as amended, Committee on Budget and Fiscal Review.
begin deleteBudget Act of 2013. end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
begin deleteAn amount of up to two end deletebillion begin delete twenty-fiveend delete
11 million dollars
begin delete ($2,025,000,000)end delete
12 of the proceeds of bonds issued and sold pursuant
13to this chapter shall be deposited in the State School Building
begin deleteAn amount of up to nine end deletehundred seventy-five
18million dollars ($975,000,000) of the proceeds of bonds issued
19and sold pursuant to this chapter shall be deposited in the 1996
20Higher Education Capital Outlay Bond Fund, which is hereby
(a) (1) In furtherance of the Capitol Area Plan, the
27objectives of Resolution Chapter 131 of the Statutes of 1991, and
28the legislative findings and declarations contained in Chapter 193
29of the Statutes of 1996, relative to the findings by the Urban Land
30Institute, the director may purchase, exchange, or otherwise acquire
31real property and construct facilities, including any improvements,
32betterments, and related facilities, within the jurisdiction of the
33Capitol Area Plan in the City of Sacramento pursuant to this
34section. The total authorized scope of the project shall consist of
35approximately 1,400,000 gross square feet of office space on
36state-owned land in the Capitol area in downtown Sacramento on
37Block 204 (bounded by 7th, 8th, O, and P Streets) or Block 203
38(bounded by 7th, 8th, N, and O Streets), or both of those blocks.
39The project shall include associated parking onsite and in a parking
40garage to be constructed on Block 266 (bounded by 8th, 9th, Q,
P19 1and R Streets). The project cost shall include the cost of
2rehabilitation of the Heilbron House currently located on Block
3204, and the project cost may include the cost of relocation of the
5(2) The project may include residential development and
6additional commercial space, subject to all of the following
8(A) The inclusion of the residential development and additional
9commercial space shall not reduce the scope of the approximately
101,400,000 gross square feet of office space described in paragraph
12(B) The inclusion of the residential development and additional
13commercial space shall not expand the state’s cost beyond that
14authorized in paragraph (3) of subdivision (b).
15(C) Any cost associated with the residential space shall not be
16funded by any lease-revenue bonds authorized for the project.
17(D) Notwithstanding subdivision (b) of Section 8169, the
18department may sell, lease, or otherwise transfer a portion of the
19parcel not used to develop the approximately 1,400,000 gross
20square feet of office space described in paragraph (1) to the Capitol
21Area Development Authority created by the joint powers agreement
22executed pursuant to Section 8169.4, a private developer, or both,
23for the residential or additional commercial development.
24(E) The residential and additional commercial development
25may be funded and constructed by the Capitol Area Development
26Authority, a private developer, or both.
27(F) In order to address security concerns, no part of the
28residential development may be included in the same structure as
29the approximately 1,400,000 gross square feet of office space
30described in paragraph (1). This restriction applies to residential
31living quarters, residential parking, and any utilities necessary for
32the residential development.
33(b) (1) The department may contract for the lease,
34lease-purchase, lease with an option to purchase, acquisition,
35design, design-build, construction, deconstruction, construction
36management, and other services related to the design and
37construction of the office and parking facilities. If the director
38selects design-build as the method of delivery, the department shall
39use the method of design-build authorized by clause (i) of
40subparagraph (A) of paragraph (3) of subdivision (d) of Section
P20 114661. The State Public Works Board may issue revenue bonds,
2negotiable notes, or negotiable bond anticipation notes pursuant
3to the State Building Construction Act of 1955 (Part 10b
4(commencing with Section 15800) of Division 3) to finance all
5costs associated with the acquisition, design, and construction of
6office and parking facilities for the purposes of this section. The
7State Public Works Board and the department may borrow funds
8for project costs from the Pooled Money Investment Account
9pursuant to Sections 16312 and 16313. In the event the bonds
10authorized by the project are not sold, the Department of General
11Services shall commit a sufficient amount of its support budget to
12repay any outstanding loans. It is the intent of the Legislature that
13this commitment shall be included in future Budget Acts until all
14outstanding loans are repaid either through the proceeds from the
15sale of bonds or from an appropriation.
16(2) The amount of revenue bonds, negotiable notes, or negotiable
17bond anticipation notes to be sold may equal, but shall not exceed,
18the cost of land, planning, preliminary plans, working drawings
19or concept drawings, performance criteria, construction,
20deconstruction, furnishings, equipment, construction management
21and supervision, other costs relating to the design and construction
22of the facilities, exercising any purchase option, and any additional
23sums necessary to pay interim and permanent financing costs. The
24additional amount may include interest and the establishment of
25a reasonable construction reserve fund to ensure that the funds are
26available in the event future augmentations are needed to complete
27the facilities authorized by this section. If the construction reserve
28funds are not needed to complete construction, they shall be used
29to repay the future debt payments.
