BILL NUMBER: AB 1489	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2012

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

                        JANUARY 10, 2012

    An act relating to the Budget Act of 2012.  
An act to amend Sections 5092, 5093, and 5094.6 of, and to repeal
Sections 3628 and 5094.5 of, the Business and Professions Code, to
repeal Section 11535 of, and to repeal Article 3 (commencing with
Section 11675) of Chapter 6 of Part 1 of Division 3 of Title 2 of,
the Government Code, to amend Section 110552 of the Health and Safety
Code, to repeal Section 1872.1 of the Insurance Code, to repeal
Section 11062 of the Penal Code, and to amend Section 10605.2 of the
Welfare and Institutions Code, relating to state government, and
making an appropriation therefor, to take effect immediately, bill
related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1489, as amended, Committee on Budget.  Budget Act of
2012.   State boards and commissions.  
   (1) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Naturopathic
Medicine Committee within the Osteopathic Medical Board of
California. Existing law also requires the committee to establish a
naturopathic childbirth attendance advisory subcommittee to issue
recommendations concerning the practice of naturopathic childbirth
attendance based upon a review of naturopathic medical education and
training, as specified.  
   This bill would repeal the provisions providing for the
establishment of this subcommittee.  
   (2) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law
requires an applicant for an accountancy license to complete a
minimum of 24 semester units in accounting subjects and a minimum of
24 semester units in business-related subjects. Existing law, on and
after January 1, 2014, requires an applicant for an accountancy
license to complete an additional 10 semester units or 15 quarter
units in ethics study and 20 units in accounting study. Existing law
establishes the Advisory Committee on Accounting Ethics Curriculum
within the jurisdiction of the board to, by January 1, 2012,
recommend guidelines for the ethics study requirement to the board.
 
   This bill would repeal the provisions establishing the Advisory
Committee on Accounting Ethics Curriculum and would make related
conforming and technical changes.  
   (3) Existing law establishes the Committee of Executive Salaries,
and requires the committee to study issues relating to executive
salaries in the private and public sector, and to report to the
Legislature on a biannual basis on its findings and recommended
changes.  
   This bill would repeal the provisions establishing the committee.
 
   (4) Existing law requires the State Department of Public Health to
regulate certain types of candy, as defined, and requires the
department to convene an interagency collaborative to serve as an
oversight committee for the implementation of those provisions and to
work with the department in establishing and revising the required
standards.  
   This bill would repeal those provisions establishing the
interagency collaborative and would make technical and conforming
changes.  
   (5) Existing law creates the Fraud Division within the Department
of Insurance to enforce specific provisions of law regarding crimes
against insured property and insurance fraud reporting. Existing law
creates the advisory committee on automobile insurance fraud and
economic automobile theft prevention within the division to recommend
ways to coordinate the investigation, prosecution, and prevention of
automobile insurance claims fraud, and to provide assistance to the
division towards implementing the goal of reducing the frequency and
severity of fraudulent automobile insurance claims, among other
things.  
   This bill would repeal the provisions establishing the advisory
committee.  
   (6) Existing law requires the Department of Justice to establish
and chair a task force known as the Crime Laboratory Review Task
Force to review and make recommendations as to how best to configure,
fund, and improve the delivery of state and local crime laboratory
services in the future and to report its findings to the Department
of Finance and specified legislative committees by July 1, 2009.
 
   This bill would repeal the provision establishing the task force.
 
   (7) This bill would make various technical and conforming changes.
 
   (8) This bill would appropriate $1,000 from the General Fund to
the Department of Finance for administrative costs related to this
bill.  
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill. 

