BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 76|
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THIRD READING
Bill No: AB 76
Author: Assembly Budget Committee
Amended: 6/12/13 in Senate
Vote: 21
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2013: General Government Omnibus
Trailer Bill
SOURCE : Author
DIGEST : This bill makes various statutory changes necessary
to implement the general government-related provisions of the
Budget Act of 2013.
ANALYSIS : This bill includes the following key changes:
1. Federal Financial Aid Compliance . Authorizes certain
institutions, which are otherwise exempt, to apply to the
Bureau of Private Postsecondary Education for authorization
to operate, and would upon approval, subject those
institutions to the regulations defined in the California
Private Postsecondary Education Act of 2009. These
provisions will be repealed on January 1, 2015.
2. Bonding Authority: Education . Reduces the amount of bonded
indebtedness authorized by the Public Education Facilities
Bond Act of 1996 by $12,965,000. The bill also repeals the
authority of the Director of the Department of General
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Services (DGS) and the State Public Works Board to take
measures to carry-out certain activities within the
jurisdiction of the Capital Area Plan.
3. Mandated Programs: Public Record Act . The California Public
Records Act (CPRA) generally provides residents the right to
inspect records held by state and local public entities and
receive copies of identifiable public records, upon request.
The following provisions of the CPRA were determined to be
state-reimbursable mandates: (a) provision of assistance in
seeking records; (b) notification of whether the requested
records may be disclosed; and (c) removal of home addresses
and telephone numbers of employees from records that are
disclosed. This bill recasts the CPRA mandate provisions as
optional best practices, and requires a local government to
either comply with these best practices or announce at its
first regularly scheduled public meeting (and annually
thereafter) that the local government will not meet the best
practices.
4. Commission on the Status of Women and Girls . Creates a fund
within the State Treasury to carry out provisions requiring
the Commission to act as an information center on the status
of women and women's educational, employment, and other
related issues.
5. Transfer of the Public Safety Communications Office .
Realigns the Public Safety Communications Office within the
Office of Emergency Services (OES). Establishes the Public
Safety Communications Division within the OES.
6. Disaster Response Account . Existing law, pursuant to the
California Disaster Assistance Act, establishes that the
Disaster Response-Emergency Operations Account in the Special
Fund for Economic Uncertainties will be operable until
January 1, 2014. These provisions extend the termination
date for these provisions until January 1, 2019.
7. Information Technology and Telecommunications Procurement .
Realigns and modifies the duties of Information Technology
(IT) procurement between DGS and the Department of
Technology. As of July 1, 2013, the Department of Technology
will be responsible for the procurement of IT goods and
services for all state agencies.
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8. Department of Finance (DOF): Contracts . Existing law
authorizes a state agency to furnish services, materials, or
equipment to, or perform work for, any other state agency,
and to enter into agreements for that purpose, subject to
approval of the Director of DGS. Existing law requires a
state agency that furnishes the services, materials, or
equipment to, or performs the work for, the other state
agency to compute charges in a manner approved by the
Director of DOF. This bill authorizes DOF to furnish
services to, or provide work for, any other state agency, as
requested by the state agency, the Governor, or the
Legislature, or as otherwise needed or directed, without
approval by the Director of DGS.
9. Crime Victims: Trauma Recovery Center Grants . Authorizes
the Victim Compensation and Government Claims Board to
administer, upon appropriation by the Legislature, a grant
program to trauma recovery centers. The grant program will
be funded by the Restitution Fund.
10.Golden State Marketplace Program . Establishes the Golden
State Marketplace Program (GS $mart). Authorizes DGS to
structure, administer, and maintain the program which will
serve as the state's centralized financing mechanism
available for state agencies to finance certain goods and
services.
11.State Personnel Board (SPB): Public Employment . Existing
law authorizes the SPB to conduct an audit of an appointing
authority's personnel practices in order to ensure civil
service regulations are upheld. Existing law requires that
SPB recover the cost of any audit or investigation from the
audited department. This bill deletes current cost recovery
procedures, and, instead, requires SPB to determine costs
associated with SPB's audit and special investigative
authority to recover costs by billing appointing authorities.
12.Department of Human Resources (CalHR): Additional
Appointments . Requires CalHR to submit reports to the Joint
Legislative Budget Committee, by November 30, 2103 and
November 30, 2014, regarding additional appointments held by
state employees.
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13.Mandated Programs: Local Agency Ethics . Existing law
requires local governments to adopt written policies
detailing the circumstances, if any, under which (a) elected
officials are entitled to reimbursement for expenses and (b)
provide specified ethics training to elected officials who
receive a salary or other form of compensation. Since it is
optional for most local governments to provide compensation
or expense reimbursement to elected officials, the
requirements of (a) and (b) are not a state reimbursable
mandate for most local governments. However, state law makes
payment of compensation and/or expense reimbursement
compulsory for a small number of local governments, and for
these select local governments, the requirements constitute a
state-reimbursable mandate. This bill eliminates this
mandate by modifying state law to make payment of
compensation or expense reimbursement optional for all local
governments.