30(3) Authorized costs of the facilities for planning, concept
31drawings or preliminary plans, working drawings, demolition,
32construction, and other costs shall not exceed three hundred
33ninety-one million dollars ($391,000,000). Notwithstanding Section
3413332.11, the State Public Works Board may authorize the
35augmentation of the amount authorized under this paragraph by
36up to 10 percent of the amount authorized.
37(4) The net present value of the cost to acquire and operate the
38facilities authorized by subdivision (a) may not exceed the net
39present value of the cost to lease and operate an equivalent amount
40of comparable consolidated office space over the same time period.
P21 1The department shall perform this analysis and shall obtain interest
2rates, discount rates, and Consumer Price Index figures from the
3Treasurer. For purposes of this analysis, the department shall
4compare the cost of acquiring and operating the proposed facilities
5with the amount saved from not having to pay the cost of leasing
6and operating an equivalent amount of comparable consolidated
7office space that would no longer need to be leased.
8(5) The department is authorized and directed to execute and
9deliver any and all leases, contracts, agreements, or other
10documents necessary or advisable to consummate the sale of bonds
11or otherwise effectuate the financing of the project described in
13(6) The State Public Works Board shall not itself be deemed a
14lead or responsible agency for purposes of the California
15Environmental Quality Act (Division 13 (commencing with Section
1621000) of the Public Resources Code) for any activities under the
17State Building Construction Act of 1955 (Part 10b (commencing
18with Section 15800) of Division 3). This paragraph does not
19exempt the department from the requirements of the California
20Environmental Quality Act. This paragraph is declarative of
For purposes of this article, the following terms have
2the following meanings:
3(a) “Backward compatibility” means that the equipment is able
4to function with older, existing equipment.
5(b) “Committee” means the Public Safety Radio Strategic
6Planning Committee, that was established in December 1994 in
7recognition of the need to improve existing public radio systems
8and to develop interoperability among public safety departments
9and between state public safety departments and local or federal
10entities, and that consists of representatives of the following state
begin delete California Emergency Management Agency,end delete who shall serve as chairperson.
14(2) The Department of the California Highway Patrol.
15(3) The Department of Transportation.
16(4) The Department of Corrections and Rehabilitation.
17(5) The Department of Parks and Recreation.
18(6) The Department of Fish and
begin delete Gameend delete.
19(7) The Department of Forestry and Fire Protection.
20(8) The Department of Justice.
21(9) The Department of Water Resources.
22(10) The State Department of Public Health.
23(11) The Emergency Medical Services Authority.
begin delete California Technology Agency.end delete
26(13) The Military Department.
27(14) The Department of Finance.
28(c) “First response agencies”
means public agencies that, in the
29early stages of an incident, are responsible for, among other things,
30the protection and preservation of life, property, evidence, and the
31environment, including, but not limited to, state fire agencies, state
32and local emergency medical services agencies, local sheriffs’
33departments, municipal police departments, county and city fire
34departments, and police and fire protection districts.
35(d) “Nonproprietary equipment or systems” means equipment
36or systems that are able to function with another manufacturer’s
37equipment or system regardless of type or design.
38(e) “Open architecture” means a system that can accommodate
39equipment from various vendors because it is not a proprietary
P23 1(f) “Public safety radio subscriber” means the ultimate end user.
2Subscribers include individuals or organizations, including, for
3example, local police departments, fire departments, and other
4operators of a public safety radio system. Typical subscriber
5equipment includes end instruments, including mobile radios,
6hand-held radios, mobile repeaters, fixed repeaters, transmitters,
7or receivers that are interconnected to utilize assigned public safety
9(g) “Public safety spectrum” means the spectrum allocated by
10the Federal Communications Commission for operation of
11interoperable and general use radio communication systems for
12public safety purposes within the state.
(a) Except as provided in subdivision (c), a state
16department that purchases public safety radio communication
17equipment shall ensure that the equipment purchased complies
18with applicable provisions of the following:
19(1) The common system standards for digital public safety radio
20communications commonly referred to as the “Project 25
21Standard,” as that standard may be amended, revised, or added to
22in the future jointly by the Association of Public-Safety
23Communications Officials, Inc., National Association of State
24Telecommunications Directors, and agencies of the federal
25government, commonly referred to as “APCO/NASTD/FED.”
26(2) The operational and functional requirements delineated in
27the Statement of Requirements for Public Safety Wireless
28Communications and Interoperability developed by the SAFECOM
29Program under the United States Department of Homeland
31(b) Except as provided in subdivision (c), a local first response
32agency that purchases public safety radio communication
33equipment, in whole or in part, with state funds or federal funds
34administered by the state, shall ensure that the equipment purchased
35complies with paragraphs (1) and (2) of subdivision (a).