   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 3628 of the   Business
and Professions Code  is repealed.  
   3628.  (a) The committee shall establish a naturopathic childbirth
attendance advisory subcommittee to issue recommendations concerning
the practice of naturopathic childbirth attendance based upon a
review of naturopathic medical education and training.
   (b) The naturopathic childbirth attendance advisory subcommittee
shall be composed of an equal number of representatives from the
clinical and academic settings of physicians and surgeons, midwives,
and naturopathic doctors.
   (c) The naturopathic childbirth attendance advisory subcommittee
shall review naturopathic education, training, and practice and make
specific recommendations to the Legislature regarding the practice of
naturopathic childbirth attendance.
   (d) The committee shall make recommendations to the Legislature
not later than January 1, 2007. The naturopathic childbirth
attendance advisory subcommittee and the committee shall consult with
physicians and surgeons, midwives, and licensed naturopathic doctors
in developing the findings and recommendations submitted to the
Legislature. 
   SEC. 2.    Section 5092 of the   Business
and Professions Code   is amended to read: 
   5092.  (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
   (b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
   (c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
   (d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.

   (e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if either the educational
requirements in ethics study and accounting study established by
subdivision (b) of Section  5094, Section 5094.5, 
 5093  and Section 5094.6 are reduced or eliminated or if
the practice privilege requirements of Sections 5096 to 5096.15,
inclusive, are amended or repealed.
   (f) The amendment to Section 5096.12 made by the act adding this
subdivision shall not be deemed an amendment of that section for
purposes of subdivision (e).
   SEC. 3.    Section 5093 of the   Business
and Professions Code   is amended to read: 
   5093.  (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
   (b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the  federal  Higher Education Act of
 1965   1965,  as amended (20 U.S.C. Sec.
1001 et seq.), or meeting, at a minimum, the standards described in
subdivision (c) of Section 5094. The total educational program shall
include a minimum of 24 semester units in accounting subjects and 24
semester units in business-related subjects. This evidence shall be
provided at the time of application for admission to the examination,
except that an applicant who applied, qualified, and sat for at
least two subjects of the examination for the certified public
accountant license before May 15, 2002, may provide this evidence at
the time of application for licensure.
   (2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects, 24 semester units in business-related subjects,
and, after December 31, 2013, shall also include a minimum of 10
units of ethics study consistent with the requirements set forth in
Section 5094.3 and 20 units of accounting study consistent with the
regulations promulgated under subdivision  (c)  
(a)  of Section 5094.6. This evidence shall be presented at the
time of application for the certified public accountant license.
Nothing herein shall be deemed inconsistent with Section 5094 or
5094.6.  The Advisory Committee on Accounting Ethics
Curriculum established under Section 5094.5 may determine that a
course or a portion of a course satisfies the ethics study
requirement.  Nothing herein shall be construed to be
inconsistent with prevailing academic practice regarding the
completion of units.
   (c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
   (d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.

