.44 of the Government Code is amended to
read:
13995.44. (a) (1) The commission shall annually provide to all
assessed businesses a report on the activities and budget of the
commission including, but not limited to, income and expenses, the
fund balance, a summary of the tourism marketing plan, and a report
of progress in achieving the goals set forth in the plan. The
portions of the report that pertain to the commission's income and
expenses and the fund balance, as well as those other portions that
the commission may from time to time deem appropriate, shall be
audited by independent accountants retained by the commission for
this purpose.
(2) The commission's annual budget shall be subject to the review
and approval of the secretary director
. However, any decision of the secretary
director related to the budget may be overridden by a vote of
three-fifths or more of the commissioners then in office.
(b) The commission shall maintain a report on the percentage
assessment allocation between industry categories and industry
segments. The report shall also specify the reasons and methodology
used for the allocations. This report shall be updated every time the
assessment allocations are amended. The report shall be made
available to any assessed business.
SEC. 223. Section 13995.45 of the Government Code is amended to
read:
13995.45. (a) The commission shall annually prepare, or cause to
be prepared, a written marketing plan. In developing the plan, the
commission shall utilize, as appropriate, the advice and
recommendations of the industry marketing advisory committee or
committees established pursuant to subdivision (a) of Section
13995.47. The commission may amend the plan at any commission
meeting. All expenditures by the commission shall be consistent with
the marketing plan.
(b) The plan shall promote travel to and within California, and
shall include, but not be limited to, the following:
(1) An evaluation of the previous year's budget and activities.
(2) Review of California tourism trends, conditions, and
opportunities.
(3) Target audiences for tourism marketing expenditures.
(4) Marketing strategies, objectives, and targets.
(5) Budget for the current year.
(c) Before final adoption of the plan, the commission shall
provide each known destination marketing organization in California
notice of the availability of the proposed marketing plan and
suitable opportunity, which may include public meetings, to review
the plan and to comment upon it. The commission shall take into
consideration any recommendations submitted by the destination
marketing organizations, except that the final determination as to
the nature, extent, and substance of the plan shall in all respects
rest solely within the ultimate discretion of the commission, except
as provided in subdivision (d).
(d) The final adoption of the plan shall be subject to the review
and approval of the secretary director .
However, any decision of the secretary
director related to the plan may be overridden by a vote of
three-fifths or more of the commissioners then in office.
SEC. 224. Section 13995.50 of the Government Code is amended to
read:
13995.50. (a) The marketing of California tourism is hereby
declared to be affected with the public interest. This chapter is
enacted in the exercise of the police powers of this state for the
purpose of protecting the health, peace, safety, and general welfare
of the people of this state.
(b) The police powers shall be used to collect assessments not
paid by the deadlines established by the secretary
director .
SEC. 225. Section 13995.51 of the Government Code is amended to
read:
13995.51. (a) The following powers, and any other powers provided
in this act, with the exception of the exercising of police powers
and of that power enumerated in subdivision (b), shall be the
responsibility of the secretary director
and, when not exercised by the secretary
director , may be exercised by the commission:
(1) Call referenda in accordance with the procedures set forth in
Article 6 (commencing with Section 13995.60) and certify the results.
(2) Collect and deposit assessments.
(3) Exercise police powers.
(4) Pursue actions and penalties connected with assessments.
(b) Except as otherwise specified in this chapter, the
secretary director shall have veto power over
the actions of the commission, following consultation with the
commission, only under the following circumstances:
(1) Travel and expense costs.
(2) Situations where the secretary
director determines a conflict of interest exists, as defined
by the Fair Political Practices Commission.
(3) The use of any state funds.
(4) Any contracts entered into between the commission and a
commissioner.
SEC. 226. Section 13995.53 of the Government Code is amended to
read:
13995.53. The secretary director
may require any and all assessed businesses to maintain books and
records that reflect their income or sales as reflected in the
assessment, and to furnish the secretary
director with any information that may, from
time-to-time time to time , be requested by the
secretary director , and to permit the
inspection by the secretary director of
portions of books and records that relate to the amount of
assessment.
SEC. 227. Section 13995.54 of the Government Code is amended to
read:
13995.54. Information pertaining to assessed businesses obtained
by the secretary director pursuant to
this chapter is confidential and shall not be disclosed except to a
person with the right to obtain the information, any attorney hired
by the secretary director who is
employed to give legal advice upon it, or by court order. Information
obtained by the secretary director in
order to determine the assessment level for an assessed business is
exempt from the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
SEC. 228. Section 13995.55 of the Government Code is amended to
read:
13995.55. For the purpose of carrying out Section 13995.51, the
secretary director may hold hearings,
take testimony, administer oaths, subpoena witnesses, and issue
subpoenas for the production of books, records, or documents of any
kind.
SEC. 229. Section 13995.56 of the Government Code is amended to
read:
13995.56. A person shall not be excused from attending and
testifying, or from producing documentary evidence, before the
secretary director in obedience to the
subpoena of the secretary director
pursuant to the authority granted in Section 13995.55 on the ground,
or for the reason, that the testimony or evidence, documentary or
otherwise, which is required of him or her may tend to incriminate
the person or subject that person to a penalty. A natural person
shall not, however, be prosecuted or subjected to any penalty on
account of any transaction, matter, or thing concerning which he or
she may be required to testify, or produce evidence, documentary or
otherwise, before the secretary director
in obedience to a subpoena. A natural person testifying shall
not, however, be exempt from prosecution and punishment for perjury
committed in so testifying.
SEC. 230. Section 13995.60 of the Government Code, as added by
Section 8 of Chapter 790 of the Statutes of 2006, is amended to read:
13995.60. (a) As used in this article and Article 7 (commencing
with Section 13995.65), "assessment level" means the estimated gross
dollar amount received by assessment from all assessed businesses on
an annual basis, and "assessment formula" means the allocation method
used within each industry segment (for example, percentage of gross
revenue or percentage of transaction charges).
(b) Commencing on January 1, 2003, a referendum shall be called
every two years, and the commission, by adopted resolution, shall
determine the slate of individuals who will run for commissioner. The
resolution shall also cover, but not be limited to, the proposed
assessment level for each industry category, based upon specified
assessment formulae, together with necessary information to enable
each assessed business to determine what its individual assessment
would be. Commencing with the referendum held in 2007 and every six
years thereafter, the resolution shall also cover the termination or
continuation of the commission. The resolution may also include an
amended industry segment allocation formula and the percentage
allocation of assessments between industry categories and segments.
The commission may specify in the resolution that a special, lower
assessment rate that was set pursuant to subdivision (c) of Section
13995.30 for a particular business will no longer apply due to
changes in the unique circumstance that originally justified the
lower rate. The resolution may include up to three possible
assessment levels for each industry category, from which the assessed
businesses will select one assessment level for each industry
category by plurality weighted vote.
(c) The commission shall deliver to the secretary
director the resolution described in subdivision
(b). The secretary director shall call
a referendum containing the information required by subdivision (b)
plus any additional matters complying with the procedures of
subdivision (b) of Section 13995.62.
(d) When the secretary director
calls a referendum, all assessed businesses shall be sent a ballot
for the referendum. Every ballot that the secretary
director receives by the ballot deadline shall
be counted, utilizing the weighted formula adopted initially by the
selection committee, and subsequently amended by referendum.
(e) If the commission's assessment level is significantly
different from what was projected when the existing assessment
formula was last approved by referendum, a majority of members, by
weighted votes of an industry category, may petition for a referendum
to change the assessment formula applicable to that industry
category.
(f) If the referendum includes more than one possible assessment
rate for each industry category, the rate with the plurality of
weighted votes within a category shall be adopted.
(g) Notwithstanding any other provision of this section, if the
commission delivers to the secretary director
a resolution pertaining to any matter described in subdivision
(b), the secretary director shall call
a referendum at a time or times other than as specified in this
section. Each referendum shall contain only those matters contained
in the resolution.
(h) Notwithstanding any other provision of this section, the
secretary director shall identify, to
the extent reasonably feasible, those businesses that would become
newly assessed due to a change in category, segment, threshold, or
exemption status sought via referendum, and provide those businesses
the opportunity to vote in that referendum.
(i) This section shall become operative only if the Secretary of
Business, Transportation and Housing provides notice to the
Legislature and the Secretary of State and posts notice on its
Internet Web site that the conditions described in Section 13995.92
have been satisfied.
SEC. 231. Section 13995.63 of the Government Code is amended to
read:
13995.63. (a) Upon receipt of the resolution required by Section
13995.60, including any assessed business referendum request pursuant
to subdivision (a) of Section 13995.52 or Section 13995.62, the
secretary director shall establish a
referendum period not to exceed 60 days. If the secretary
director determines that the referendum period
so established does not provide sufficient time for the balloting,
the secretary director may extend the
referendum period not more than 15 additional days. At the close of
the referendum period, the secretary director
shall count and tabulate the ballots filed during the
referendum period.
(b) The secretary director shall
establish a deadline for adoption of the resolution described in
subdivision (a). If the commission fails to meet this deadline, or if
the adopted resolution fails to meet the requirements of this
chapter, then assessed businesses may present a slate of candidates
to the secretary director not later
than 60 days following the deadline established for the commission
resolution. A minimum of 10 percent of weighted voters shall sign the
document presenting the slate.
(c) In the event that the secretary
director does not receive a resolution required by Section
13995.60 from the commission by the deadline established pursuant to
subdivision (b) or the resolution does not comply with the
requirements of this chapter and the assessed businesses fail to
present a slate pursuant to subdivision (b), then the
secretary director shall select a slate of
commissioners and this slate, added to any assessed business
referendum requests pursuant to subdivision (a) of Section 13995.52
or Section 13995.62, shall constitute the items included in the
referendum.
SEC. 232. Section 13995.64 of the Government Code is amended to
read:
13995.64. (a) Each assessed business is entitled to a weighted
vote in each referendum. In calculating weighted votes, each assessed
business receives a vote equal to the relative assessment paid by
that business. An assessed business paying nine hundred dollars
($900) in annual assessments has three times the weighted vote of a
business paying three hundred dollars ($300). Weighted votes are used
to determine all issues on the referendum. The initial referendum,
and any referendum item to terminate the commission, must be approved
by a majority of the weighted votes cast at the referendum. The
amount of assessment and selection of commissioners is determined by
the most weighted votes, whether or not there is a majority.
(b) For purposes of voting in any referendum, each assessed
business is part of one industry category and one industry segment,
and for voting purposes only, a business with revenue in more than
one industry category or industry segment shall only be included in
the category and segment in which it earns the most gross revenue.
(c) Each assessed business is eligible to vote for each item on
the referendum, except that an assessed business can only vote for
commissioners representing its industry category, and industry
segment formulae for its industry segment.
(d) A business is not eligible to vote unless it has paid all
assessments and fines outstanding as of a date established by the
secretary director .
SEC. 233. Section 13995.65 of the Government Code is amended to
read:
13995.65. (a) Each industry category shall establish a committee
to determine the following within its industry category: industry
segments, assessment formula for each industry segment, and any types
of business exempt from assessment. The initial segment committees
shall consist of the subcommittee for that category as described in
subdivision (d) of Section 13995.30. Following approval of the
assessment by referendum, the committees shall be selected by the
commission, based upon recommendations from the tourism industry.
Committee members need not be commission members.
(b) The committee recommendations shall be presented to the
commission or selection committee, as applicable. The selection
committee may adopt a resolution specifying some or all of the items
listed in subdivision (a), plus an allocation of the overall
assessment among industry categories. The commission may adopt a
resolution specifying one or more of the items listed in subdivision
(a), plus an allocation of the proposed assessment. The selection
committee and commission are not required to adopt the findings of
any committee.
(c) The initial industry category and industry segment allocations
shall be included in the selection committee report required by
subdivision (b) of Section 13995.30. Changes to the industry segment
allocation formula may be recommended to the commission by a segment
committee at the biennial commission meeting scheduled to approve the
referendum resolution pursuant to Section 13995.60. At the same
meeting, the commission may amend the percentage allocations among
industry categories. Any item discussed in this section that is
approved by resolution of the commission, except amendments to the
percentage allocations among industry categories, shall be placed on
the next referendum, and adopted if approved by the majority of
weighted votes cast.
(d) Upon approval by referendum, the office shall mail an
assessment bill to each assessed business. The secretary
director shall determine how often assessments
are collected, based upon available staffing resources. The
secretary director may stagger the assessment
collection throughout the year, and charge businesses a prorated
amount of assessment because of the staggered assessment period. The
secretary director and office shall not
divulge the amount of assessment or weighted votes of any assessed
businesses, except as part of an assessment action.
(e) An assessed business may appeal an assessment to the
secretary director based upon the fact that the
business does not meet the definition established for an assessed
business within its industry segment or that the level of assessment
is incorrect. An appeal brought under this subdivision shall be
supported by substantial evidence submitted under penalty of perjury
by affidavit or declaration as provided in Section 2015.5 of the Code
of Civil Procedure. If the error is based upon failure of the
business to provide the required information in a timely manner, the
secretary director may impose a fee for
reasonable costs incurred by the secretary
director in correcting the assessment against the business as a
condition of correcting the assessment.