36(c) Subdivision (a) or (b) shall not apply to either of the
38(1) Purchases of equipment to operate with existing state or
39local communications systems where the latest applicable standard
P24 1will not be compatible, as verified by the
begin delete California
3(2) Purchases of equipment for existing statewide low-band
4public safety communications systems.
5(d) This section may not be construed to require an affected
6state or local governmental agency to compromise its immediate
7mission or ability to function and carry out its existing
(a) A budget proposal submitted by a state agency for
12support of a new or modified radio system shall be accompanied
13by a technical project plan that includes all of the following:
14(1) The scope of the project.
15(2) Alternatives considered.
16(3) Justification for the proposed solution.
17(4) A project implementation plan.
18(5) A proposed timeline.
19(6) Estimated costs by fiscal year.
20(b) The committee shall review the plans submitted pursuant to
21subdivision (a) for consistency with the statewide integrated public
22safety communication strategic plan
begin delete included in the annual report .
23required pursuant to Section 8592.6end delete
begin delete California Technology Agencyend delete shall review the plans submitted pursuant to subdivision
26(a) for consistency with the technical requirements of the statewide
27integrated public safety communication strategic plan
begin delete included in .
28the annual report required pursuant to Section 8592.6end delete
(a) The Disaster Response-Emergency Operations
32Account is hereby established in the Special Fund for Economic
33Uncertainties. Notwithstanding Section 13340, moneys in the
34account are continuously appropriated, subject to the limitations
35specified in subdivisions (c) and (d), without regard to fiscal years,
36for allocation by the Director of Finance to state agencies for
37disaster response operation costs incurred by state agencies as a
38result of a proclamation by the Governor of a state of emergency,
39as defined in subdivision (b) of Section 8558. These allocations
P25 1may be for activities that occur within 120 days after a
2proclamation of emergency by the Governor.
3(b) It is the intent of the Legislature that the Disaster
4 Response-Emergency Operations Account have an unencumbered
5balance of one million dollars ($1,000,000) at the beginning of
6each fiscal year. If this account requires additional moneys to meet
7claims against the account, the Director of Finance may transfer
8moneys from the Special Fund for Economic Uncertainties to the
9account in an amount sufficient to pay the amount of the claims
10that exceed the unencumbered balance in the account.
11(c) Funds shall be allocated from the account subject to the
12conditions of this section and upon notification by the Director of
13Finance to the Chairperson of the Joint Legislative Budget
14Committee and the chairpersons of the fiscal committees in each
16(d) Notwithstanding any other law, authorizations for
17acquisitions, relocations, and environmental mitigations related to
18activities, as described in subdivision (a), shall be authorized
19pursuant to this section. However, these funds shall be authorized
20only for needs that are a direct consequence of the proclaimed
21emergency if failure to undertake the project may interrupt essential
22state services or jeopardize public health or safety. In addition,
23any acquisition accomplished under this subdivision shall comply
24with any otherwise applicable law, except as provided in the first
25sentence of this subdivision.
begin deleteNo funds end deleteallocated under this section shall be
27used to supplant federal funds otherwise available in the absence
28of state financial relief.
29(f) The amount of
financial assistance provided to an individual,
30business, or governmental entity under this section, or pursuant to
31any other program of state-funded disaster assistance, shall be
32deducted from sums received in payment of damage claims asserted
33against the state, its agents, or employees, for causing or
34contributing to the effects of the proclaimed disaster.
begin deleteNo end deletepublic entity administering disaster assistance to
36individuals shall receive funds under this section unless it
37administers that assistance pursuant to the following criteria:
38(1) All applications, forms, and other
written materials presented
39to persons seeking assistance shall be available in English and in
P26 1the same language as that used by the major non-English-speaking
2group within the disaster area.
3(2) Bilingual staff who reflect the demographics of the disaster
4area shall be available to applicants.
5(h) Notwithstanding any other
begin delete provision ofend delete law, begin delete noend delete funds in the
6Disaster Response-Emergency Operations Account shall be
7expended for conditions in the state’s prisons, medical facilities,
8or youth correctional facilities resulting solely from the action or
9inaction of the Department of Corrections and Rehabilitation in
10administering those facilities.
11(i) This section shall remain in effect only until January 1,
begin delete 2014end delete
12, and as of that date is repealed, unless a later enacted statute,
13that is enacted before January 1,
begin delete 2014end delete, deletes or extends
begin delete(1)end delete begin delete end deleteThe Stephen P. Teale Data Center and the
18California Health and Human Services Agency Data Center are
19consolidated within, and their functions are transferred to, the
20Office of Technology Services.