   (e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
   SEC. 4.    Section 5094.5 of the   Business
and Professions Code   is repealed.  
   5094.5.  (a) There is hereby created within the jurisdiction of
the board the Advisory Committee on Accounting Ethics Curriculum. For
purposes of this section, "committee" means the advisory committee
established under this section.
   (b) The committee shall consist of the following 11 members:
   (1) One member appointed by the California Public Employees
Retirement System.
   (2) Two members appointed by the Regents of the University of
California. These members shall be professors of business ethics or
accounting who have published works on the desirability and potential
contents of accounting ethics education.
   (3) Two members appointed by the California State University Board
of Trustees. These members shall be professors of business ethics or
accounting who have published works on the desirability and
potential contents of accounting ethics education.
   (4) Two members representing the California Community Colleges
appointed by the Board of Governors of the California Community
Colleges. These members shall be instructors of business ethics or
accounting.
   (5) The Senate Committee on Rules, the Speaker of the Assembly,
and the board shall each appoint one member. The members appointed by
the Senate Committee on Rules and the Speaker of the Assembly shall
be from organized labor or consumer advocacy organizations.
   (6) The Governor shall appoint one California certified public
accountant in public practice from a list provided by the California
Society of Certified Public Accountants.
   (c) The term of a member of the committee shall be at the pleasure
of the appointing authority.
   (d) The committee shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
   (e) 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. 5.    Section 5094.6 of the   Business
and Professions Code   is amended to read:  
   5094.6.  (a) No later than June 1, 2012, the committee shall
recommend to the board ethics study guidelines consisting of no less
than 10 semester units to be included as a part of the education
required under Section 5093. Ethics study may consist of academic
courses, portions of courses, or independent study offered by
degree-granting universities, colleges, or other institutions of
learning accredited by a regional or national accrediting agency.
Nothing herein shall be deemed inconsistent with prevailing academic
practice regarding completion of units.
   (b) 
    5094.6.    (a)  The board shall, no later than
January 1, 2012, by regulation, adopt guidelines for accounting study
to be included as part of the education required under Section 5093.
In promulgating these regulations, the board shall consider the
views of the Accounting Education Advisory Committee established
under Section 5094.7. 
    (c) 
    (b)  No later than six months following the issuance of
the report by the California Research Bureau regarding the Uniform
Accountancy Act's 150-hour rule, the board shall hold a hearing on
the report. At the hearing, the board shall make recommendations,
based on that report, to the National Association of State Boards of
Accountancy and the American Institute of Certified Public
Accountants for ensuring the relevancy of accountancy education to
the modern practice of accounting and shall approve a plan for the
board to seek the adoption of those recommendations and any others
the board may recommend related to enforcement and Internet
disclosure. 
    (d) 
    (c)  For purposes of this section,  the
following definitions shall apply:  
   (1) Except as provided in subdivision (c), "committee" means the
Advisory Committee on Accounting Ethics Curriculum established under
Section 5094.5.  
   (2) "Ethics study guidelines" means the guidelines for the study
of ethics adopted for California by the committee and the board
consisting of a program of learning that provides students with a
framework of ethical reasoning, professional values, and attitudes
for exercising professional skepticism and other behavior that is in
the best interest of the investing and consuming public and the
profession. At minimum, it includes academic work or independent
study and shall include a foundation for ethical reasoning and the
core values of integrity, objectivity, and independence consistent
with the International Education Standards-4 of the International
Accountants Education Standards Board, the International Federation
of Accountants Code of Ethics, and the American Institute of
Certified Public Accountants Code of Professional Conduct. 
    (3)     "Accounting
  "accounting  study" means independent study or
other academic work in accounting, business, ethics, business law, or
other academic work relevant to accounting and business, so as to
enhance the competency of students as practitioners.
   SEC. 6.    Section 11535 of the   Government
Code   , as amended by Chapter 147 of the Statutes of 2012,
is repealed.  
   11535.  (a) There is, in the Department of Technology, the
Technology Services Board.
   (b) The board shall consist of 13 members, as follows:
   (1) The Director of 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
Transportation, 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 Business, Consumer Services, and
Housing, and the Secretary of Veterans Affairs.
   (5) The Director of Emergency Services. 
   SEC. 7.    Article 3 (commencing with Section 
 11675) of Chapter 6 of Part 1 of Division 3 of Title 2 of the
  Government Code   is repealed. 
   SEC. 8.    Section 110552 of the   Health
and Safety Code  is amended to   read: 