(f) Notwithstanding any other provision of law, an assessed
business may pass on some or all of the assessment to customers. An
assessed business that is passing on the assessment may, but shall
not be required to, separately identify or itemize the assessment on
any document provided to a customer. Assessments levied pursuant to
this chapter and passed on to customers are not part of gross
receipts or gross revenue for any purpose, including the calculation
of sales or use tax and income pursuant to any lease. However,
assessments that are passed on to customers shall be included in
gross receipts for purposes of income and franchise taxes.
(g) For purposes of calculating the assessment for a business with
revenue in more than one industry category or industry segment, that
business may elect to be assessed based on either of the following:
(1) The assessment
methodology and rate of assessment applicable to each category or
segment, respectively, as it relates to the revenue that it derives
from that category or segment.
(2) With respect to its total revenue from all industry categories
or segments, the assessment methodology and rate of assessment
applicable to the revenue in the category and segment in which it
earns the most gross revenue.
(h) (1) A person sharing common ownership, management, or control
of more than one assessed business may elect to calculate,
administer, and pay the assessment owed by each business by any of
the following methods:
(A) Calculated on the basis of each individual business location.
(B) Calculated on the basis of each business, or each group of
businesses, possessing a single federal employer identification
number, regardless of the number of locations involved.
(C) Calculated on the basis of the average aggregate percentage of
tourism-related gross revenue received by all of the person's
businesses in a particular industry segment or industry category
during the period in question, multiplied by the total aggregate
tourism-related gross revenue received by all of the businesses, and
then multiplied by the appropriate assessment formula. For example,
if a person sharing common ownership, management, or control of more
than one assessed business in the retail industry segment calculates
that the average percentage of tourism-related gross revenue received
by all of its locations equals 6 percent during the period in
question, that person may multiply all of the gross revenue received
from all of those locations by 6 percent, and then multiply that
product by the applicable assessment formula.
(D) Calculated on any other basis authorized by the
secretary director .
(2) Except as the secretary director
may otherwise authorize, the methods in subparagraphs
subparagraph (B), (C), or (D) of paragraph
(1) shall not be used if the aggregate assessments paid would
be less than the total assessment revenues that would be paid if the
method in subparagraph (A) of paragraph (1) were used.
SEC. 234. Section 13995.68 of the Government Code is amended to
read:
13995.68. (a) The secretary director
shall establish a list of businesses to be assessed and the
amount of assessment owed by each. The secretary
director shall collect the assessment from all assessed
businesses, and in collecting the assessment the secretary
director may exercise the police powers and
bring enforcement actions.
(b) Funds collected by the secretary
director shall be deposited into the account of the commission.
This account shall not be an account of the state government.
(c) Any costs relating to the collection of assessments incurred
by the state shall be reimbursed by the commission.
SEC. 235. Section 13995.69 of the Government Code is amended to
read:
13995.69. (a) The office shall develop a list of California
businesses within each segment included within the report required by
subdivision (b) of Section 13995.30, periodically updated. Other
state agencies shall assist the office in obtaining the names and
addresses of these businesses.
(b) The office shall mail to each business identified pursuant to
subdivision (a) a form requesting information necessary to determine
the assessment for that business. Any business failing to provide
this information in a timely manner shall be assessed an amount
determined by the secretary director to
represent the upper assessment level for that segment.
(c) The office, in consultation with the commission, shall
establish by regulation the procedure for assessment collection.
SEC. 236. Section 13995.71 of the Government Code is amended to
read:
13995.71. Any assessment levied as provided in this chapter is a
personal debt of every person so assessed and shall be due and
payable to the secretary director . If
any assessed person fails to pay any assessment, the
secretary director may file a complaint against
the person in a state court of competent jurisdiction for the
collection of the assessment.
SEC. 237. Section 13995.72 of the Government Code is amended to
read:
13995.72. If any assessed business that is duly assessed pursuant
to this chapter fails to pay to the secretary
director the assessed amount by the due date, the
secretary director may add to the unpaid
assessment an amount not to exceed 10 percent of the unpaid
assessment to defray the cost of enforcing the collection of the
unpaid assessment. In addition to payment for the cost of enforcing a
collection, the assessed business shall pay to the
secretary director a penalty equivalent to the
lesser of either the maximum amount authorized by Section 1 of
Article XV of the California Constitution or 5 percent for each 30
days the assessment is unpaid, prorated over the days unpaid,
commencing 30 days after the notice has been given to the assessed
business of his or her its failure to
pay the assessment on the date required, unless the
secretary director determines, to his or her
satisfaction, that the failure to pay is due to reasonable cause
beyond the control of the assessed business.
SEC. 238. Section 13995.73 of the Government Code is amended to
read:
13995.73. The secretary director
may require assessed businesses to deposit with him or her in advance
the following amounts:
(a) An amount for necessary expenses.
(b) An amount that shall not exceed 25 percent of the assessment
to cover costs that are incurred prior to the receipt of sufficient
funds from the assessment.
(c) The amount of any deposit that is required by the
secretary director shall be based upon the
estimated assessment for the assessed business.
SEC. 239. Section 13995.74 of the Government Code is amended to
read:
13995.74. In lieu of requiring advance deposits pursuant to
Section 13995.73, or in order generally to provide funds for
defraying administrative expenses or the expenses of implementing the
tourism marketing plan until the time that sufficient moneys are
collected for this purpose from the payment of the assessments that
are established pursuant to this chapter, the secretary
director may receive and disburse for the
express purposes contributions that are made by assessed businesses.
If, however, collections from the payment of established assessments
are sufficient to so warrant, the secretary
director shall authorize the repayment of contributions, or
authorize the application of the contributions to the assessment
obligations of persons that made the contributions.
SEC. 240. Section 13995.75 of the Government Code is amended to
read:
13995.75. Upon termination of the commission, any remaining funds
that are not required by the secretary
director to defray commission expenses shall be returned by the
secretary director upon a pro rata
basis, to all persons from whom the assessments were collected unless
the secretary director finds that the
amounts to be returned are so small as to make impractical the
computation and remitting of the pro rata refund to the appropriate
persons. If the secretary director
makes a finding that returning the remaining funds would be
impractical, he or she may use the moneys in the fund to defray the
costs of the office.
SEC. 241. Section 13995.77 of the Government Code is amended to
read:
13995.77. A business is exempt from the assessments provided for
in this chapter if any of the following apply:
(a) The business is a travel agency or tour operator that derives
less than 20 percent of its gross revenue annually from travel and
tourism occurring within the state. A travel agency or tour operator
that qualifies for this exemption may participate as an assessed
business by paying an assessment calculated on the same basis
applicable to other travel agencies or tour operators, respectively,
and by filing a written request with the secretary
director indicating its desire to be categorized as an
assessed business.
(b) The business is a small business. For purposes of this
section, "small business" means a business location with less than
one million dollars ($1,000,000) in total California gross annual
revenue from all sources. This threshold amount may be lowered, but
never to less than five hundred thousand dollars ($500,000), by means
of a referendum conducted pursuant to Section 13995.60; however, the
secretary director may elect to forgo
assessing a business for which the expense incurred in collecting the
assessment is not commensurate with the assessment that would be
collected.
(c) The assessments provided for in this chapter shall not apply
to the revenue of regular route intrastate and interstate bus
service: provided, however, that this subdivision shall not be deemed
to exclude any revenue derived from bus service that is of a type
that requires authority, whether in the form of a certificate of
public convenience and necessity, or a permit, to operate as a
charter-party carrier of passengers pursuant to Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code.
(d) Any business exempted pursuant to this section may enter into
a contract for voluntary assessments pursuant to Section 13995.49.
SEC. 242. Section 13995.82 of the Government Code is amended to
read:
13995.82. (a) When the secretary director
makes a determination that an assessment is deficient as to
the payment due, the secretary director
may determine the amount of the deficiency, including any applicable
penalty, as provided in this chapter. After giving notice that a
deficiency determination is proposed and an opportunity to file a
report or provide supplemental information is provided, the
secretary director may make one or more
deficiency determinations of the amount due for any reporting period
based on information in the secretary's
director's possession. When an assessed business is
discontinued, a deficiency determination may be made at anytime
thereafter as to the liability arising out of the operation of that
business.
(b) The secretary director shall
give notice of the proposed deficiency determination and the notice
of deficiency determination by mailing a copy of the deficiency to
the assessed business at the current address for that business on
file with the secretary director . The
giving of notice is complete at the time of deposit in the United
States mail. In lieu of mailing, a notice may be served personally by
delivering it to the person to be served.
(c) Except in the case of fraud or failure to file required
information, a notice of a deficiency determination shall be given
within four years of the accrual of the deficiency.
(d) The person against whom a deficiency determination is made may
petition the secretary director for
redetermination within 30 days after the serving of the notice of
deficiency determination. If a petition is not filed within 30 days,
the deficiency determination shall become final.
(e) A petition for redetermination shall be in writing, state the
specific grounds upon which it is based, and be supported by
applicable records and declarations under penalty of perjury that the
information supporting the petition is accurate and complete. If a
petition for redetermination is duly filed, the secretary
director shall reconsider the deficiency
determination and may grant a hearing thereon. The secretary
director shall, as soon as practicable, make an
order on redetermination, which shall become final 30 days after
service of notice of the order of redetermination upon the
petitioner. The notice of the order shall be served in the same
manner as the notice of the original deficiency determination.
(f) If any amount required to be paid pursuant to a deficiency
determination or redetermination is not paid within the time
specified in the notice thereof, the secretary
director may, within four years thereafter, file in the
Superior Court in the County of Sacramento, or the superior court in
any other county, a certificate specifying the amount required to be
paid, the name and address of the person liable as it appears on the
records of the secretary director , and
a request that judgment be entered against the person in that amount
30 days after the filing. Notice of the filing shall be given in the
same manner as for the notice of deficiency determination. The court
shall enter a judgment in conformance with the secretary's
director's certificate 30 days after its filing,
unless a petition for judicial review has been filed within the
30-day period.
(g) An abstract of the judgment, or a copy thereof, may be filed
with the county recorder of any county. From the time of filing of
the judgment, the amount of the judgment constitutes a lien upon all
of the property in the county owned by the judgment debtor. The lien
has the force, effect and priority of a judgment lien and shall
continue for 10 years from the date of the judgment, unless sooner
released or otherwise discharged. The lien imposed by this section is
not valid insofar as personal property is concerned against a
purchaser of value without actual knowledge of the lien.
(h) Execution shall issue upon the judgment upon request of the
secretary director in the same manner
as execution may issue upon other judgments, and sales shall be held
under execution as prescribed in the Code of Civil Procedure.
(i) The person named in a notice of deficiency determination or
redetermination may, within 30 days of the notice of filing with the
superior court, file an action for judicial review thereof, as
provided herein, in the Superior Court in the County of Sacramento
or, with the secretary's director's
consent, the superior court in any other county. As a condition of
staying entry of judgment or granting other relief, the court shall
require the filing of a corporate surety bond with the
secretary director in the amount of the
deficiency stated in the certificate. In any court proceeding, the
certificate of the secretary director
determining the deficiency shall be prima facie evidence of the fee
and the amount due and unpaid.
(j) The provisions of this section are supplemental to any other
procedures for collection and imposition of fees and penalties
provided by this chapter.
(k) In lieu of proceeding pursuant to this section, the
secretary director may file a complaint for
collection of unpaid assessments as provided by law.
SEC. 243. Section 13995.83 of the Government Code is amended to
read:
13995.83. It is a violation of this chapter for any person to
willfully render or furnish a false or fraudulent report, statement,
or record that is required by the secretary
director pursuant to any provision of this chapter.
SEC. 244. Section 13995.84 of the Government Code is amended to
read:
13995.84. Any suit brought by the secretary
director to enforce any provision of this chapter, or any
regulation, or rule and regulation, that is issued by the
secretary director shall provide that the
defendant pay to the secretary director
the costs that were incurred by the secretary
director and by the commission in the prosecution of the
action in the event the secretary director
prevails in the action. Any money that is recovered shall
reimburse the account or accounts used to pay the costs.
SEC. 245. Section 13995.102 of the Government Code is amended to
read:
13995.102. (a) The Los Angeles County Board of Supervisors shall
appoint the Los Angeles County Tourism Selection Committee to consist
of persons, or principals of entities, from within the industry
categories that are to be assessed, based upon recommendations from
established industry associations and destination marketing
organizations within Los Angeles County.
(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair and
any other officers it deems advisable.
(c) The county selection committee shall convene within 150 days
after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee shall
issue a report and recommendations listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.
(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.
(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel and
tourism.
(5) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (c), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (c).
(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process and to
schedule public meetings for potential assessed businesses to provide
input to the selection committee.
(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(i) The Los Angeles Convention and Visitors Bureau shall be asked
to supply staff support to the county selection committee. The
Office of Tourism within the Business, Transportation and
Housing Agency Governor's Office of Business and
Economic Development shall not be required to supply staff
support to the county selection committee.
SEC. 246. Section 13995.110 of the Government Code is amended to
read:
13995.110. (a) No referendum required under this article shall be
undertaken until any of the following occurs, whichever is earliest:
(1) A statewide referendum held pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.
(2) Two statewide referenda have been held pursuant to this
chapter.