22 Except as expressly provided otherwise in this chapter, the
23Office of Technology Services is the successor to, and is vested
24with, all of the duties, powers, purposes, responsibilities, and
25jurisdiction of the Stephen P. Teale Data Center, and the California
26Health and Human Services Agency Data Center. Any reference
27in statutes, regulations, or contracts to those entities with respect
28to the transferred functions shall be construed to refer to the Office
29of Technology Services unless the context clearly requires
31(3) Noend delete
license, or any other agreement to which either the
33Stephen P. Teale Data Center or the California Health and Human
34Services Agency Data Center is a party shall be void or
35voidable by reason of this chapter, but shall continue in full force
36and effect, with the Office of Technology Services assuming all
37of the rights, obligations, and duties of the Stephen P. Teale Data
38Center or the California Health and Human Services Agency Data
P27 1 Notwithstanding subdivision (e) of Section 11793 and
2subdivision (e) of Section 11797, on and after the effective date
3of this chapter, the balance of any funds available for expenditure
4by the Stephen P. Teale Data Center and the California Health and
5Human Services Agency Data Center, with respect to business
6telecommunications systems and services functions in carrying
7out any functions transferred to the Office of Technology Services
8by this chapter, shall be transferred to the Technology Services
9Revolving Fund created by Section 11544, and shall be made
10available for the support and maintenance of the Office of
12(5) All references in statutes, regulations, or contractsend delete
13to the former
14Stephen P. Teale Data Center Fund or the California Health and
15Human Services Data Center Revolving Fund shall be construed
16to refer to the Technology Services Revolving Fund unless the
17context clearly requires otherwise.
19 All books, documents, records, and property of the Stephen
20P. Teale Data Center and the California Health and Human Services
21Agency Data Center, excluding the Systems Integration Division,
22shall be transferred to the Office of Technology Services.
23(7) (A)end delete
24 All officers and employees of the former Stephen P.
25Teale Data Center and the California Health and Human Services
26Agency Data Center, are transferred to the Office of Technology
29 The status, position, and rights of any officer or employee
30of the Stephen P. Teale Data Center and the California Health and
31Human Services Agency Data Center, shall not be affected by the
32transfer and consolidation of the functions of that officer or
33employee to the Office of Technology Services.
34(b) (1) All duties and functions of the Telecommunications
35Division of the Department of General Services are transferred to
36the California Technology Agency.
37(2) Unless the context clearly requires otherwise, whenever the
38term “Telecommunications Division of the Department of General
39Services” appears in any statute, regulation, or contract, it shall be
40deemed to refer to the California Technology Agency.
P28 1(3) All employees serving in state civil service, other than
2temporary employees, who are engaged in the performance of
3functions transferred to the California Technology Agency, are
4transferred to the California Technology Agency. The status,
5positions, and rights of those persons shall not be affected by their
6transfer and shall continue to be retained by them pursuant to the
7State Civil Service Act (Part 2 (commencing with Section 18500)
8of Division 5), except as to positions the duties of which are vested
9in a position exempt from civil service. The personnel records of
10all transferred employees shall be transferred to the California
12(4) The property of any office, agency, or department related
13to functions transferred to the California Technology Agency, are
14transferred to the California Technology Agency. If any doubt
15arises as to where that property is transferred, the Department of
16General Services shall determine where the property is transferred.
17(5) All unexpended balances of appropriations and other funds
18available for use in connection with any function or the
19administration of any law transferred to the California Technology
20Agency shall be transferred to the California Technology Agency
21for the use and for the purpose for which the appropriation was
22originally made or the funds were originally available. If there is
23any doubt as to where those balances and funds are transferred,
24the Department of Finance shall determine where the balances and
25funds are transferred.
(a) Claims under this chapter shall be paid from the
22(b) Notwithstanding Section 13340, the
24proceeds in the Restitution Fund are hereby continuously
25appropriated to the board, without regard to fiscal years, for the
26purposes of this chapter. However, the funds appropriated pursuant
27to this section for administrative costs of the board shall be subject
28to annual review through the State Budget process.
29(c) A sum not to exceed 15 percent of the amount
30annually to pay claims pursuant to this chapter may be withdrawn
31from the Restitution Fund, to be used as a revolving fund by the
32board for the payment of emergency awards pursuant to Section
(a) Where the Legislature directs or authorizes the
37department to maintain, develop, or prescribe processes,
38procedures, or policies in connection with the administration of
39its duties under this chapter, Chapter 2 (commencing with Section
begin delete orend delete Part 2
P32 1(commencing with Section 10100) of Division 2 of the Public
2Contract Code, the action by the department shall be exempt from
3the Administrative Procedure Act (Chapter 3.5 (commencing with
4Section 11340), Chapter 4 (commencing with Section 11370),
5Chapter 4.5 (commencing with Section 11400), and Chapter 5
6(commencing with Section 11500)). This section shall apply to
7actions taken by the department with respect to the State
8Administrative Manual and the State Contracting Manual.