   110552.  (a) The department shall regulate candy to ensure that
the candy is not adulterated.
   (b) For the purposes of this chapter, "candy" means any
confectionary intended for individual consumption that contains
chili, tamarind, or any other ingredient identified as posing a
health risk in regulations adopted by the office or department.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Office" means the Office of Environmental Health Hazard
Assessment.
   (2) "Adulterated candy" means any candy with lead in excess of the
naturally occurring level. Moreover, candy is adulterated if its
wrapper or the ink on the wrapper contains lead in excess of
standards which the office, in consultation with the department and
the Attorney General, shall establish by July 1, 2006.
   (3) "Naturally occurring level" of lead in candy shall be
determined by regulations adopted by the office after consultation
with the department and the Attorney General. For purposes of this
section, the "naturally occurring level" of lead in candy is only
naturally occurring to the extent that it is not avoidable by good
agricultural, manufacturing, and procurement practices, or by other
practices currently feasible. The producer and manufacturer of candy
and candy ingredients shall at all times use quality control measures
that reduce the natural chemical contaminants to the "lowest level
currently feasible" as this term is used in subsection (c) of Section
110.110 of Title 21 of the Code of Federal Regulations. The
"naturally occurring level" of lead shall not include any lead in an
ingredient resulting from agricultural equipment, fuels used on or
around soils or crops, fertilizers, pesticides, or other materials
that are applied to soils or crops or added to water used to irrigate
soils or crops. The office shall determine the naturally occurring
levels of lead in candy containing chili and tamarind no later than
July 1, 2006. The office shall determine the naturally occurring
levels of lead in candy containing other ingredients upon request by
the department or the Attorney General, and in the absence of a
request, when the office determines that the presence of the
ingredient in candy may pose a health risk. Until the office adopts
regulations determining the naturally occurring level of lead, the
Attorney General's written determination, if any, including any
determination set forth in a consent judgment entered into by the
Attorney General, of the naturally occurring level of lead in candy
or in a candy ingredient shall be binding for purposes of this
section.
   (4) "Wrapper" means all packaging materials in contact with the
candy, including, but not limited to, the paper cellophane, plastic
container, stick handle, spoon, small pot (olla), and squeeze tube,
or similar devices. "Wrapper" does not include any part of the
packaging from which lead will not leach, as demonstrated by the
manufacturer, to the satisfaction of the office.
   (d) The standards adopted pursuant to paragraphs (2) and (3) of
subdivision (c) shall be reviewed by the office every three-year to
five-year period in order to determine whether advances in scientific
knowledge, the development of better agricultural or manufacturing
practices, or changes in detection limits require revision of the
standards.
   (e) The department shall do all of the following:
   (1) Ensure that the candy is not adulterated.
   (2) Establish procedures for the testing of candy and the
certification of unadulterated candy products. The procedures shall
require candy manufacturers to certify candy as being unadulterated.
The certification shall be based on appropriate sampling and testing
protocols as determined by the office in consultation with the
Attorney General's office.
   (3) Through its Food and Drug Branch, test the samples of candy
collected pursuant to this article. The department may test any
candy, including candy tested pursuant to paragraph  (3)
  (2)  of subdivision (e) in order to ensure the
candy is unadulterated.
   (4) Adopt regulations necessary for the enforcement of this
article.
   (5) Evaluate the regulatory process, identify problems, and make
changes or report to the Legislature, as necessary.
   (f) If the candy tested pursuant  to  paragraph (2) or
(3) of subdivision (e) is found to be adulterated, the department
shall do both of the following:
   (1) Issue health advisory notices to county health departments
alerting them to the danger posed by consumption of the candy.
   (2) Notify the manufacturer and the distributor of the candy that
the candy is adulterated, and that the candy may not be sold or
distributed in the state until further testing proves that the candy
is unadulterated.
   (g) (1) For any candy found to be adulterated, the manufacturer or
distributor may request that the department test a subsequent sample
of candy. The department shall select the candy to be tested. The
cost of any subsequent sampling and testing shall be borne by the
manufacturer or distributor requesting the additional testing.
   (2) If the candy is found to be unadulterated when it is retested,
the department shall provide the manufacturer or distributor and the
county health department with a letter stating that the candy has
been retested and determined to be unadulterated, and that the sale
and distribution of the candy in the state may resume.
   (3) If the candy is found to remain adulterated when retested, the
manufacturer or distributor may take corrective measures and
continue to resubmit samples for testing until tests prove the candy
unadulterated. 
   (h) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members: 