(3) July 1, 1998.
(b) Referenda required under this article shall be conducted in a
similar manner as provided in Article 6 (commencing with Section
13995.60 13995.60) as follows:
(1) The county commission shall undertake all duties, and act in
all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Secretary of Business, Transportation and Housing
Director of the Governor's Office of Business and Economic
Development .
(2) The initial assessment target for the county commission shall
be set by the county selection committee.
(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.
(4) Each referendum may cover one or more of the following
subjects:
(A) Assessment level based upon specified assessment formula.
(B) Amended industry segment allocation formulae.
(C) Percentage allocation of assessments between industry
categories and segments.
(D) Election of county commissioners subject to election by
referendum.
(E) Termination of the county commission.
(F) Whether to establish, continue, or reestablish an assessment.
(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission may
reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from the
initial referendum.
SEC. 247. Section 13995.116 of the Government Code is amended to
read:
13995.116. This article is subject to Article 8 (commencing with
Section 13995.80) and Article 9 (commencing with Section 13995.90)
except that, as to Article 8, either the county or the county
treasurer/tax collector, as designated in this article, shall act in
the place of the Secretary of Business, Transportation and
Housing Director of the Governor's Office of Business
and Economic Development in all respects.
SEC. 248. Section 14001 of the Government Code is amended to read:
14001. There is in the Business, Transportation and
Housing Agency Transportation Agency a
Department of Transportation.
Any reference in any law or regulation to the Department of Public
Works shall be deemed to refer to the Department of Transportation.
SEC. 249. Section 14002.5 of the Government Code is amended to
read:
14002.5. As used in this part, unless the context otherwise
requires:
(a) "Department" means the Department of Transportation.
(b) "Director" means the Director of Transportation.
(c) "Secretary" means the Secretary of the Business,
Transportation and Housing Agency
Transportation .
(d) "Board" or "commission" means the California Transportation
Commission.
(e) "Displaced worker" means individuals eligible for assistance
pursuant to Section 15076 of the Unemployment Insurance Code.
SEC. 250. Section 14500 of the Government Code is amended to read:
14500. There is in the state government
Transportation Agency a California Transportation Commission.
SEC. 251. Section 14520 of the Government Code is amended to read:
14520. The commission shall advise and assist the Secretary of
the Business, Transportation and Housing Agency
Transportation and the Legislature in formulating and
evaluating state policies and plans for transportation programs in
the state.
SEC. 252. Section 14601 of the Government Code is amended to read:
14601. There is in the state government, in the State
and Consumer Services Government Operations
Agency, the Department of General Services.
SEC. 253. Section 14998.2 of the Government Code is amended to
read:
14998.2. (a) There is in the Business, Transportation,
and Housing Agency Governor's Office of Business and
Economic Development , the California Film Commission
consisting of 26 members. The Governor shall appoint 13 members, the
Senate Committee on Rules shall appoint four members, the Speaker of
the Assembly shall appoint four members, and five members shall be ex
officio. The members of the commission appointed by the Governor may
include representatives of state and local government, motion
picture development companies, employee and professional
organizations composed of persons employed in the motion picture
industry, and other appropriate members of this or related
industries.
All members of the commission, except legislators who are
appointed either by the Senate Committee on Rules or by the Speaker
of the Assembly, shall serve at the pleasure of the appointing
authority for a term of two years from the effective date of the
appointment.
(b) (1) One of the members appointed by the Senate Committee on
Rules shall, and another one may, be a Senator and one of the members
appointed by the Speaker of the Assembly shall, and another one may,
be a Member of the Assembly. These persons shall be appointed for
terms of four years.
(2) Of the legislators appointed to the commission, no more than
three legislators from the same political party may be appointed to
or serve on the commission at the same time.
(c) Any legislator appointed shall serve as a voting member of the
commission, and shall meet with, and participate in the activities
of, the commission to the extent that participation is not
incompatible with his or her position as a Member of the Legislature,
but shall only serve in that capacity while concurrently serving as
a Member of the Legislature. Whenever a legislator vacates an office,
the appointing power shall appoint another person for a new full
term.
(d) Six of the 13 members appointed by the Governor shall be as
follows:
(1) One shall be a person who is a member or employee of a union
or guild of motion picture artists.
(2) One shall be a person who is a member or employee of a union
or guild representing motion picture craftsmen, technicians, or
photographers.
(3) Two shall be from major motion picture studios.
(4) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of at least two million people.
(5) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of less than two million
people.
(e) The Director of Transportation shall serve as an ex officio
nonvoting member.
(f) The Director of Parks and Recreation shall serve as an ex
officio nonvoting member.
(g) The Commissioner of the California Highway Patrol shall serve
as an ex officio nonvoting member.
(h) The State Fire Marshal shall serve as an ex officio nonvoting
member.
(i) The director of the commission shall serve as an ex officio
nonvoting member.
SEC. 254. Section 15251 of the Government Code is amended to read:
15251. Unless the context requires otherwise, as used in this
part, the following terms shall have the following meanings:
(a) "Agency" "Department" means the
California Department of Technology
Agency .
(b) "Division" means the Public Safety Communications Division
established by this part.
SEC. 255. Section 15254 of the Government Code is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
agency department shall not be used for
political, sectarian, or propaganda purposes. The facilities shall
not be used for the purpose of broadcasts intended for the general
public, except for fire, flood, frost, storm, catastrophe, and other
warnings and information for the protection of the public safety as
the agency department may prescribe.
SEC. 256. Section 15275 of the Government Code is amended to read:
15275. The agency department may do
all of the following:
(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies regarding public safety communications
issues.
(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications facilities
within this state.
(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.
(e) Carry out the policy of this part.
SEC. 257. Section 15277 of the Government Code is amended to read:
15277. The Public Safety Communications Division is established
within the agency department . The
duties of the division shall include, but not be limited to, all of
the following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that procurements
are compatible throughout state agencies and are consistent with the
state's strategic and tactical plans for public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the California Office of
Emergency Management Agency Services ,
National Guard, health and safety agencies, and others with primary
public safety communications programs.
(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the "State of
California."
(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be available to
all public agencies in the state on terms that may be agreed upon by
the public agency and the division.
(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems operated by
the state, except microwave equipment used exclusively for traffic
signal and signing control, traffic metering, and roadway
surveillance systems. To accomplish that purpose, the division is
authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient microwave
communications systems. Any system established shall be available to
all public safety agencies in the state on terms that may be agreed
upon by the public agency and the division.
(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing with
Section 15150) of Part 6.
SEC. 258. Section 15363.61 of the Government Code is amended to
read:
15363.61. (a) The Legislature finds and declares as follows:
(1) The entertainment industry is one of California's leading
industries in terms of employment and tax revenue.
(2) While film, television, and commercial production in
California has expanded over the years, other states and countries
actively compete for California production business. It is generally
acknowledged that certain segments of the industry, mainly film and
television production, are especially hard hit in California. The
Legislature finds that this is due to assertive efforts of other
states and countries, offering various incentives for filming outside
of California. As a result of increased marketing efforts by other
states and countries, unemployment in certain film industry sectors
and a reduction of film business has occurred within California.
(3) Recognizing the vital role the entertainment industry plays in
California's economy, legislation enacted in 1985 created the
California Film Commission within the Business,
Transportation and Housing Agency to facilitate, retain,
and attract filming in California.
(4) In order to stop the decline of California film production, it
is necessary and appropriate to assist in the underwriting of actual
costs incurred by production companies to film in California and to
provide opportunities for production companies and other film
industry companies to lease property owned by the State of California
at below market rates.
(5) Providing the funds designated under this program, and leasing
property owned by the State of California at below market rates is
in the public interest and serves a public purpose, and providing
incentives to production companies and other film industry companies
will promote the prosperity, health, safety, and welfare of the
citizens of the State of California.
(b) It is the intent of the Legislature that, commencing with the
2002-03 fiscal year, funding for the program from the General Fund
shall not exceed the General Fund funding level for the prior fiscal
year.
SEC. 259. Section 15363.62 of the Government Code is amended to
read:
15363.62. For purposes of this chapter, the following meanings
shall apply:
(a) "Agency" means the Business, Transportation and Housing
Agency, which includes the California Film Commission.
(b)
(a) "Film" means any commercial production for motion
picture, television, commercial, or still photography.
(c)
(b) "Film costs" means the usual and customary charges
by a public agency connected with the production of a film, limited
to any of the following:
(1) State employee costs.
(2) Federal employee costs.
(3) Federal, state, University of California, and California State
University permits and rental costs.
(4) Local public entity employee costs.
(5) Local property use fees.
(6) Rental costs for equipment owned and operated by a public
agency in connection with the film.
(d)
(c) "Fund" means the Film California First Fund,
established pursuant to Section 15363.74.
(d) "Office" means the Governor's Office of Business and Economic
Development, which includes the California Film Commission.
(e) "Production company" means a company, partnership, or
corporation, engaged in the production of film.
(f) "Program" means the Film California First Program established
pursuant to this chapter.
(g) "Public agency" means any of the following:
(1) The State of California, and any of its agencies, departments,
boards, or commissions.
(2) The federal government, and any of its agencies, departments,
boards, or commissions.
(3) The University of California.
(4) The California State University.
(5) California local public entities.
(6) Any nonprofit corporation acting as an agent for the recovery
of costs incurred by any of the entities listed in this subdivision.
SEC. 260. Section 15363.63 of the Government Code is amended to
read:
15363.63. (a) (1) Except as provided in paragraph (2), the
Business, Transportation and Housing Agency
office may pay and reimburse the film costs incurred by a
public agency, subject to an audit. The director of the commission
shall develop alternate procedures for the reimbursement of public
agency costs incurred by the production company. The
Business, Transportation and Housing Agency office
shall only reimburse actual costs incurred and may not
reimburse for duplicative costs.
(2) Notwithstanding paragraph (1), the Business,
Transportation and Housing Agency office shall
not reimburse costs at rates exceeding those in effect as of January
1, 2002.
(b) Notwithstanding any other provision of law, the Controller
shall pay any program invoice received from the agency
office that contains documentation detailing the
film costs, and if the party requesting payment or reimbursement is
a public agency, a certification that the invoice is not duplicative
cost recovery, and an agreement by the public agency that the
Business, Transportation and Housing Agency
office may audit the public agency for invoice compliance with
the program requirements.
(c) (1) Not more than three hundred thousand dollars ($300,000)
shall be expended to pay or reimburse costs incurred on any one film.
(2) In developing the procedures and guidelines for the program,
the commission may, in consultation with interested public agencies,
establish limits on per day film costs that the state will reimburse.
A consultation and comment period shall begin on January 1, 2001,
and shall end 30 days thereafter.
(d) (1) Upon receipt of all necessary film costs documentation
from a public agency, the Business, Transportation and
Housing Agency office shall transmit the
appropriate information to the Controller for payment of the film
costs within 30 days.
(2) Public agencies shall be entitled to reimbursement for certain
administrative costs, to be determined by the director of the
commission, incurred while participating in the program. The
reimbursement for administrative costs shall not exceed 1 percent of
the total amount of the invoices submitted. Reimbursement shall have
an annual cap imposed of not more than ten thousand dollars ($10,000)
per public agency participating in the program. Contracted agents
working on behalf of two or more public agencies shall have a cap of
not more than twenty thousand dollars ($20,000) annually.
(e) The commission shall prepare annual preliminary reports to be
submitted to the Joint Legislative Budget Committee in regard to the
program prior to the adoption of the annual Budget Act. The reports
shall include a list of all entities that received funds from the
program, the amounts they received, and the public services that were
reimbursed. The commission shall prepare and submit a final report
to the committee no later than January 1, 2004.
(f) The commission shall, in consultation with the Department of
Industrial Relations and the Employment Development Department,
contract with an independent audit firm or qualified academic expert,
to prepare a report to be submitted to the Joint Legislative Budget
Committee no later than January 1, 2004, that identifies the
beneficiaries of expenditures from the Film California First Fund,
and determines the impact of these expenditures on job retention and
job creation in California.
SEC. 261. Section 15700 of the Government Code is amended to read:
15700. There is in the state government, in the
Agriculture and Services Government Operations
Agency, a Franchise Tax Board consisting of the State
Controller, the Director of Finance , and the
Chairman Chairperson of the State Board
of Equalization. The Franchise Tax Board is the successor to, and is
vested with, all of the duties, powers, purposes, responsibilities,
and jurisdiction of the Franchise Tax Commissioner, but the statutes
and laws under which that office existed and all laws prescribing the
duties, powers, purposes, responsibilities , and
jurisdiction of that office, together with all lawful rules and
regulations established thereunder, are expressly continued in force.
"Franchise Tax Commissioner" when used in any statute, law, rule
, or regulation now in force, or that may hereafter be
enacted or adopted, means the Franchise Tax Board. No action to which
the Franchise Tax Commissioner is a party shall abate by reason
hereof but shall continue in the name of the Franchise Tax Board, and
the Franchise Tax Board shall be substituted for the Franchise Tax
Commissioner by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
Notwithstanding any other provision of the law to the contrary,
any directive or regulation adopted by the Franchise Tax Board shall
take precedence over any directive or regulation adopted by its
executive officer.