9(b) To the extent permitted by the United States and California
10Constitutions, subdivision (a) also applies to actions taken by the
11department prior to January 1, 1999, with respect to competitive
12procurement in the State Administrative Manual and the State
Unless the context requires otherwise, as used in this
25part, the following terms shall have the following meanings:
26(a) “Agency” means the California Technology Agency.end delete
28 “Division” means the Public Safety Communications
29Division established by this part.
This part shall apply only to those communications
34facilities which are owned and operated by public agencies in
35connection with official business of law enforcement services, fire
36services, natural resources services, agricultural services, and
37highway maintenance and control of the state or of cities, counties,
38and other political subdivisions in this state. This part shall not be
39construed as conferring upon the
begin delete agencyend delete
control of programs
40or broadcasts intended for the general public.
Radio and other communications facilities owned or
4operated by the state and subject to the jurisdiction of the
begin delete agencyend delete
5 shall not be used for political, sectarian, or propaganda
6purposes. The facilities shall not be used for the purpose of
7broadcasts intended for the general public, except for fire, flood,
8frost, storm, catastrophe, and other warnings and information for
9the protection of the public safety as the
begin delete agencyend delete may
begin delete agencyend delete may do all of the following:
14(a) Provide adequate representation of local and state
15governmental bodies and agencies before the Federal
16Communications Commission in matters affecting the state and
17its cities, counties, and other public agencies regarding public
18safety communications issues.
19(b) Provide, upon request, adequate advice to state and local
20agencies in the state concerning existing or proposed public safety
21communications facilities between any and all of the following:
22cities, counties, other political subdivisions of the state, state
23departments, agencies, boards, and commissions, and departments,
24agencies, boards, and commissions of other states and federal
26(c) Recommend to the appropriate state and local agencies rules,
27regulations, procedures, and methods of operation that it deems
28necessary to effectuate the most efficient and economical use of
29publicly owned and operated public safety communications
30facilities within this state.
31(d) Provide, upon request, information and data concerning the
32public safety communications facilities that are owned and operated
33by public agencies in connection with official business of public
35(e) Carry out the policy of this part.
The Public Safety Communications Division is
39established within the
begin delete agencyend delete. The duties of the division
40shall include, but not be limited to, all of the following:
P36 1(a) Assessing the overall long-range public safety
2communications needs and requirements of the state considering
3emergency operations, performance, cost, state-of-the-art
4technology, multiuser availability, security, reliability, and other
5factors deemed to be important to state needs and requirements.
6(b) Developing strategic and tactical policies and plans for
7safety communications with consideration for the systems and
8requirements of the state and all public agencies in this state, and
9preparing an annual strategic communications plan that includes
10the feasibility of interfaces with federal and other state
11telecommunications networks and services.
12(c) Recommending industry standards for public safety
13communications systems to ensure multiuser availability and
15(d) Providing advice and assistance in the selection of
16communications equipment to ensure that the public safety
17communications needs of state agencies are met and that
18procurements are compatible throughout state agencies and are
19consistent with the state’s strategic and tactical plans for public
21(e) Providing management oversight of statewide public safety
22 communications systems developments.
23(f) Providing for coordination of, and comment on, plans,
24policies, and operational requirements from departments that utilize
25public safety communications in support of their principal function,
26such as the
begin delete California Emergency Management Agency,end delete National
27Guard, health and safety agencies, and others with primary public
28safety communications programs.
29(g) Monitoring and participating on behalf of the state in the
30proceedings of federal and state regulatory agencies and in
31congressional and state legislative deliberations that have an impact
32on state government public safety communications activities.
33(h) Developing plans regarding teleconferencing as an
34alternative to state travel during emergency situations.
35(i) Ensuring that all radio transmitting devices owned or operated
36by state agencies and departments are licensed, installed, and
37maintained in accordance with the requirements of federal law. A
38request for a federally required license for a state-owned radio
39transmitting device shall be sought only in the name of the “State
P37 1(j) Acquiring, installing, equipping, maintaining, and operating
2new or existing public safety communications systems and facilities
3for public safety agencies. To accomplish that purpose, the division
4is authorized to enter into contracts, obtain licenses, acquire
5property, install necessary equipment and facilities, and do other
6necessary acts to provide adequate and efficient public safety
7communications systems. Any systems established shall be
8available to all public agencies in the state on terms that may be
9agreed upon by the public agency and the division.