14.Mandated Programs: Currently Suspended Mandates . Existing
law requires local governments to perform functions related
to adult felony restitution as condition of probation;
victims' statements for crimes committed by a minor;
provision of deaf teletype equipment for emergencies;
provision of pocket masks to peace officers; and information
regarding domestic violence situations. The long-suspended
mandates are currently being conducted due to standard
operating protocols, best practices, or as a result of
federal law. This bill makes these state-mandated duties and
requirements permissive.
15.California Earthquake Authority (CEA) . Existing law
authorizes the CEA to employ a maximum of 25 people subject
to civil service provisions. This bill removes the limit on
the number of people that the CEA can employ, subject to
civil service provisions.
16.Occupational Safety and Health . Existing state law provides
for the Occupational Safety and Health Standards Board and
the Division of Occupational Health and Safety (OSHA) to
promote worker safety through implementation of training and
process safety management practices in petroleum refineries
and chemical plants, and other facilities deemed appropriate.
Under existing law, OSHA may adopt fees to carry out its
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duties. This bill directs OSHA to annually fix and collect
reasonable fees, by March 31, 2014, for consultation,
inspection, adoption of standards, and other duties. The
fees are to be deposited into the Occupational Safety and
Health Fund and be sufficient to support, at a minimum, the
annual cost of fifteen positions, with moneys subject to
appropriation by the Legislature.
17.Loans from Workplace Safety and Enforcement Funds . Provides
the State Public Works Enforcement Fund with a $5 million
loan that shall be available from the California Targeted
Inspection and Consultation Fund. The loan shall be repaid
to the Occupational Safety and Health Fund by June 30, 2015.
18.Worker's Compensation: Return to Work Fund . Existing law
establishes a return-to-work program to make supplemental
payments to workers whose permanent disability benefits are
disproportionately low in comparison with their earnings
loss. This bill specifies that monies for the program remain
available for use without respect to fiscal year and only for
injuries that occur on or after January 1, 2013.
19.Department of Industrial Relations (DIR): Occupational
Safety and Health Fund (OSHF) . Existing law establishes the
OSHF and authorizes the expenditure of funds by DIR; and
establishes the Labor Enforcement and Compliance Fund (LECF)
and authorizes the expenditure of funds by DIR for labor
standards enforcement. Currently, revenue caps for the funds
are $52 million and $37 million, respectively. This bill
increases the caps to $57 million and $46 million. Existing
law establishes the Targeted Inspection and Consultation
Fund. This bill repeals the Fund and shifts any remaining
balance to the OSHF.
20.Employment Law: Displaced Janitor Opportunity Act . The
Displaced Janitor Opportunity Act currently requires
contractors and subcontractors to provide janitorial or
building maintenance services at a particular job site to
retain employees for a period of 60 days, and that the
employee be offered continued employment if their performance
is deemed satisfactory. This bill applies the provisions of
the Displaced Janitor Opportunity Act to contractors that
provide food and beverage services at a publicly-owned
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entertainment venue.
21.Industrial Relations: Construction Industry Enforcement
Fund . Currently, a person without a valid state contractor's
license, who employs a worker to perform services for which a
license is required, is subject to civil penalty, with such
penalty receipts used to enforce provisions related to
enforcement of prohibitions against employment by unlicensed
contractors. This bill directs the penalty receipts into a
different fund, the Labor Enforcement and Compliance Fund,
and be used for the same purposes.
22.DIR: Compliance Monitoring Unit . Deletes the limitation on
the amount that DIR is allowed to charge for reimbursement
related to enforcement and compliance monitoring. Also,
limits the amount of bond funds that may be utilized by an
awarding body to pay the department's fees associated with
compliance and enforcement.
23.Public Works: Working Hours and Compensation . Existing law
authorizes the awarding body of a public works project to not
require the payment of the prevailing wage if the awarding
body reimburses DIR for the cost of monitoring and enforcing
compliance with prevailing wage requirements of each public
works project awarded. DIR is required to monitor and
enforce prevailing wage requirements paid for, in whole or in
part, with public funds. This bill makes changes to the
calculation of reimbursement rates required to be made to DIR
for this purpose.
24.DGS: Office of Legal Services Review . Increases a state
agencies' exemption of contract approval by DGS to $150,000.
The exemption was previously set at $75,000.
25.Strategic Growth Council . Adds the Secretary of Business,
Consumer Services, and Housing to the Strategic Growth
Council and makes the necessary conforming changes to align
with the Governor's Reorganization Plan No. 2.
26.Antiterrorism Fund Administrative Cap . Existing law
authorizes the Department of Motor Vehicles, in conjunction
with the Department of the California Highway Patrol, to
design and make available a California memorial license
plate. Existing law requires that the revenue associated
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with the memorial license plate be deposited in the
Antiterrorism Fund. Existing law requires that no more than
5% of the Fund may be used by the administering agency for
administrative purposes. This bill further revises the
administrative cap for the administering agency, OES, and
limits the cap only to local antiterrorism efforts.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
MW:d 6/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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