BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    SB 78|
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                              UNFINISHED BUSINESS


          Bill No:  SB 78
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  3/17/11
          Vote:     21

           
          PRIOR SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  66-10, 3/17/11 - See last page for vote


           SUBJECT  :    Budget Act of 2011:  Public Safety

           SOURCE  :     Author


           DIGEST  :    This bill makes statutory changes necessary to 
          implement the Public Safety portion of the 2011-12 Budget 
          Bill.

           Assembly Amendments  delete intent language and now provides 
          statutory changes that are necessary to implement Public 
          Safety-related provisions of the Budget.

           ANALYSIS  :    This is the Public Safety Budget Trailer Bill. 
           It contains provisions necessary to implement the 2011-12 
          Budget, including these key changes:

            1. Department of Justice Legal Services  .  Provides the 
             Attorney General authority to bill General Fund 
             departments for providing those departments with legal 
             services.  Also requires that any billing disputes 
             between the Department of Justice and client departments 
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             shall be resolved in a manner consistent with the State 
             Administrative Manual.

            2. Office of the Inspector General Peace Officer Status  .  
             Beginning April 1, 2011, limits peace officer status for 
             employees of the Office of the Inspector General to 
             those whose primary duties include conducting 
             investigations.
           
           3. Court Case Management System Independent Review.   
             Requires that the Administrative Office of the Courts 
             (AOC), from the amount of funds approved for development 
             and implementation of the Court Case Management System 
             (CCMS), retain an independent consultant to review the 
             system and produce a written assessment.  The assessment 
             shall include an evaluation of whether the appropriate 
             software development processes were used, whether the 
             system was well designed based on generally accepted 
             software development practices, and testing of the 
             system to detect potential flaws.  Prior to acceptance 
             of the CCMS product and before deploying CCMS to any 
             courts, the AOC is required to share the written 
             assessment with the Legislature, and the AOC is required 
             to work to ensure that any flaws, defects, or risks 
             identified in the assessment are addressed during the 
             product warranty period.

            4. Court Security Fee Extension  .  Delays the expiration of 
             a $10 additional charge applied to every conviction for 
             a criminal offense, including a traffic offense, from 
             July 1, 2011 to July 1, 2013.

            5. Conservatorship Program.   Amends the Conservatorship 
             and Guardianship Act of 2006 to state that superior 
             courts shall not be required to perform the duties 
             required in the Act unless an appropriation is provided 
             by the Legislature.

            6. Judicial Branch Contracting.   Creates a new part of the 
             Public Contract Code requiring the Judicial Branch to 
             comply with provisions of the Public Contract Code that 
             apply to state agencies and departments related to the 
             procurement of goods and services, including information 
             technology goods and services.  The bill excepts from 

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             this requirement procurements related to trial court 
             construction.  The bill further excepts the Judicial 
             Branch from state oversight by the Department of General 
             Services or the State Technology Agency, except as where 
             otherwise required under state law, and it requires the 
             Judicial Council to adopt a Judicial Branch Contracting 
             Manual.  The bill also requires regular reporting of 
             Judicial Branch contracts and amendments, regular 
             auditing by the State Controller on the Branch's 
             compliance with these new provisions, and an analysis by 
             the Legislative Analyst's Office comparing Judicial 
             Branch contracting practices, timeliness, and costs for 
             construction projects with those managed by the 
             Department of General Services.


           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

           ASSEMBLY FLOOR  : 
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Garrick, Gatto, Gordon, Gorell, Hagman, Hall, Harkey, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Jeffries, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, 
            Mitchell, Monning, Nestande, Nielsen, Olsen, Pan, Perea, 
            V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wagner, Wieckowski, Williams, Yamada, John A. 
            Pérez
          NOES:  Conway, Donnelly, Halderman, Jones, Knight, Mansoor, 
            Miller, Morrell, Smyth, Valadao
          NO VOTE RECORDED:  Grove, Norby, Silva, Vacancy


          RJG:nl  3/21/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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