SEC. 262. Section 16304.9 of the Government Code is amended to
read:
16304.9. (a) Upon the effective date of an act
transferring any of the powers or duties of any state officer or
agency to another state officer or agency, the Department of Finance
shall determine the portion remaining of any appropriation which was
intended to be used for the performance of such powers or duties, and
shall certify this amount to the State Controller. The State
Controller shall thereupon transfer such amount to the state officer
or agency to which such powers or duties were transferred.
(b) The Department of Finance shall make the final determination
of the budgetary and accounting transactions and treatments to ensure
proper implementation of reorganization, mergers, or the elimination
of state entities, offices, or agencies.
SEC. 263. Section 18521 of the Government Code is amended to read:
18521. "Board" means the agency created by Section 2 of Article
VII of the Constitution and includes the "State Personnel Board"
provided in Section 2(a) and the "executive officer" provided in
Section 2(c) thereof. The board shall be within the Government
Operations Agency.
SEC. 264. Section 19815.25 is added to the Government Code, to
read:
19815.25. The Department of Human Resources, as established on
July 1, 2012, is hereby established within the Government Operations
Agency.
SEC. 265. Section 20002 of the Government Code is amended to read:
20002. The Public Employees' Retirement System created by Chapter
700 of the Statutes of 1931, as amended, is continued in existence
under this part. This system is a unit of the State and
Consumer Services Government Operations Agency.
SEC. 266. Section 53108.5 of the Government Code is amended to
read:
53108.5. "Division," as used in this article, means the Public
Safety Communications Division within the California
Department of Technology Agency
.
SEC. 267. Section 53126.5 of the Government Code is amended to
read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(b) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a local public agency
such as street maintenance and animal control.
(c) "Public Safety Communications Division" means the Public
Safety Communications Division within the California
Department of Technology Agency
.
SEC. 268. Section 63021 of the Government Code is amended to read:
63021. (a) There is within the Business, Transportation
and Housing Agency Governor's Office of Business and
Economic Development the Infrastructure and Economic
Development Bank which shall be responsible for administering this
division.
(b) The bank shall be under the direction of an executive director
appointed by the Governor, and who shall serve at the pleasure of
the Governor. The appointment shall be subject to confirmation by the
Senate.
SEC. 269. 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
Director of the Governor's Office of Economic and
Business Development 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
Transportation 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. 270. Section 65037.1 of the Government Code is repealed.
65037.1. The position of the Secretary of Service and
Volunteering is hereby established in state government in the Office
of Planning and Research. The secretary shall be appointed by, and
serve at the pleasure of, the Governor. The appointment of the
secretary shall be subject to Senate confirmation.
SEC. 271. Section 31 of the Harbors and Navigation Code is
repealed.
31. "Commission" means the Boating and Waterways Commission.
SEC. 272. Section 32 of the Harbors and Navigation Code is amended
to read:
32. "Department" or "Division " means the
Department Division of Boating and
Waterways in the Department of Parks and Recreation .
SEC. 273. Section 33 of the Harbors and Navigation Code is amended
to read:
33. "Director" or "Deputy director" means the
Director Deputy Direc tor of Boating
and Waterways.
SEC. 274. Section 50 of the Harbors and Navigation Code is amended
to read:
50. (a) The Department of Harbors and Watercraft and
its successor, the Department of Navigation and Ocean Development,
and the Department of Boating and Waterways are continued
in existence in the Resources Agency
Department of Parks and Recreation as the Department
Division of Boating and Waterways. The
Department Division of Boating and Waterways is
the successor to, and is vested with, the powers, functions, and
jurisdiction of the following state departments and agencies as
hereinafter specified:
(a)
(1) All of the powers, functions, and
jurisdiction previously vested in the Division of Small Craft Harbors
of the Department of Parks and Recreation.
(b)
(2) All of the powers, functions, and
jurisdiction of the State Lands Commission with respect to the
acquisition, construction, development, improvement, maintenance, and
operation of small craft harbors.
(c)
(3) All of the powers, functions, and
jurisdiction of the Department of Parks and Recreation with respect
to boating facility planning, design, and construction, except as
specifically provided with respect to boating trails in the
California Recreational Trails Act (commencing with Section 5070 of
the Public Resources Code) and in Article 2.6 (commencing with
Section 68) of this chapter.
(d)
(4) All of the powers, functions, and
jurisdiction of the Office of Architecture and Construction in the
Department of General Services with respect to boating facility
planning and design.
(e)
(5) All of the powers, functions, and
jurisdiction of the Department of Water Resources with respect to
beach erosion control.
(f)
(6) All of the policymaking and regulatory
powers, functions, and jurisdiction of the Harbors and Watercraft
Commission as to matters within the jurisdiction of the department.
(b) Regulations adopted by the former Department of Boating and
Waterways shall remain in effect until revised or repealed by the
Division of Boating and Waterways.
SEC. 275. Section 50.1 of the Harbors and Navigation Code is
amended to read:
50.1. (a) Whenever the term "Division of
Small Craft Harbors" or the term "Small Craft Harbors Commission"
or the term "Department of Boating and Waterways "
is used in any provision of law, it shall be construed as
referring to the Department Division of
Boating and Waterways.
Whenever,
(b) Whenever, by any statute now
in force or that may be hereafter enacted, any power, function, or
jurisdiction, as specified in Section 50, is imposed or conferred
upon the State Lands Commission, the Department of Parks and
Recreation, the Office of Architecture and Construction in the
Department of General Services, or the Department of Water Resources,
such power, function, or jurisdiction shall be deemed to be imposed
or conferred upon the Department Division
of Boating and Waterways.
Nothing in this
(c) This section or in
and this code shall do
not divest the State Lands Commission of jurisdiction with
respect to the leasing of state lands, including state lands used for
small craft harbors, swamps and overflowed lands, or tide and
submerged lands, for the extraction and removal of oil and gas and
other minerals.
SEC. 276. Section 50.2 of the Harbors and Navigation Code is
amended to read:
50.2. The department division shall
be administered by an executive officer known as the Deputy
Director of Boating and Waterways. Any reference to the
Director of Boating and Waterways shall be deemed to refer to the
Deputy Director of Boating and Waterways. The deputy
director shall be appointed by and hold office at the pleasure of
the Governor and shall receive the salary provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2 of
the Government Code. The appointment of any deputy
director appointed by the Governor shall be subject to confirmation
by the Senate.
SEC. 277. Section 65.4 of the Harbors and Navigation Code is
repealed.
65.4. Any plans for construction of beach erosion control works
which may in any way affect recreational beaches under the ownership
or control of the Department of Parks and Recreation shall be subject
to approval by the Department of Parks and Recreation.
SEC. 278. Chapter 3 (commencing with Section 80) of Division 1 of
the Harbors and Navigation Code is repealed.
SEC. 279. Section 85.2 of the Harbors and Navigation Code is
amended to read:
85.2. (a) All moneys in the Harbors and
Watercraft Revolving Fund are available, upon appropriation by the
Legislature, for expenditure by the department
Department of Parks and Recreation for boating facilities
development, boating safety, and boating regulation programs, and for
the purposes of Section 656.4, including refunds, and for
expenditure for construction of small craft harbor and boating
facilities planned, designed, and constructed by the
department division , as specified in
subdivision (c) of Section 50, at sites owned or under the control of
the state.
(b) (1) The money in the fund is also available, upon
appropriation by the Legislature , to the Department of
Parks and Recreation for the operation and maintenance of
units of the state park system that have boating-related activities.
Funds appropriated to the Department of Parks and Recreation
may also be used for boating safety and enforcement
programs for waters under its jurisdiction .
(2) The Department of Parks and Recreation shall submit to the
Legislature, on or before January 1 of each year, a report describing
the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and Watercraft
Revolving Fund and from the Motor Vehicle Fuel Account in the
Transportation Tax Fund attributable to taxes imposed on the
distribution of motor vehicle fuel used or usable in propelling
vessels during the previous fiscal year. The report shall list the
special project or use, project location, amount of money allocated
or expended, the source of funds allocated or expended, and the
relation of the project or use to boating activities.
(c) The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.
(d) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Fish and Game for activities
addressing the boating-related spread of invasive species.
(e) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Food and Agriculture for
activities addressing the boating-related spread of invasive species.
SEC. 280. Section 1150 of the Harbors and Navigation Code is
amended to read:
1150. (a) There is in the Business, Transportation and
Housing Transportation Agency a Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun,
consisting of seven members appointed by the Governor, with the
consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco, San
Pablo, Suisun, or Monterey, one of whom shall be engaged in the
field of tanker company operations, and one of whom shall be engaged
in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any person may serve as
a public member unless otherwise prohibited by law, except that
during his or her term of office or within the two years preceding
his or her appointment, a public member appointed shall not have (A)
any financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under
the authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law, this chapter does
not prohibit the Governor from notifying the nominating authority
identified in paragraph (2) that persons nominated are unacceptable
for appointment. Following that notification, the nominating
authority shall submit a new list of nominees to the Governor, naming
three persons, none of whom were previously nominated, from which
the Governor may make the appointment. This process shall be
continued until a person nominated by the nominating authority and
satisfactory to the Governor has been appointed.
(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:
(1) Each of the members appointed pursuant to paragraphs (1) and
(2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012, to an
initial term pursuant to paragraph (1) of subdivision (a) shall be
appointed to a term expiring on December 31, 2014, and the first
member appointed after December 31, 2012, to an initial term pursuant
to paragraph (2) of subdivision (a) shall be appointed to a term
expiring on December 31, 2014.
(2) Members appointed pursuant to paragraph (3) of subdivision (a)
shall be appointed with staggered four-year terms with the initial
four-year terms expiring on December 31 of the years 1988, 1990, and
1991, respectively.
(3) A person shall not be appointed for more than two terms.
(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of Business, Transportation and Housing
Transportation shall serve as an ex officio
member of the board who, without vote, may exercise all other
privileges of a member of the board.
SEC. 281. Section 18901 of the Health and Safety Code is amended
to read:
18901. (a) This part shall be known and may be cited as the
California Building Standards Law.
(b) The California Building Standards Commission shall continue
within the State and Consumer Services Agency
Department of General Services .
SEC. 282. Section 18917.5 of the Health and Safety Code is amended
to read:
18917.5. "Secretary" means the Secretary of the State
and Consumer Services Agency Government Operations
.
SEC. 283. Section 18920 of the Health and Safety Code is amended
to read:
18920. There is continued in existence in the State and
Consumer Services Government Operations Agency a
California Building Standards Commission consisting of the Secretary
of State and Consumer Services Agency,
Government Operations and 10 members appointed by the Governor
subject to confirmation by the Senate.
SEC. 284. Section 18922 of the Health and Safety Code is amended
to read:
18922. The Secretary of the State and Consumer Services
Agency Government Operations or the secretary's
representative shall serve as the chair of the commission. The
commission shall elect a vice chair annually from among its members.
SEC. 285. Section 50400 of the Health and Safety Code is amended
to read:
50400. The Department of Housing and Community Development is
hereby continued in existence in the Business,
Transportation, and Housing Business and Consumer
Services Agency.
SEC. 286. Section 50900 of the Health and Safety Code is amended
to read:
50900. The California Housing Finance Agency is hereby continued
in existence in the Business, Transportation and Housing
Agency Department of Housing and Community Development
. The agency constitutes a public instrumentality and a
political subdivision of the state, and the exercise by the agency of
the powers conferred by this division shall be deemed and held to be
the performance of an essential public function.
SEC. 287. Section 50901 of the Health and Safety Code is amended
to read:
50901. The agency shall be administered by a board of directors
consisting of 11 voting members, including a chairperson selected by
the Governor from among his or her appointees. The State
Treasurer, the Secretary of the Business
, Transportation and Housing Agency
Consumer Services , and the Director of Housing
and Community Development, or their designees, shall be members, in
addition to six members appointed by the Governor, one member
appointed by the Speaker of the Assembly, and one member appointed by
the Senate Rules Committee on Rules .
The Director of Finance, the Director of the State Office of Planning
and Research, and the executive director of the agency shall serve
as nonvoting ex officio members of the board.
SEC. 288. Section 50913 of the Health and Safety Code is amended
to read:
50913. For its activities under this division, the executive
director shall prepare a preliminary budget on or before December 1
of each year for the ensuing fiscal year to be reviewed by the
Secretary of the Business and
Transportation Agency Consumer Services , the
Director of Finance, and the Joint Legislative Budget Committee.
SEC. 289. Section 51005 of the Health and Safety Code is amended
to read:
51005. (a) The agency shall, by November 1 of each year, submit
an annual report of its activities under this division for the
preceding year to the Governor, the Secretary of the
Business and Transportation Agency
Consumer Services , the Director of Housing and Community
Development, the Treasurer, the Joint Legislative Budget Committee,
the Legislative Analyst, and the Legislature. The report shall set
forth a complete operating and financial statement of the agency
during the concluded fiscal year. The report shall specify the number
of units assisted, the distribution of units among the metropolitan,
nonmetropolitan, and rural areas of the state, and shall contain a
summary of statistical data relative to the incomes of households
occupying assisted units, the monthly rentals charged to occupants of
rental housing developments, and the sales prices of residential
structures purchased during the previous fiscal year by persons or
families of low or moderate income. The report shall also include a
statement of accomplishment during the previous year with respect to
the agency's progress, priorities, and affirmative action efforts.