   (1) The department.  
   (2) The Childhood Lead Poisoning Branch of the department.
 
   (3) The Food and Drug Branch of the department.  

   (4) The office.  
   (5) The office of the Attorney General.  
   (i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.  
    (j) 
    (h)  (1) The sale of adulterated candy to California
consumers is a violation of this section. Any person knowingly and
intentionally selling adulterated candy shall be subject to a civil
penalty of up to five hundred dollars ($500) per violation. The
regulations adopted shall provide that funding for this section shall
be met in part or in whole by those penalties, upon appropriation by
the Legislature.
   (2) In the event that a candy product is found to be adulterated,
the department may recover the costs incurred in the chemical
analysis of that product from the manufacturer or distributor.
   (3) Except as expressly set forth in this section, nothing in this
section shall alter or diminish any legal obligation otherwise
required in common law or by statute or regulation, and nothing in
this section shall create or enlarge any defense in any action to
enforce that legal obligation. Penalties imposed under this section
shall be in addition to any penalties otherwise prescribed by law.
   (4) This section shall not be the basis for any stay of
proceedings or other order limiting or delaying the prosecution of
any action to enforce Section 25249.6.
   SEC. 9.    Section 1872.1 of the   Insurance
Code   is repealed.  
   1872.1.  (a) There is created within the Fraud Division an
advisory committee on automobile insurance fraud and economic
automobile theft prevention, investigation, and prosecution, as
provided in this chapter. The committee shall be composed of the
Chief of the Fraud Division, a representative from the Department of
Justice, the Department of Motor Vehicles, the Division of
Investigation of the Department of Consumer Affairs, the Department
of the California Highway Patrol, the Bureau of Automotive Repair,
the Parole and Community Services Division of the Department of
Corrections, the State Bar of California, the Medical Board of
California, the State Board of Chiropractic Examiners, two
representatives from local law enforcement agencies, one of whom
shall be a prosecutor, and representatives of three insurers assessed
pursuant to Section 1872.8, and a representative of a labor
organization with members in the automotive repair business.
   (b) The commissioner shall select representatives from local law
enforcement agencies from names submitted from local law enforcement
agencies. The commissioner shall select one insurer representative
from each of the following three categories from nominees submitted
by insurers in each category: one representative of insurers with
average annual automobile liability premiums in California of less
than one hundred million dollars ($100,000,000) in the preceding
three years; one representative of insurers with average annual
automobile liability premiums in California between one hundred
million dollars ($100,000,000) and seven hundred million dollars
($700,000,000) in the preceding three years; and one representative
of insurers with average annual automobile liability premiums in
California exceeding seven hundred million dollars ($700,000,000) in
the preceding three years. At least one insurer representative shall
be employed by an insurer having its principal headquarters in
California. Members appointed by the commissioner shall serve at the
pleasure of the commissioner. Representatives from other agencies
shall be selected by the agencies represented.
   (c) The advisory committee shall elect one of its members annually
to chair its meetings. The chair shall conduct quarterly meetings of
the committee in California and at such other times as he or she
deems appropriate. Members of the committee shall serve without
compensation except for expenses incidental to attendance at meetings
called by the chair. A report of the committee's activities shall be
included in the report required under Section 1872.9.
   (d) The purpose and goals of the advisory committee are as
follows:
   (1) Recommend to the Fraud Division and other appropriate public
agencies and private sector entities ways to coordinate the
investigation, prosecution, and prevention of automobile insurance
claims fraud, including economic automobile theft.
   (2) Provide assistance to the Fraud Division towards implementing
the goal of reducing the frequency and severity of fraudulent
automobile insurance claims (adjusted for population growth and
inflation) of 20 percent in urban areas and 10 percent in rural
                                      areas of the state within a
24-month period from the effective date of this chapter by utilizing
resources set forth in Section 1872.8.
   (3) Assure that preventive, investigative, prosecutive, and data