10(k) Acquiring, installing, equipping, maintaining, and operating
11all new or replacement microwave communications systems
12operated by the state, except microwave equipment used
13exclusively for traffic signal and signing control, traffic metering,
14and roadway surveillance systems. To accomplish that purpose,
15the division is authorized to enter into contracts, obtain licenses,
16acquire property, install necessary equipment and facilities, and
17do other necessary acts to provide adequate and efficient
18microwave communications systems. Any system established shall
19be available to all public safety agencies in the state on terms that
20may be agreed upon by the public agency and the division.
21(l) This chapter shall not apply to Department of Justice
22communications operated pursuant to Chapter 2.5 (commencing
23with Section 15150) of Part 6.
The board shall recover from an audited department
7the entire cost of any audit or investigation conducted under this
(a) The total cost to the
6state of maintaining and operating the hearing office of the
begin delete board board, in advance or upon any other
7shall be determined by theend delete
8basis as it may determine, utilizing information from the state
9agencies for which services are provided by the hearing office.
10(b) The board shall be reimbursed for the entire cost of hearings
11conducted by the hearing office pursuant to statutes administered
12by the board, or by interagency agreement. The board may bill the
13appropriate state agencies for the costs incurred in conducting
14hearings involving employees of those state agencies, and
15employees of the California State University pursuant to Sections
1689535 to 89542, inclusive, of the Education Code, and may bill
17the state departments having responsibility for the overall
18administration of grant-in-aid programs for the costs incurred in
19conducting hearings involving employees not administering their
20own merit systems pursuant to Chapter 1 (commencing with
21Section 19800) of Part 2.5. All costs collected by the board
22pursuant to this section shall
begin delete onlyend delete be used for purposes of
23maintaining and operating the hearing office of the board.
begin deleteA end deletecounty, whether general law or chartered,
6which provides any emergency services,
begin delete shallend delete
7 provide deaf teletype equipment at a central location within the
8county to relay requests for such emergency services.
begin delete shallend delete be allowed their actual expenses
12in going to, attendance upon, and returning from state association
13meetings and their actual and necessary traveling expenses when
14traveling outside their counties on official business. Reimbursement
15for these expenses is subject to Sections 53232.2 and 53232.3.
“Division,” as used in this article, means the
begin delete Public
29Safety Communications Division within the California Technology
To accomplish the responsibilities specified in this
34article, the division is directed to consult at regular intervals with
35the State Fire Marshal, the State Department of Public Health, the
36Office of Traffic Safety,
begin delete the California Emergency Management a local representative from a city, a local representative
38from a county, the public utilities in this state providing telephone
39service, the Association of Public-Safety Communications
40Officials, the Emergency Medical Services Authority, the
P43 1Department of the California Highway Patrol, and the Department
2of Forestry and Fire Protection. These agencies shall provide all
3necessary assistance and consultation to the division to enable it
4to perform its duties specified in this article.
(a) There is in state government the State 911
9(b) The advisory board shall be comprised of the following
10members appointed by the Governor who shall serve at the pleasure
11of the Governor.
12(1) The Chief of the
begin delete California 911 Emergency Communications shall serve as the
14nonvoting chair of the board.
15(2) One representative from the Department of the California
17(3) Two representatives on the recommendation of the California
18Police Chiefs Association.
19(4) Two representatives on the recommendation of the California
20State Sheriffs’ Association.
21(5) Two representatives on the recommendation of the California
22Fire Chiefs Association.
23(6) Two representatives on the recommendation of the CalNENA
25(7) One representative on the joint recommendation of the
26executive boards of the state chapters of the Association of
27Public-Safety Communications Officials-International, Inc.
28(c) Recommending authorities shall give great weight and
29consideration to the knowledge, training, and expertise of the
30appointee with respect to their experience within the California
31911 system. Board members should have at least two years of
32experience as a Public Safety Answering Point (PSAP) manager
33or county coordinator, except where a specific person is designated
34as a member.
35(d) Members of the advisory board shall serve at the pleasure
36of the Governor, but may not serve more than two consecutive
37two-year terms, except as follows:
38(1) The presiding Chief of the
begin delete California 911 Emergency
39Communications Officeend delete
40 shall serve for the duration of his or her tenure.
P44 1(2) Four of the members shall serve an initial term of three years.
2(e) Advisory board members shall not receive compensation
3for their service on the board, but may be reimbursed for travel
4and per diem for time spent in attending meetings of the board.
5(f) The advisory board shall meet quarterly in public sessions
6in accordance with the Bagley-Keene Open Meeting Act (Article
79 (commencing with Section 11120) of Chapter 2 of Part 1 of
8Division 3 of Title 2). The division shall provide administrative
9support to the State 911 Advisory Board. The State 911 Advisory
10Board, at its first meeting, shall adopt bylaws and operating
11procedures consistent with this article and establish committees
13(g) Notwithstanding any other provision of law, any member
14of the advisory board may designate a person to act as that member
15in his or her place and stead for all purposes, as though the member
16were personally present.