The agency shall specifically include in its report on affirmative
action goals, statistical data on the numbers and percentages of
minority sponsors, developers, contractors, subcontractors,
suppliers, architects, engineers, attorneys, mortgage bankers or
other lenders, insurance agents, and managing agents.
(b) The report shall also include specific information evaluating
the extent to which the programs administered by the agency have
attained the statutory objectives of the agency, including, but not
limited to, (1) the primary purpose of the agency in meeting the
housing needs of persons and families of low or moderate income
pursuant to Section 50950, (2) the occupancy requirements for very
low income households established pursuant to Sections 50951 and
51226, (3) the elderly and orthopedic disability occupancy
requirements established pursuant to Section 51230, (4) the use of
surplus moneys pursuant to Section 51007, (5) the metropolitan,
nonmetropolitan, and rural goals established pursuant to subdivision
(h) of Section 50952, (6) the California Statewide Housing Plan, as
required by Section 50154, (7) the statistical and other information
developed and maintained pursuant to Section 51610, (8) the number of
manufactured housing units assisted by the agency, (9) information
with respect to the proceeds derived from the issuance of bonds or
securities and any interest or other increment derived from the
investment of bonds or securities, and the uses for which those
proceeds or increments are being made as provided for in Section
51365, including the amount by which each fund balance exceeds
indenture requirements, (10) any recommendations described in
subdivision (d), (11) any recommendations described in Section 51227,
(12) the revenue bonding authority plan adopted pursuant to Section
51004.5, (13) the statistical and other information required to be
provided pursuant to Section 50156, (14) an analysis of the agency's
compliance with the targeting requirements of subsection (d) of
Section 142 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 142)
with respect to any issue of bonds subject to those requirements
under Section 103 of the Internal Revenue Code of 1986 (26 U.S.C.
Sec. 103), including the numbers of rental units subject to this
reporting requirement by categories based on the number of bedrooms
per unit, and (15) the statistical and other information relating to
congregate housing for the elderly pursuant to Section 51218.
The agency may, at its option, include the information required by
this section in a single document or may separately report the
statistical portion of the information in a supplement appended to
its annual report. This statistical supplement shall be distributed
with copies of the agency's annual report, but need not be provided
to bond rating agencies, underwriters, investors, developers, or
financial institutions.
(c) The agency shall cause an audit of its books and accounts
with respect to its activities under this division to be made at
least once during each fiscal year by an independent certified public
accountant and the agency shall be subject to audit by the
Department of Finance not more often than once each fiscal year.
(d) The agency shall assess any obstacles or problems that it has
encountered in meeting its mandate to serve nonmetropolitan and
rural metropolitan areas, and recommend legislative and
administrative solutions to overcome these obstacles or problems. The
agency shall separately assess its progress in meeting the
rehabilitation needs of rural areas and the new construction needs of
rural areas, and separately assess its progress as to single and
multifamily units. The agency shall include in its report a
quantification and evaluation of its progress in meeting the housing
needs of communities of various sizes in rural areas.
(e) By December 1 of each fiscal year, the agency shall ascertain
that not less than 25 percent of the total units financed by
mortgage loans during the preceding 12 months pursuant to this part
were made available to very low income households. If the agency
finds that these very low income occupancy goals have not been met,
the agency shall immediately notify the Governor, the Speaker of the
Assembly, and the Senate Committee on Rules, and shall recommend
legislation or other action as may be required to make (1) at least
25 percent of the units so available, and (2) at least 25 percent of
the units thereafter financed so available. In housing developments
for which the agency provides a construction loan but not a mortgage
loan, the agency shall report annually on the percentage of units
projected to be made available for occupancy and actually occupied by
lower income households.
SEC. 290. Section 326.3 of the Penal Code is amended to read:
326.3. (a) The Legislature finds and declares all of the
following:
(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
State of California state .
(2) One of the great strengths of California is a vibrant
nonprofit sector.
(3) Nonprofit and philanthropic organizations touch the lives of
every Californian through service and employment.
(4) Many of these services would not be available if nonprofit
organizations did not provide them.
(5) There is a need to provide methods of fundraising to nonprofit
organizations to enable them to provide these essential services.
(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.
(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.
(8) Legislation is also needed to clarify that existing law
requires that all charitable bingo must be played using a tangible
card and that the only permissible electronic devices to be used by
charitable bingo players are card-minding devices.
(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote caller
bingo game that is played or conducted in a city, county, or city
and county pursuant to an ordinance enacted under Section 19 of
Article IV of the California Constitution, if the ordinance allows a
remote caller bingo game to be played or conducted only in accordance
with this section, including the following requirements:
(1) The game may be conducted only by the following organizations:
(A) An organization that is exempted from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code.
(B) A mobilehome park association.
(C) A senior citizens organization.
(D) Charitable organizations affiliated with a school district.
(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.
(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.
(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts of the game.
(5) The operation of bingo may not be the primary purpose for
which the organization is organized.
(c) (1) A city, county, or city and county may adopt an ordinance
in substantially the following form to authorize remote caller bingo
in accordance with the requirements of subdivision (b):
Sec. _.01. Legislative Authorization.
This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.
Sec. _.02. Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City, County, or
City and County] pursuant to the provisions of Sections 326.3 and
326.4 of the Penal Code, and this chapter, and not otherwise.
Sec. _.03. Qualified Applicants: Applicants for Licensure.
(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the
receipts of those games are used only for charitable purposes:
(1) An organization exempt from the payment of the taxes imposed
under the Corporation Tax Law by Section 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, 23701k, 23701 l , or 23701w of the
Revenue and Taxation Code.
(2) A mobile home park association of a mobile home park that is
situated in the City, County, or City and County].
(3) Senior citizen organizations.
(4) Charitable organizations affiliated with a school district.
(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee in an
amount determined by resolution of the Governing Body of the City,
County, or City and County] from time to time. The following
documentation shall be attached to the application, as applicable:
(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer to
the Franchise Tax Board's Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under the
Corporation Tax Law.
(2) Other evidence as the License Official determines is necessary
to verify that the applicant is a duly organized mobile home park
association of a mobile home park situated in the City, County, or
City and County].
Sec. _.04. License Application: Verification.
The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.
Sec. _.05. Annual Licenses.
A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application and
payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee
to continue to offer bingo for play. The Governing Body of the City,
County, or City and County] expressly reserves the right to amend or
repeal this chapter at any time by resolution. If this chapter is
repealed, all licenses issued pursuant to this chapter shall cease to
be effective for any purpose on the effective date of the repealing
resolution.
Sec. _.06. Conditions of Licensure.
(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal
Code, and each licensee shall comply with the requirements of those
provisions.
(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:
(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold one
additional game, at its election, in each calendar quarter.
(2) The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or
provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the
Governing Body of the City, County, or City and County] shall hold a
public hearing before revoking any license issued pursuant to this
chapter.
(2) Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.
(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo game may
be paid reasonable fees for services rendered from the revenues of
bingo games, as provided in subdivision (m), except that fees paid
under those agreements shall not be determined as a percentage of
receipts or other revenues from, or be dependant on the outcome of,
the game.
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo game.
A violation of any provision of this section, other than subdivision
(d), is a misdemeanor.
(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.
(g) No minors shall be allowed to participate in any remote caller
bingo game.
(h) A remote caller bingo game shall not include any site that is
not located within this state.
(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.
(j) (1) All remote caller bingo games shall be open to the public,
not just to the members of the authorized organization.
(2) No more than 750 players may participate in a remote caller
bingo game in a single location.
(3) If the Governor of California or the
President of the United States declares a state of
emergency in response to a natural disaster or other public
catastrophe occurring in California, an organization authorized to
conduct remote caller bingo games may, while that declaration is in
effect, conduct a remote caller bingo game pursuant to this section
with more than 750 participants in a single venue if the net proceeds
of the game, after deduction of prizes and overhead expenses, are
donated to or expended exclusively for the relief of the victims of
the disaster or catastrophe, and the organization gives the
California Gambling Control Commission at least 10 days' written
notice of the intent to conduct that game.
(4) An organization authorized to conduct remote caller bingo
games shall provide the commission with at least 30 days' advance
written notice of its intent to conduct a remote caller bingo game.
That notice shall include all of the following:
(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.
(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated, by
whom.
(C) The name of the licensed caller and site manager.
(D) The names of administrative, managerial, technical, financial,
and security personnel employed.
(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.
(F) The name of the
person designated as having a fiduciary responsibility for the game
pursuant to paragraph (2) of subdivision (k).
(G) The license numbers of all persons specified in subparagraphs
(A) to (F), inclusive, who are required to be licensed.
(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission shall
post the ordinance on its Internet Web site.
(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from any
remote caller bingo game. Only the organization authorized to conduct
a remote caller bingo game shall operate that game, or participate
in the promotion, supervision, or any other phase of a remote caller
bingo game. Subject to the provisions of subdivision (m), this
subdivision shall not preclude the employment of administrative,
managerial, technical, financial, or security personnel who are not
members of the authorized organization at a location participating in
the remote caller bingo game by the organization conducting the
game. Notwithstanding any other provision of law, exclusive or other
agreements between the authorized organization and other entities or
persons to provide services in the administration, management, or
conduct of the game shall not be considered a violation of the
prohibition against holding a legally cognizable financial interest
in the conduct of the remote caller bingo game by persons or entities
other than the charitable organization, or other entity authorized
to conduct the remote caller bingo games, provided that those persons
or entities obtain the gambling licenses, the key employee licenses,
or the work permits required by, and otherwise comply with, Chapter
5 (commencing with Section 19800) of Division 8 of the Business and
Professions Code. Fees to be paid under any such agreements shall be
reasonable and shall not be determined as a percentage of receipts or
other revenues from, or be dependent on the outcome of, the game.
(2) An organization that conducts a remote caller bingo game shall
designate a person as having fiduciary responsibility for the game.
(l) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct or participate
in a remote caller bingo game, shall hold a legally cognizable
financial interest in the conduct of such a game.
(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs exceeding
20 percent of gross sales, except that the limitations of this
section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, "overhead costs"
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision (d).
For the purpose of keeping its overhead costs below 20 percent of
gross sales, an authorized organization may elect to deduct all or a
portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in "overhead
costs" as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.
(n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A person
shall be deemed to be physically present at the place where the
remote caller bingo game is being conducted if he or she is present
at any of the locations participating in the remote caller bingo game
in accordance with this section.
(o) (1) An organization shall not cosponsor a remote caller bingo
game with one or more other organizations unless one of the following
is true:
(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.
(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.
(2) Notwithstanding paragraph (1), a maximum of 10 unaffiliated
organizations described in paragraph (1) of subdivision (b) may enter
into an agreement to cosponsor a remote caller game, provided that
the game shall have not more than 10 locations.
(3) An organization shall not conduct remote caller bingo more
than two days per week.
(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.
(p) The value of prizes awarded during the conduct of any remote
caller bingo game shall not exceed 37 percent of the gross receipts
for that game. When an authorized organization elects to deduct fees
paid for the use and processing of credit card sales from the amount
of gross revenues for that game awarded for prizes, the maximum
amount of gross revenues that may be awarded for prizes shall not
exceed 37 percent of the gross receipts for that game, less the
amount of redirected fees paid for the use and processing of credit
card sales. Every remote caller bingo game shall be played until a
winner is declared. Progressive prizes are prohibited. The declared
winner of a remote caller bingo game shall provide his or her
identifying information and a mailing address to the onsite manager
of the remote caller bingo game. Prizes shall be paid only by check;
no cash prizes shall be paid. The organization conducting the remote
caller bingo game may issue a check to the winner at the time of the
game, or may send a check to the declared winner by United States
Postal Service certified mail, return receipt requested. All prize
money exceeding state and federal exemption limits on prize money
shall be subject to income tax reporting and withholding requirements
under applicable state and federal laws and regulations and those
reports and withholding shall be forwarded, within 10 business days,
to the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person on
whose behalf the money is being sent. Any game interrupted by a
transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.
(q) (1) The California Gambling Control Commission shall regulate
remote caller bingo, including, but not limited to, licensure and
operation. The commission shall establish reasonable criteria
regulating, and shall require the licensure of, the following:
(A) Any person who conducts a remote caller bingo game pursuant to
this section, including, but not limited to, an employee, a person
having fiduciary responsibility for a remote caller bingo game, a
site manager, and a bingo caller.
(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any nonprofit organization.
(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in subparagraph
(A) or (B) may submit to the commission a letter of intent to submit
an application for licensure. The letter shall clearly identify the
principal applicant, all categories under which the application will
be filed, and the names of all those particular individuals who are
applying. Each charitable organization shall provide an estimate of
the frequency with which it plans to conduct remote caller bingo
operations, including the number of locations. The letter of intent
may be withdrawn or updated at any time.
(2) (A) The Department of Justice shall conduct background
investigations and conduct field enforcement as it relates to remote
caller bingo consistent with the Gambling Control Act (Chapter 5
(commencing with Section 19800) of Division 8 of the Business and
Professions Code) and as specified in regulations promulgated by the
commission.