collection efforts undertaken by the Fraud Division pursuant to this
chapter are efficient, cost-effective, and complement similar efforts
undertaken by law enforcement agencies and insurers.
   (4) Make recommendations for inclusion in the Fraud Division's
annual report required by Section 1872.9. 
   SEC. 10.    Section 11062 of the   Penal
Code   is repealed.  
   11062.  (a) The Department of Justice shall establish and chair a
task force to conduct a review of California's crime laboratory
system.
   (b) The task force shall be known as the "Crime Laboratory Review
Task Force." The composition of the task force shall, except as
specified in paragraph (16), be comprised of one representative of
each of the following entities:
   (1) The Department of Justice.
   (2) The California Association of Crime Laboratory Directors.
   (3) The California Association of Criminalists.
   (4) The International Association for Identification.
   (5) The American Society of Crime Laboratory Directors.
   (6) The Department of the California Highway Patrol.
   (7) The California State Sheriffs' Association, from a department
with a crime laboratory.
   (8) The California District Attorneys Association, from an office
with a crime laboratory.
   (9) The California Police Chiefs Association, from a department
with a crime laboratory.
   (10) The California Peace Officers' Association.
   (11) The California Public Defenders Association.
   (12) A private criminal defense attorney organization.
   (13) The Judicial Council, to be appointed by the Chief Justice.
   (14) The Office of the Speaker of the Assembly.
   (15) The Office of the President pro Tempore of the Senate.
   (16) Two representatives to be appointed by the Governor.
   (c) The task force shall review and make recommendations as to how
best to configure, fund, and improve the delivery of state and local
crime laboratory services in the future. To the extent feasible, the
review and recommendations shall include, but are not limited to,
addressing the following issues:
   (1) With respect to organization and management of crime
laboratory services, consideration of the following:
   (A) If the existing mix of state and local crime laboratories is
the most effective and efficient means to meet California's future
needs.
   (B) Whether laboratories should be further consolidated. If
consolidation occurs, who should have oversight of crime
laboratories.
   (C) If management responsibilities for some laboratories should be
transferred.
   (D) Whether all laboratories should provide similar services.
   (E) How other states have addressed similar issues.
   (2) With respect to staff and training, consideration of the
following:
   (A) How to address recruiting and retention problems of laboratory
staff.
   (B) Whether educational and training opportunities are adequate to
supply the needs of fully trained forensic criminalists in the
future.
   (C) Whether continuing education is available to ensure that
forensic science personnel are up-to-date in their fields of
expertise.
   (D) If crime laboratory personnel should be certified, and, if so,
the appropriate agency to assume this responsibility.
   (E) The future educational role, if any, for the University of
California or the California State University.
   (3) With respect to funding, consideration of the following:
   (A) Whether the current method of funding laboratories is
predictable, stable, and adequate to meet future growth demands and
to provide accurate and timely testing results.
   (B) The adequacy of salary structures to attract and retain
competent analysts and examiners.
   (4) With respect to performance standards and equipment,
consideration of the following:
   (A) Whether workload demands are being prioritized properly and
whether there are important workload issues not being addressed.
   (B) If existing laboratories have the necessary capabilities,
staffing, and equipment.
   (C) If statewide standards should be developed for the
accreditation of forensic laboratories, including minimum staffing
levels, and if so, a determination regarding what entity should serve
as the sanctioning body.
   (d) The task force also shall seek input from specialized law
enforcement disciplines, other state and local agencies, relevant
advocacy groups, and the public. The final report also shall include
a complete inventory of existing California crime laboratories. This
inventory shall contain sufficient details on staffing, workload,
budget, major instrumentation, and organizational placement within
the controlling agency.
   (e) The first meeting of the task force shall occur no later than
December 9, 2007.
   (f) On or before July 1, 2009, the task force shall submit a final
report of its findings to the Department of Finance and to the
budget and public safety committees of both houses of the
Legislature. 
   SEC. 11.    Section 10605.2 of the   Welfare
and Institutions Code   is amended   to read:

   10605.2.  If the director believes that a county probation
department is substantially failing to comply with any provision of
this code or any regulation pertaining to the placement activities
required to be performed by the probation department to ensure that
the needs of wards in placements whose board and care is funded
through the Aid to Families with Dependent Children-Foster Care
program are met, and the director determines that formal action may
be necessary to secure compliance, he or she shall inform the chief
probation officer, the presiding judge of the juvenile court, and the
board of supervisors of that failure. The notice to the chief
probation officer, the presiding judge of the juvenile court, and
board of supervisors shall be in writing and shall allow the county
probation department a specified period of time, not less than 30
days, to correct its failure to comply with the law or regulations.
If within the specified period the county probation department does
not comply or provide reasonable assurances in writing that it will
comply within the additional time as the director may allow, the
director may take one or both of the following actions:
   (a) Bring an action for injunctive relief to secure immediate
compliance.
   Any county probation department that is found to be failing in a
substantial manner to comply with the law or regulations pertaining
to placement activities required to be performed by the probation
department to ensure that the needs of wards in placement whose board
and care is funded through the Aid to Families with Dependent
Children-Foster Care program are met, may be enjoined by any court of
competent jurisdiction. The court may make orders or judgments as
may be necessary to secure county probation department compliance.
   (b) Order the county probation department to appear at a hearing
before the director  with the State Social Services Advisory
Board Committee on Welfare and Social Services  to show
cause why the director should not take administrative action to
secure compliance. The hearing shall be conducted pursuant to the
rules and regulations of the department.
   If the director determines, based on the record established at the
 hearing and the advice of the State Social Services
Advisory Board Committee on Welfare and Social Services, 
 hearing,  that the county probation department is failing
to comply with the provisions of this code or the regulations
pertaining to the placement activities required to be performed by
the probation department to ensure that the needs of wards in
placement funded through the Aid to Families with Dependent
Children-Foster Care program are met, or if the State Personnel Board
certifies to the director that a county probation department is not
in conformity with established merit system standards under Part 2.5
(commencing with Section 19800) of Division 5 of Title 2 of the
Government Code, and that administrative sanctions are necessary to
secure compliance, the director may invoke either of the following
sanctions:
   (1) Withhold all or part of state and federal funds from the
county probation department until the county probation department
demonstrates to the director that it has complied.
   (2) Assume, temporarily, direct responsibility for fulfilling the
placement activities required by law and regulations to ensure that
the needs of the wards in placement funded through the Aid to
Families with Dependent Children-Foster Care program are met, until
the time as the county probation department provides reasonable
assurances to the director of its intention and ability to comply.
During the period of direct state administrative responsibility, the
director or his or her authorized representative shall have all of
the powers and responsibilities of the chief probation officer with
regard to placement requirements for wards whose board and care is
funded through the Aid to Families with Dependent Children-Foster
Care program, except that he or she shall not be subject to the
authority of the board of supervisors.
   In the event that the director invokes sanctions pursuant to this
section, the county probation department shall be responsible for
providing any funds as may be necessary for the continued fulfillment
of placement activities as required by law and regulation for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program administered on
behalf of the department in the county probation department. If a
county probation department fails or refuses to provide these funds,
including a sufficient amount to reimburse any and all costs incurred
by the department in performing the activities required for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program in the county
probation department, the Controller may deduct an amount certified
by the director as necessary for the continued operation of these
programs by the department from any state or federal funds payable to
the county probation department for any purpose.
   Nothing in this section shall be construed as preventing a county
probation department from seeking judicial review under Section
1094.5 of the Code of Civil Procedure of any final decision of the
director made after a hearing conducted under this section. This
review shall be the exclusive remedy available to the county
probation department for review of the director's decision.
   Nothing in this section shall be construed as preventing the
director from bringing an action for writ of mandamus or any other
action in court as may be appropriate to ensure that there is no
interruption in the provision of benefits to any person eligible
therefor under the provisions of this code or the regulations of the
department.
   SEC. 12.    There is hereby appropriated one thousand
dollars ($1,000) from the General Fund to the Department of Finance
for administrative costs related to this act. 
   SEC. 13.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.