For purposes of this article, the following definitions
21(a) “Local public agency” means a city, county, city and county,
22and joint powers authority that provides a public safety answering
24(b) “Nonemergency telephone system” means a system
25structured to provide access to only public safety agencies such
26as police and fire, or a system structured to provide access to public
27safety agencies and to all other services provided by a local public
28agency such as street maintenance and animal control.
29(c) “Public Safety Communications Division” means the Public
30Safety Communications Division within the
begin delete California Technology
The commissioners shall serve without salary until the
35yearly gross income of the district, exclusive of taxes levied by
36the district, exceeds twenty thousand dollars ($20,000) per year,
37when the board may, by ordinance, fix their salaries, which shall
38not exceed the sum of six hundred dollars ($600) per month each.
39In addition to any salary received pursuant to this section, the
begin delete shallend delete be allowed any actual and necessary
P45 1expenses incurred in the performance of their duties.
2Reimbursement for these expenses is subject to Sections 53232.2
3and 53232.3 of the Government Code.
begin delete shallend delete receive a sum as may be fixed
7by the board, not exceeding fifty dollars ($50) for each meeting
8of the board attended by him or her, for not exceeding four
9meetings in any calendar month. A director may also receive
10traveling and other expenses incurred by him or her when
11performing duties for the district other than attending board
12meetings. For purposes of this section, the determination of whether
13a director’s activities on any specific day are compensable shall
14be made pursuant to Article 2.3 (commencing with Section 53232)
15of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
16 Code. Reimbursement for these expenses is subject to Sections
1753232.2 and 53232.3 of the Government Code.
The members of the district board shall hold office at
21the pleasure of the board of supervisors. They shall serve without
begin delete shallend delete be allowed their necessary traveling
23and other expenses incurred in performance of their official duties.
24In lieu of expenses, the district board may, by resolution, provide
25for the allowance and payment to each member of the board of a
26sum not exceeding one hundred dollars ($100) as expenses incurred
27in attending each business meeting of the board. Reimbursement
28for these expenses is subject to Sections 53232.2 and 53232.3 of
29the Government Code.
(a) The district board may fix the amount of
33compensation per meeting to be paid each member of the board
34for services for each meeting attended by the member. Subject to
35subdivision (b), the compensation shall not exceed one hundred
36dollars ($100) for each meeting of the district board attended by
37the member or for each day’s service rendered as a member by
38request of the board, not exceeding a total of six days in any
begin delete month, together withend delete any expenses incident thereto.
P46 1(b) The district board, by ordinance adopted pursuant to Chapter
22 (commencing with Section 20200) of Division 10 of the Water
3Code, may increase the compensation received by the district board
4members above the amount of one hundred dollars ($100) per day.
5(c) For purposes of this section, the determination of whether
6a director’s activities on any specific day are compensable shall
7be made pursuant to Article 2.3 (commencing with Section 53232)
8of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
10(d) Reimbursement for these expenses is subject to Sections
1153232.2 and 53232.3 of the Government Code.
(a) Subject to subdivision (b), each of the members of
begin delete shallend delete receive compensation in an amount not to
16exceed one hundred dollars ($100) per day for each day’s
17attendance at meetings of the board or for each day’s service
18rendered as a director by request of the board, not exceeding a
19total of six days in any calendar
begin delete month, together withend delete any
22(b) The district board, by ordinance adopted pursuant to Chapter
232 (commencing with Section 20200) of Division 10 of the Water
24Code, may increase the compensation received by board members
25above the amount of one hundred dollars ($100) per day.
26(c) The secretary of the sanitary board shall receive
27compensation to be set by the sanitary district board, which
28compensation shall be in lieu of any other compensation to which
29he or she may be entitled by reason of attendance at the meeting
30or meetings of the sanitary board.
31(d) For purposes of this section, the determination of whether
32a director’s activities on any specific day are compensable shall
33be made pursuant to Article 2.3 (commencing with Section 53232)
34of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
36(e) Reimbursement for these expenses is subject to Sections
3753232.2 and 53232.3 of the Government Code.
The board of directors shall serve without compensation
2except that the board of directors, by a resolution adopted by a
3majority vote of the members of the board, may authorize the
4payment of not to exceed one hundred dollars ($100) per meeting
5not to exceed five meetings a month as compensation to each
6member of the board of directors.
7Each member of the board of directors
begin delete shallend delete be allowed his
8or her actual necessary traveling and incidental expenses incurred
9in the performance of official business of the district as approved
10by the board. For purposes of this section, the determination of
11whether a director’s activities on any specific day are compensable
12shall be made pursuant to Article 2.3 (commencing with Section
1353232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
14Government Code. Reimbursement for these expenses is subject
15to Sections 53232.2 and 53232.3 of the Government Code.