(B) Fees to cover background investigation costs shall be paid and
accounted for in accordance with Section 19867 of the Business and
Professions Code.
(3) (A) Every application for a license or approval shall be
submitted to the department and accompanied by a nonrefundable
fee, the amount of which shall be adopted by the commission by
regulation.
(B) Fees and revenue collected pursuant to this paragraph shall be
deposited in the California Bingo Fund, which is hereby created in
the State Treasury. The funds deposited in the California Bingo Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively for the
support of the commission and department in carrying out their duties
and responsibilities under this section and Section 326.5.
(C) A loan is hereby authorized from the Gambling Control Fund to
the California Bingo Fund on or after January 1, 2009, in an amount
of up to five hundred thousand dollars ($500,000) to fund operating,
personnel, and other startup costs incurred by the commission
and the department relating to this act
section . Funds from the California Bingo Fund shall be
available to the commission and the department upon
appropriation by the Legislature in the annual Budget Act. The loan
shall be subject to all of the following conditions:
(i) The loan shall be repaid to the Gambling Control Fund as soon
as there is sufficient money in the California Bingo Fund to repay
the amount loaned, but no later than five years after the date of the
loan.
(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money Investment
Account.
(iii) The terms and conditions of the loan are approved, prior to
the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
The commission may assess and the department may
collect reasonable fees and deposits as necessary to defray the costs
of regulation and oversight.
(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts remote
caller bingo games shall apply for, obtain, and thereafter maintain
valid work permits, as defined in Section 19805 of the Business and
Professions Code.
(s) An organization that conducts remote caller bingo games shall
retain records in connection with the remote caller bingo game for
five years.
(t) (1) All equipment used for remote caller bingo shall be
approved in advance by the California Gambling Control Commission
pursuant to regulations adopted pursuant to subdivision (r) of
Section 19841 of the Business and Professions Code.
(2) The California Gambling Control Commission shall monitor
operation of the transmission and other equipment used for remote
caller bingo, and monitor the game.
(u) (1) As used in this section, "remote caller bingo game" means
a game of bingo, as defined in subdivision (o) of Section 326.5, in
which the numbers or symbols on randomly drawn plastic balls are
announced by a natural person present at the site at which the live
game is conducted, and the organization conducting the bingo game
uses audio and video technology to link any of its in-state
facilities for the purpose of transmitting the remote calling of a
live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game
from the location at which the game is called by a natural person to
the remote location or locations at which players may participate in
the game. The drawing of each ball bearing a number or symbol by the
natural person calling the game shall be visible to all players as
the ball is drawn, including through a simultaneous live video feed
at remote locations at which players may participate in the game.
(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a nonlicensed
caller if the drawing of balls and calling of numbers or symbols by
that person is observed and personally supervised by a licensed
caller.
(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices, as
described in paragraph (1) of subdivision (p) of Section 326.5.
(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
commission the controls, methodology, and standards of game play,
which shall include, but not be limited to, the equipment used to
select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and
distribution to players. Those controls, methodologies, and standards
shall be subject to prior approval by the commission
department , provided that the controls shall be
deemed approved by the commission department
after 90 days from the date of submission unless disapproved.
(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location in
violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and Professions
Code, including, but not limited to, a location at which unlawful
electronic devices are used.
(w) (1) The vendor of the equipment used in a remote caller bingo
game shall have its books and records audited at least annually by an
independent California certified public accountant and shall submit
the results of that audit to the California Gambling Control
Commission department within 120 days after the
close of the vendor's fiscal year. In addition, the
California Gambling Control Commission de
partment may audit the books and records of the vendor at any
time.
(2) An authorized organization that conducts remote caller bingo
games shall provide copies of the records pertaining to those games
to the California Gambling Control Commission
Department of Justice within 30 days after the end of each
calendar quarter. In addition, those records shall be audited by an
independent California certified public accountant at least annually
and copies of the audit reports shall be provided to the
California Gambling Control Commission department
within 120 days after the close of the organization's fiscal
year. The audit report shall account for the annual amount of fees
paid to financial institutions for the use and processing of credit
card sales by the authorized organization and the amount of fees for
the use and processing of credit card sales redirected from "overhead
costs" and deducted from the amount of gross revenues awarded for
prizes.
(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The commission
department may audit the books and records of an
organization that conducts remote caller bingo games at any time.
(4) If, during an audit, the commission
department identifies practices in violation of this section,
the license for the audited entity may be suspended pending review
and hearing before the commission for a final determination.
(5) No audit required to be conducted by the commission
department shall commence before January 1,
2010.
(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.
(y) The commission shall submit a report to the Legislature, on or
before January 1, 2012, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are
relevant to the public interest regarding remote caller bingo.
(z) The following definitions apply for purposes of this section:
(1) "Commission" means the California Gambling Control Commission.
(2) "Department" means the Department of Justice.
(2)
(3) "Person" includes a natural person, corporation,
limited liability company, partnership, trust, joint venture,
association, or any other business organization.
SEC. 291. Section 326.5 of the Penal Code is amended to read:
326.5. (a) Neither the prohibition on gambling in this chapter
nor in Chapter 10 (commencing with Section 330) applies to any bingo
game that is conducted in a city, county, or city and county pursuant
to an ordinance enacted under Section 19 of Article IV of the
State California Constitution, if the
ordinance allows games to be conducted only in accordance with this
section and only by organizations exempted from the payment of the
bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, 23701k, 23701w, and 23701 l of the Revenue
and Taxation Code and by mobilehome park associations, senior
citizens organizations, and charitable organizations affiliated with
a school district; and if the receipts of those games are used only
for charitable purposes.
(b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed by
the organization conducting the bingo game may be paid from the
revenues of bingo games, as provided in subdivisions (j) and (k).
(c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is deposited
in the general fund of the city, county, or city and county that
enacted the ordinance authorizing the bingo game. A violation of any
provision of this section, other than subdivision (b), is a
misdemeanor.
(d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin a
violation of this section.
(e) No minors shall be allowed to participate in any bingo game.
(f) An organization authorized to conduct bingo games pursuant to
subdivision (a) shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization,
and which property is used by that organization for an office or for
performance of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require that the
property owned or leased by, or whose use is donated to, the
organization be used or leased exclusively by, or donated exclusively
to, that organization.
(g) All bingo games shall be open to the public, not just to the
members of the authorized organization.
(h) A bingo game shall be operated and staffed only by members of
the authorized organization that organized it. Those members shall
not receive a profit, wage, or salary from any bingo game. Only the
organization authorized to conduct a bingo game shall operate such a
game, or participate in the promotion, supervision, or any other
phase of a bingo game. This subdivision does not preclude the
employment of security personnel who are not members of the
authorized organization at a bingo game by the organization
conducting the game.
(i) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct a bingo game,
shall hold a financial interest in the conduct of a bingo game.
(j) With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the Revenue and Taxation
Code, all profits derived from a bingo game shall be kept in a
special fund or account and shall not be commingled with any other
fund or account. Those profits shall be used only for charitable
purposes.
(k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:
(1) The proceeds may be used for prizes.
(2) (A) Except as provided in subparagraph (B), a portion of the
proceeds, not to exceed 20 percent of the proceeds before the
deduction for prizes, or two thousand dollars ($2,000) per month,
whichever is less, may be used for the rental of property and for
overhead, including the purchase of bingo equipment, administrative
expenses, security equipment, and security personnel.
(B) For the purposes of bingo games conducted by the Lake Elsinore
Elks Lodge, a portion of the proceeds, not to exceed 20 percent of
the proceeds before the deduction for prizes, or three thousand
dollars ($3,000) per month, whichever is less, may be used for the
rental of property and for overhead, including the purchase of bingo
equipment, administrative expenses, security equipment, and security
personnel. Any amount of the proceeds that is additional to that
permitted under subparagraph (A), up to one thousand dollars
($1,000), shall be used for the purpose of financing the rebuilding
of the facility and the replacement of equipment that was destroyed
by fire in 2007. The exception to subparagraph (A) that is provided
by this subparagraph shall remain in effect only until the cost of
rebuilding the facility is repaid, or January 1, 2019, whichever
occurs first.
(3) The proceeds may be used to pay license fees.
(4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable purposes
not relating to the conducting of bingo games and that the balance
shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount of
proceeds used for rental of property, overhead, and administrative
expenses is subject to the limitations specified in paragraph (2).
(l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.
(2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public safety
costs incurred by the city, county, or city and county that are
directly related to bingo activities may be imposed and shall be
collected monthly by the city, county, or city and county issuing the
license; however, the fee shall not exceed the actual costs incurred
in providing the service.
(m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.
(n) The total value of prizes available to be awarded during the
conduct of any bingo games shall not exceed five hundred dollars
($500) in cash or kind, or both, for each separate game which is
held.
(o) As used in this section, "bingo" means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols that are marked or covered by the player on a tangible card
in the player's possession and that conform to numbers or symbols,
selected at random and announced by a live caller. Notwithstanding
Section 330c, as used in this section, the game of bingo includes
tangible cards having numbers or symbols that are concealed and
preprinted in a manner providing for distribution of prizes.
Electronics or video displays shall not be used in connection with
the game of bingo, except in connection with the caller's drawing of
numbers or symbols and the public display of that drawing, and except
as provided in subdivision (p). The winning cards shall not be known
prior to the game by any person participating in the playing or
operation of the bingo game. All preprinted cards shall bear the
legend, "for sale or use only in a bingo game authorized under
California law and pursuant to local ordinance." Only a covered or
marked tangible card possessed by a player and presented to an
attendant may be used to claim a prize. It is the intention of the
Legislature that bingo as defined in this subdivision applies
exclusively to this section and shall not be applied in the
construction or enforcement of any other provision of law.
(p) (1)
Players who are physically present at a bingo game may use hand-held,
portable card-minding devices, as described in this subdivision, to
assist in monitoring the numbers or symbols announced by a live
caller as those numbers or symbols are called in a live game.
Card-minding devices may not be used in connection with any game
where a bingo card may be sold or distributed after the start of the
ball draw for that game. A card-minding device shall do all of the
following:
(A) Be capable of storing in the memory of the device bingo faces
of tangible cards purchased by a player.
(B) Provide a means for bingo players to input manually each
individual number or symbol announced by a live caller.
(C) Compare the numbers or symbols entered by the player to the
bingo faces previously stored in the memory of the device.
(D) Identify winning bingo patterns that exist on the stored bingo
faces.
(2) A card-minding device shall perform no functions involving the
play of the game other than those described in paragraph (1).
Card-minding devices shall not do any of the following:
(A) Be capable of accepting or dispensing any coins, currency, or
other representative of value or on which value has been encoded.
(B) Be capable of monitoring any bingo card face other than the
faces of the tangible bingo card or cards purchased by the player for
that game.
(C) Display or represent the game result through any means,
including, but not limited to, video or mechanical reels or other
slot machine or casino game themes, other than highlighting the
winning numbers or symbols marked or covered on the tangible bingo
cards or giving an audio alert that the player's card has a
prize-winning pattern.
(D) Determine the outcome of any game or be physically or
electronically connected to any component that determines the outcome
of a game or to any other bingo equipment, including, but not
limited to, the ball call station, or to any other card-minding
device. No other player-operated or player-activated electronic or
electromechanical device or equipment is permitted to be used in
connection with a bingo game.
(3) (A) A card-minding device shall be approved in advance by the
commission department as meeting the
requirements of this section and any additional requirements stated
in regulations adopted by the commission. Any proposed material
change to the device, including any change to the software used by
the device, shall be submitted to the commission
department and approved by the commission
department prior to implementation.
(B) In accordance with Chapter 5 (commencing with Section 19800)
of Division 8 of the Business and Professions Code, the commission
shall establish reasonable criteria for, and require the licensure
of, any person that directly or indirectly manufactures, distributes,
supplies, vends, leases, or otherwise provides card-minding devices
or other supplies, equipment, or services related to card-minding
devices designed for use in the playing of bingo games by any
nonprofit organization.
(C) A person or entity that supplies or services any card-minding
device shall meet all licensing requirements established by the
commission in regulations.
(4) The costs of any testing, certification, license, or
determination required by this subdivision shall be borne by the
person or entity seeking it.
(5) On and after January 1, 2010, the commission and
the Department of Justice may inspect all card-minding
devices at any time without notice, and may immediately prohibit the
use of any device that does not comply with the requirements of
subdivision (r) of Section 19841 of the Business and Professions
Code. The Department of Justice may at any time, without notice,
impound any device the use of which has been prohibited by the
commission.
(6) The California Gambling Control Commission shall issue
regulations to implement the requirements of this subdivision and may
issue regulations regarding the means by which the operator of a
bingo game, as required by applicable law, may offer assistance to a
player with disabilities in order to enable that player to
participate in a bingo game, provided that the means of providing
that assistance shall not be through any electronic,
electromechanical, or other device or equipment that accepts the
insertion of any coin, currency, token, credit card, or other means
of transmitting value, and does not constitute or is not a part of a
system that constitutes a video lottery terminal, slot machine, or
device prohibited by Chapter 10 (commencing with Section 330).
(7) The following definitions apply for purposes of this
subdivision:
(A) "Commission" means the California Gambling Control Commission.
(B) "Department" means the Department of Justice.
(B)
(C) "Person" includes a natural person, corporation,
limited liability company, partnership, trust, joint venture,
association, or any other business organization.
SEC. 292. Section 12101 of the Public Contract Code is amended to
read:
12101. It is the intent of the Legislature that policies
developed by the California Department of
Technology Agency and procedures developed
by the Department of General Services in accordance with Section
12102 provide for the following:
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 293. Section 12103 of the Public Contract Code is amended to
read:
12103. In addition to the mandatory requirements enumerated in
Section 12102, the acquisition policies developed and maintained by
the California Department of Technology
Agency and procedures developed and maintained by
the Department of General Services in accordance with this chapter
may provide for the following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 294. Section 12104 of the Public Contract Code is amended to
read:
12104. (a) (1) Commencing on or before January 1, 2007, the State
Contracting Manual shall set forth all procedures and methods that
shall be used by the department when seeking to obtain bids for the
acquisition of information technology.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's Internet homepage.
(b) The department, in consultation with the California
Department of Technology Agency
, shall develop, implement, and maintain standardized
methods for the development of information technology requests for
proposals.
(c) All information technology requests for proposals shall be
reviewed by the California Department of
Technology Agency and the Department of
General Services prior to release to the public.
SEC. 295. Section 12105 of the Public Contract Code is amended to
read:
12105. The Department of General Services and the
California Department of Technology
Agency shall coordinate in the development of policies and
procedures that implement the intent of this chapter. The
California Department of Technology
Agency shall have the final authority in the determination
of any general policy and the Department of General Services shall
have the final authority in the determination of any procedures.
SEC. 296. Section 12120 of the Public Contract Code is amended to
read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
All contracts for the acquisition of telecommunications services and
all contracts for the acquisition of telecommunications goods,
whether by lease or purchase, shall be made by, or under the
supervision of, the California Department of
Technology Agency . All acquisitions shall
be accomplished in accordance with Chapter 3 (commencing with Section
12100), relating to the acquisition of information technology goods
and services, except to the extent any directive or provision is
uniquely applicable to information technology acquisitions. The
agency department shall have
responsibility for the establishment of policy and procedures for
telecommunications. The agency department
shall have responsibility for the establishment of tactical
policy and procedures for information technology and
telecommunications acquisitions consistent with statewide strategic
policy. The Trustees of the California State University and the Board
of Governors of the California Community Colleges shall assume the
functions of the agency department with
regard to acquisition of telecommunications goods and services by
the California State University and the California Community
Colleges, respectively. The trustees and the board shall each grant
to the agency an opportunity to bid whenever the university or the
college system solicits bids for telecommunications goods and
services.
SEC. 297. Section 12121 of the Public Contract Code is amended to
read:
12121. As used in this chapter:
(a) "Agency" "Department" means the
California Department of Technology
Agency .
(b) "Tactical policy" means the policies of an organization
necessary to direct operational staff in carrying out their
day-to-day activities.
(c) "Strategic policy" means policy which defines the goals and
objectives for an organization.
SEC. 298. Section 5075.8 of the Public Resources Code is amended
to read:
5075.8. (a) The department may convene a planning task force in
order to facilitate the development of a comprehensive plan for the
San Joaquin River Parkway.
The task force shall include, but not be limited to, a
representative of the following entities:
(1) State Lands Commission.
(2) Department of Parks and Recreation.
(3) Department of Fish and Game.
(4) State Reclamation Board.
(5) County of Fresno.
(6) County of Madera.
(7) City of Fresno.
(8) Fresno County and City Chamber of Commerce.
(9) Fresno Sand and Gravel Producers.
(10) San Joaquin River Property Owners Association.
(11) Upper San Joaquin River Association.
(12) San Joaquin River Parkway and Conservation Trust.
(13) San Joaquin River Committee.
(14) Department of Boating and Waterways.
(b) The plan shall be submitted to the Legislature not later than
June 1, 1991.
SEC. 299. Section 5099.12 of the Public Resources Code is amended
to read:
5099.12. Of the annual apportionment of funds received by the
director pursuant to this chapter, 60 percent shall be allocated for
local governmental agency projects and 40 percent for state agency
projects. The state agency share shall be disbursed to the following
state agencies in the following percentages: 55
60 percent to the Department of Parks and Recreation; 35
percent to the Wildlife Conservation Board or the Department of Fish
and Game; and 5 percent to the Department of Water
Resources ; and 5 percent to the Department of Boating and
Waterways . The State Coastal Conservancy established
pursuant to Section 31100 is eligible to compete for grants of funds
for projects of an outdoor recreational nature from the 6 percent
contingency fund established by this section.
If either the state or local governmental agencies are unable to
utilize their allocation of funds, the director shall allocate the
uncommitted funds to those state or local governmental agencies that
are in position to take advantage of the funds during the year in
which they are allocated. The 60-percent allocation for local
governmental agency projects and the 40-percent allocation to state
agency projects shall not be computed until the costs of maintaining
and keeping up to date the plan required pursuant to Section 5099.2
and an additional 6 percent for deposit to a contingency fund have
been deducted.
SEC. 300. Section 10002 of the Public Resources Code is amended to
read:
10002. The Director of Fish and Game shall prepare proposed
streamflow requirements, which shall be specified in terms of cubic
feet of water per second, for each stream or watercourse identified
pursuant to Section 10001. In developing the requirements for each
stream, the director shall consult with the Director of Water
Resources, the Director of Boating and Waterways,
the Director of Parks and Recreation and with all affected local
governments. The Director of Fish and Game may also consult with any
private individuals, groups, or organizations as the director deems
advisable. Upon completion of the proposed streamflow requirements
for any individual stream or watercourse, the Director of Fish and
Game shall transmit these proposed requirements to the State Water
Resources Control Board. The State Water Resources Control Board
shall consider these requirements within a stream as set forth in
Section 1257.5 of the Water Code. The Director of Fish and Game shall
complete the preparation of proposed requirements for the initial
streams not later than July 1, 1989.
The Department of Fish and Game may contract for temporary
services for purposes of preparing the proposed streamflow
requirements.
SEC. 301. Section 30404 of the Public Resources Code is amended to
read:
30404. (a) The commission shall periodically, in the case of the
State Energy Resources Conservation and Development Commission, the
State Board of Forestry and Fire Protection, the State Water
Resources Control Board and the California regional water quality
control boards, the State Air Resources Board and air pollution
control districts and air quality management districts, the
Department of Fish and Game, the Department of Parks and Recreation,
the Department of Boating and Waterways, the
California Geological Survey and the Division of Oil, Gas, and
Geothermal Resources in the Department of Conservation, and the State
Lands Commission, and may, with respect to any other state agency,
submit recommendations designed to encourage the state agency to
carry out its functions in a manner consistent with this division.
The recommendations may include proposed changes in administrative
regulations, rules, and statutes.
(b) Each of those state agencies shall review and consider the
commission recommendations and shall, within six months from the date
of their receipt, to the extent that the recommendations have not
been implemented, report to the Governor and the Legislature its
action and reasons therefor. The report shall also include the state
agency's comments on any legislation that may have been proposed by
the commission.
SEC. 302. Section 36300 of the Public Resources Code is amended to
read:
36300. The Ocean Resources Task Force is hereby created in state
government. The task force is composed of the following or their
designee: the Secretary of for
Environmental Affairs Protection , the
Secretary of the Natural Resources Agency, the State
Director of Public Health Officer
Services , the Secretary of the
Business, Transportation and Housing Agency
, the Chairperson or Executive Officer of the State Lands
Commission as determined by the commission, the Chairperson or
Executive Director of the California Coastal Commission as determined
by the commission, the Chairperson or Executive Officer of the
Coastal Conservancy as determined by the conservancy, the Chairperson
or Executive Director of the San Francisco Bay Conservation and
Development Commission as determined by the commission, the Director
of Conservation, the Director of Fish and Game, the Director
of Boating and Waterways, the Director of Parks and
Recreation, the Chairperson of the Mining and Geology Board
Office of Mine Reclamation , the Chairperson or
Executive Director of the State Water Resources Control Board as
determined by the board, the Executive Officer
executive officer of each California regional water
quality control board for a coastal region, the Director of Finance,
the Chairperson or Executive Director of the State Energy Resources
Conservation and Development Commission as determined by the
commission, the Chairperson of the State Air Resources Board, the
Chairperson of the Senate Committee on Natural Resources and
Wildlife Water , the Chairperson of the
Assembly Committee on Natural Resources , the President of
the University of California, the Chancellor of the California State
University, and the Director of the California Sea Grant program.
SEC. 303. Section 40400 of the Public Resources Code is amended to
read:
40400. There is in the Natural Resources
California Environmental Protection Agency the Department of
Resources Recycling and Recovery. The Department of Resources
Recycling and Recovery shall be administered under the control of an
executive officer known as the Director of Resources Recycling and
Recovery. Any reference in any law or regulation to the State Solid
Waste Management Board, the California Waste Management Board, or the
California Integrated Waste Management Board shall hereafter apply
to the Department of Resources Recycling and Recovery. The Director
of Resources Recycling and Recovery shall hear and decide appeals of
decisions of the Department of Resources Recycling and Recovery made
pursuant to this division.
SEC. 304. Section 883 of the Public Utilities Code is amended to
read:
883. (a) The commission shall, on or before February 1, 2001,
issue an order initiating an investigation and opening a proceeding
to examine the current and future definitions of universal service.
That proceeding shall include public hearings that encourage
participation by a broad and diverse range of interests from all
areas of the state, including, but not limited to, all of the
following:
(1) Consumer groups.
(2) Communication service providers, including all providers of
high-speed access services.
(3) Facilities-based telephone providers.
(4) Information service providers and Internet access providers.
(5) Rural and urban users.
(6) Public interest groups.
(7) Representatives of small and large businesses and industry.
(8) Local agencies.
(9) State agencies, including, but not limited to, all of the
following:
(A) The Business, Transportation and Housing Agency.
(B)
(A) The State and Consumer Services
Government Operation s Agency.
(C)
(B) The State Department of Education.
(D)
(C) The State Department of Public Health
Services .
(E)
(D) The California State Library.
(10) Colleges and universities.
(b) The objectives of the proceeding set forth in subdivision (a)
shall include all of the following:
(1) To investigate the feasibility of redefining universal service
in light of current trends toward accelerated convergence of voice,
video, and data, with an emphasis on the role of basic
telecommunications and Internet services in the workplace, in
education and workforce training, access to health care, and
increased public safety.
(2) To evaluate the extent to which technological changes have
reduced the relevance of existing regulatory regimes given their
current segmentation based upon technology.
(3) To receive broad-based input from a cross section of
interested parties and make recommendations on whether video, data,
and Internet service providers should be incorporated into an
enhanced Universal Lifeline Service program, as specified, including
relevant policy recommendations regarding regulatory and statutory
changes and funding options that are consistent with the principles
set forth in subdivision (c) of Section 871.7.
(4) To reevaluate prior definitions of basic service in a manner
that will, to the extent feasible, effectively incorporate the latest
technologies to provide all California residents with all of the
following:
(A) Improved quality of life.
(B) Expanded access to public and private resources for education,
training, and commerce.
(C) Increased access to public resources enhancing public health
and safety.
(D) Assistance in bridging the "digital divide" through expanded
access to new technologies by low income, disabled, or otherwise
disadvantaged Californians.
(5) To assess projected costs of providing enhanced universal
lifeline service in accordance with the intent of this article, and
to delineate the subsidy support needed to maintain the redefined
scope of universal service in a competitive market.
(6) To design and recommend an equitable and broad-based subsidy
support mechanism for universal service in competitive markets in a
manner that conforms with subdivision (c) of Section 871.7.
(7) To develop a process to periodically review and revise the
definition of universal service to reflect new technologies and
markets consistent with subdivision (c) of Section 871.7.
(8) To consider whether similar regulatory treatment for the
provision of similar services is appropriate and feasible.
(c) In conducting its investigation, the commission shall take
into account the role played by a number of diverse but convergent
industries and providers, even though many of these entities are not
subject to economic regulation by the commission or any other
government entity.
(d) The recommendations of the commission shall be consistent with
state policies for telecommunications as set forth in Section 709,
and with all of the following principles:
(1) Universal service shall, to the extent feasible, be provided
at affordable prices regardless of linguistic, cultural, ethnic,
physical, financial, and geographic considerations.
(2) Consumers shall be provided access to all information needed
to allow timely and informed choices about telecommunications
products and services that are part of the universal service program
and how best to use them.
(3) Education, health care, community, and government institutions
shall be positioned as early recipients of new and emerging
technologies so as to maximize the economic and social benefits of
these services.
(e) The commission shall complete its investigation and report to
the Legislature its findings and recommendations on or before January
1, 2002.
SEC. 305. Section 2872.5 of the Public Utilities Code, as amended
by Section 64 of Chapter 404 of the Statutes of 2010, is amended to
read:
2872.5. (a) The commission, in consultation with the
California Office of Emergency
Management Agency Services and the
California Department of Technology
Agency , shall open an investigative proceeding to
determine whether standardized notification systems and protocol
should be utilized by entities that are authorized to use automatic
dialing-announcing devices pursuant to subdivision (e) of Section
2872, to facilitate notification of affected members of the public of
local emergencies. The commission shall not establish standards for
notification systems or standard notification protocol unless it
determines that the benefits of the standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 306. Section 2892 of the Public Utilities Code is amended to
read:
2892. (a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code). "911" shall be the primary access number for those
emergency systems. A provider of commercial mobile radio service, in
accordance with all applicable Federal Communication Commission
orders, shall transmit all "911" calls from technologically
compatible commercial mobile radio service communication devices
without requiring user validation or any similar procedure. A
provider of commercial mobile radio service may not charge any
airtime, access, or similar usage charge for any "911" call placed
from a commercial mobile radio service telecommunications device to a
local emergency telephone system.
(b) A "911" call from a commercial mobile radio service
telecommunications device may be routed to a public safety answering
point other than the Department of the California Highway Patrol only
if the alternate routing meets all of the following requirements:
(1) The "911" call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways Code,
under the jurisdiction of the Department of the California Highway
Patrol.
(2) The alternate routing is economically and technologically
feasible.
(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California Highway
Patrol.
(4) The Department of the California Highway Patrol, the
California Department of Technology
Agency , and the proposed alternate public safety answering
point, in consultation with the wireless industry, providers of "911"
selective routing service, and local
law enforcement officials, determine that it is in the
best interest of the public and will provide more effective emergency
service to the public to route "911" calls that do not originate
from a freeway, as defined in Section 23.5 of the Streets and
Highways Code, under the jurisdiction of the Department of the
California Highway Patrol to another public safety answering point.
SEC. 307. Section 2892.1 of the Public Utilities Code is amended
to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the California
Office of Emergency Management Agency
Services and the California
Department of Technology Agency , shall
open an investigative or other appropriate proceeding to identify
the need for telecommunications service systems not on the customer's
premises to have backup electricity to enable telecommunications
networks to function and to enable the customer to contact a public
safety answering point operator during an electrical outage, to
determine performance criteria for backup systems, and to determine
whether the best practices recommended by the Network Reliability and
Interoperability Council in December 2005, for backup systems have
been implemented by telecommunications service providers operating in
California. If the commission determines it is in the public
interest, the commission shall, consistent with subdivisions (c) and
(d), develop and implement performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 308. Section 7718 of the Public Utilities Code is amended to
read:
7718. (a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California Environmental
Protection Agency. The force shall be responsible for providing
immediate onsite response capability in the event of large-scale
releases of toxic materials resulting from surface transportation
accidents and for implementing the state hazardous materials incident
prevention and immediate deployment plan. This force shall act
cooperatively and in concert with existing local emergency response
units. The force shall consist of representatives of all of the
following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Public Health Services
.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Department of Boating and Waterways.
(15) California
(14) Public Utilities Commission.
(16)
(15) Any other potentially affected state,
local, or federal agency.
(17) California
(16) Office of Emergency
Management Agency Services .
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
SEC. 309. Section 185020 of the Public Utilities Code is amended
to read:
185020. (a) There is in state government
the Transportation Agency a High-Speed Rail
Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall take into consideration geographical diversity to
ensure that all regions of the state are adequately represented.
(c) Except as provided in subdivision (d), and until their
successors are appointed, members of the authority shall hold office
for terms of four years. A vacancy shall be filled by the appointing
power making the original appointment, by appointing a member to
serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who
are then members of the authority shall expire, but those members
may continue to serve until they are reappointed or until their
successors are appointed. In order to provide for evenly staggered
terms, persons appointed or reappointed to the authority after
January 1, 2001, shall be appointed to initial terms to expire as
follows:
(A) Of the five persons appointed by the Governor, one shall be
appointed to a term which expires on December 31, 2002, one shall be
appointed to a term which expires on December 31, 2003, one shall be
appointed to a term which expires on December 31, 2004, and two shall
be appointed to terms which expires on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules,
one shall be appointed to a term which expires on December 31, 2002,
and one shall be appointed to a term which expires on December 31,
2004.
(C) Of the two persons appointed by the Speaker of the Assembly,
one shall be appointed to a term which expires on December 31, 2003,
and one shall be appointed to a term which expires on December 31,
2005.
(2) Following expiration of each of the initial terms provided for
in this subdivision, the term shall expire every four years
thereafter on December 31.
(e) Members of the authority are subject to the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a
chairperson, who shall preside at all meetings of the authority, and
a vice chairperson to preside in the absence of the chairperson. The
chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking
any action by the authority.
SEC. 310. Section 41030 of the Revenue and Taxation Code is
amended to read:
41030. The California Department of
Technology Agency shall determine annually, on or
before October 1, a surcharge rate that it estimates will produce
sufficient revenue to fund the current fiscal year's 911 costs. The
surcharge rate shall be determined by dividing the costs (including
incremental costs) the California Department
of Technology Agency estimates for the
current fiscal year of 911 plans approved pursuant to Section 53115
of the Government Code, less the available balance in the State
Emergency Telephone Number Account in the General Fund, by its
estimate of the charges for intrastate telephone communications
services and VoIP service to which the surcharge will apply for the
period of January 1 to December 31, inclusive, of the next succeeding
calendar year, but in no event shall such surcharge rate in any year
be greater than three-quarters of 1 percent nor less than one-half
of 1 percent.
SEC. 311. Section 41031 of the Revenue and Taxation Code is
amended to read:
41031. The California Department of
Technology Agency shall make its determination of
the surcharge rate each year no later than October 1 and shall
notify the board of the new rate, which shall be fixed by the board
to be effective with respect to charges made for intrastate telephone
communication services and VoIP service on or after January 1 of the
next succeeding calendar year.
SEC. 312. Section 41032 of the Revenue and Taxation Code is
amended to read:
41032. Immediately upon notification by the California
Department of Technology Agency
and fixing the surcharge rate, the board shall each year no
later than November 15 publish in its minutes the new rate, and it
shall notify by mail every service supplier registered with it of the
new rate.
SEC. 313. Section 41136.1 of the Revenue and Taxation Code is
amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the California Department
of Technology Agency , even if the projects
have not yet commenced.
SEC. 314. Section 41137 of the Revenue and Taxation Code is
amended to read:
41137. The California Department of
Technology Agency shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
California Department of Technology
Agency .
SEC. 315. Section 41137.1 of the Revenue and Taxation Code is
amended to read:
41137.1. The California Department of
Technology Agency shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the California
Department of Technology Agency
for approval on or before October 1, 1978, as provided in
Section 53115 of the Government Code.
SEC. 316. Section 41138 of the Revenue and Taxation Code is
amended to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the California
Department of Technology Agency . The
California Technology Agency department
shall negotiate supplier pricing to ensure cost effectiveness and
the best value for the "911" emergency telephone number system. The
California Technology Agency department
shall pay those bills as provided in Section 41137 only under the
following conditions:
(1) The California Technology Agency
department shall have received the local agency's "911"
emergency telephone number system plan by July 1 of the prior fiscal
year and approved the plan by October 1 of the prior fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The California Technology Agency
department has reviewed and approved each line item of a
request for funding to ensure the necessity of the proposed equipment
or services and the eligibility for reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the California Technology
Agency department . Extraordinary circumstances
may warrant spending in excess of the established rate, but shall be
preapproved by the California Technology Agency
department . In determining the reimbursement rate, the
California Technology Agency department
shall utilize the approved pricing submitted by the supplier
providing the equipment or service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
California Department of Technology
Agency . Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the pricing
approved by the California Technology Agency
department shall not be reimbursed.
SEC. 317. Section 41139 of the Revenue and Taxation Code is
amended to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the California
Department of Technology Agency shall
begin paying bills as provided in Sections 41137, 41137.1, and 41138
in the 1977-78 fiscal year for plans submitted by local agencies by
July 1, 1976, to the California Technology Agency which
department that the California
Technology Agency department has approved.
SEC. 318. Section 41140 of the Revenue and Taxation Code is
amended to read:
41140. The California Department of
Technology Agency shall reimburse local agencies,
from funds appropriated from the Emergency Telephone Number Account
by the Legislature, for amounts not previously compensated for by
another governmental agency, which have been paid by agencies for
approved incremental costs or to service suppliers or communication
equipment companies for the following communications services
supplied in connection with the "911" emergency telephone number,
provided local agency plans had been approved by the
California Technology Agency department :
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
SEC. 319. Section 41141 of the Revenue and Taxation Code is
amended to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the California Department of
Technology Agency , which shall determine
payment eligibility and shall reduce the claim for charges that
exceed the approved incremental costs, approved contract amounts, or
the established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.
SEC. 320. Section 41142 of the Revenue and Taxation Code is
amended to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the California Department
of Technology Agency by service suppliers or
communications equipment companies for the installation and ongoing
communications services supplied local agencies in connection with
the "911" emergency telephone number system, and to pay claims of
local agencies which, prior to the effective date of this part, paid
amounts to service suppliers or communications equipment companies
for the installation and ongoing expenses in connection with the "911"
emergency telephone number system, the obligation of service
suppliers and local agencies to provide "911" emergency telephone
service shall terminate and service shall not again be required until
the Legislature has appropriated an amount sufficient to pay those
bills or claims. Nothing in this part shall preclude local agencies
from purchasing or acquiring any communication equipment from
companies other than the telephone service suppliers.
SEC. 321. Section 1500 of the Vehicle Code is amended to read:
1500. There is in the Business, Transportation and
Housing Transportation Agency the Department of
Motor Vehicles.
SEC. 322. Section 1505 of the Vehicle Code is amended to read:
1505. The director, with the approval of the Governor and the
Secretary of the Business, Transportation
and Housing Agency , shall organize the department in
such a manner as
that he or she may deem necessary to conduct the work of
the department.
SEC. 323. Section 2100 of the Vehicle Code is amended to read:
2100. There is in the Business, Transportation and
Housing Transportation Agency the Department of
the California Highway Patrol.
SEC. 324. Section 2109 of the Vehicle Code is amended to read:
2109. The commissioner shall organize the department with the
approval of the Governor and the Secretary of the Business,
Transportation and Housing Agency and
may arrange and classify the work of the department and may, with the
approval of the Governor and the Secretary of the Business,
Transportation and Housing Agency ,
create or abolish divisions thereof.
SEC. 325. Section 2901 of the Vehicle Code is amended to read:
2901. The Governor may appoint a highway safety representative
who shall serve in the Business, Transportation and Housing
Transportation Agency and who shall, in
consultation with the Governor and Secretary of the
Business, Transportation and Housing Agency
Transportation , prepare the California Traffic Safety Program.
The Governor is responsible for the administration of the program,
and has final approval of all phases of the program, and may take all
action necessary to secure the full benefits available to the
program under the Federal Highway Safety Act of 1966, and any
amendments thereto. The highway safety representative serves at the
pleasure of the secretary.
SEC. 326. Section 2902 of the Vehicle Code is amended to read:
2902. To the maximum extent permitted by federal law and
regulations and the laws of this state, the Governor may delegate to
the Secretary of the Business and Transportation
Agency and the highway safety representative
any power or the authority necessary to
administer the program, and the secretary and the representative may
exercise such power or this authority
once delegated.
SEC. 327. Section 11910 of the Water Code is amended to read:
11910. There shall be incorporated in the planning and
construction of each project those features (including, but not
limited to, additional storage capacity) that the department, after
giving full consideration to any recommendations which may be made by
the Department of Fish and Game, the Department of Parks and
Recreation, the Department of Boating and Waterways,
any federal agency, and any local governmental agency with
jurisdiction over the area involved, determines necessary or
desirable for the preservation of fish and wildlife, and necessary or
desirable to permit, on a year-round basis, full utilization of the
project for the enhancement of fish and wildlife and for recreational
purposes to the extent that those features are consistent with other
uses of the project, if any. It is the intent of the Legislature
that there shall be full and close coordination of all planning for
the preservation and enhancement of fish and wildlife and for
recreation in connection with state water projects by and between the
Department of Water Resources, the Department of Parks and
Recreation, the Department of Boating and Waterways,
the Department of Fish and Game, and all appropriate
federal and local agencies.
SEC. 328. Section 11910.1 of the Water Code is amended to read:
11910.1. In furtherance of the policies specified in Section
11910, the Department of Fish and Game, the Department of Parks and
Recreation, the Department of Boating and Waterways,
and other governmental agencies shall submit their
recommendations or comments on reconnaissance studies or feasibility
reports of the Department of Water Resources relating to any project
or feature of a project within 60 days following receipt of a formal
request for review from the Department of Water Resources.
SEC. 329. (a) Except as provided for in subdivision (b), the
provisions of this plan shall become operative on July 1, 2013.
(b) A state agency, department, or entity may take actions prior
to July 1, 2013, that are necessary to ensure that the provisions of
the plan become operative on July 1, 2013, and are implemented in a
timely fashion. These actions may include, but are not limited to,
reassignment of duties between state agencies, departments, or
entities, activities included in Section 12080.3 of the Government
Code, actions relating to planning for the changes provided for in
the plan, and the expenditure of funds necessary for the transfer of
authority and responsibilities accomplished by the plan.