(a) The authority shall be governed by a
19three-member governing board consisting of the Governor, the
20Treasurer, and the Insurance Commissioner, each of whom may
21name designees to serve as board members in their place. The
22Speaker of the Assembly and the Chairperson of the Senate
23Committee on Rules shall serve as nonvoting, ex officio members
24of the board, and may name designees to serve in their place.
25(b) The board shall be advised by an advisory panel whose
26members shall be appointed by the Governor, except as provided
27in this subdivision. The advisory panel shall consist of four
28members who represent insurance companies that are licensed to
29transact fire insurance in the state, two of whom shall be appointed
30by the commissioner, two licensed insurance agents, one of whom
31shall be appointed by the commissioner, and three members of the
32public not connected with the insurance industry, at least one of
33whom shall be a consumer representative. In addition, the Speaker
34of the Assembly, and the Chairperson of the Senate Committee
35on Rules may each appoint one member of the public not connected
36with the insurance industry. Panel members shall serve for
37four-year terms, which may be staggered for administrative
38convenience, and panel members may be reappointed. The
39commissioner shall be a nonvoting, ex officio member of the panel
P48 1and shall be entitled to attend all panel meetings, either in person
2or by representative.
3(c) The board shall have the power to conduct the affairs of the
4authority and may perform all acts necessary or convenient in the
5exercise of that power. Without limitation, the board may: (1)
6employ or contract with officers and employees to administer the
7authority; (2) retain outside actuarial, geological, and other
8professionals; (3) enter into other obligations relating to the
9operation of the authority; (4) invest the moneys in the California
10Earthquake Authority Fund; (5) obtain reinsurance and financing
11for the authority as authorized by this chapter; (6) contract with
12participating insurers to service the policies of basic residential
13earthquake insurance issued by the authority; (7) issue bonds
14payable from and secured by a pledge of the authority of all or any
15part of the revenues of the authority to finance the activities
16authorized by this chapter and sell those bonds at public or private
17sale in the form and on those terms and conditions as the Treasurer
18shall approve; (8) pledge all or any part of the revenues of the
19authority to secure bonds and any repayment or reimbursement
20obligations of the authority to any provider of insurance or a
21guarantee of liquidity or credit facility entered into to provide for
22the payment of debt service on any bond of the authority; (9)
23 employ and compensate bond counsel, financial consultants, and
24other advisers determined necessary by the Treasurer in connection
25with the issuance and sale of any bonds; (10) issue or obtain from
26any department or agency of the United States or of this state, or
27any private company, any insurance or guarantee of liquidity or
28credit facility determined to be appropriate by the Treasurer to
29provide for the payment of debt service on any bond of the
30authority; (11) engage the commissioner to collect revenues of the
31authority; (12) issue bonds to refund or purchase or otherwise
32acquire bonds on terms and conditions as the Treasurer shall
33approve; and (13) perform all acts that relate to the function and
34purpose of the authority, whether or not specifically designated in
36(d) The authority shall reimburse board and panel members for
37their reasonable expenses incurred in attending meetings and
38conducting the business of the authority.
39(e) (1) There shall be a limited civil immunity and no criminal
40liability in a private capacity, on account of any act performed or
P49 1omitted or obligation entered into an official capacity, when done
2or omitted in good faith and without intent to defraud, on the part
3of the board, the panel, or any member of either, or on the part of
4any officer, employee, or agent of the authority. This provision
5shall not eliminate or reduce the responsibility of the authority
6under the covenant of good faith and fair dealing.
7(2) In any claim against the authority based upon an earthquake
8policy issued by the authority, the authority shall be liable for any
9damages, including damages under Section 3294 of the Civil Code,
10for a breach of the covenant of good faith and fair dealing by the
11authority or its agents.
12(3) In any claim based upon an earthquake policy issued by the
13authority, the participating carrier shall be liable for any damages
14for a breach of a common law, regulatory, or statutory duty as if
15it were a contracting insurer. The authority shall indemnify the
16participating carrier from any liability resulting from the authority’s
17actions or directives. The board shall not indemnify a participating
18carrier for any loss resulting from failure to comply with directives
19of the authority or from violating statutory, regulatory, or common
20law governing claims handling practices.
begin deleteNo end deletelicensed insurer, its officers, directors, employees, or
22agents, shall have any antitrust civil or criminal liability under
23the Cartwright Act (Part 2 (commencing with Section 16600) of
24Division 7 of the Business and Professions Code) by reason of its
25activities conducted in compliance with this chapter. Further, the
26California Earthquake Authority shall be deemed a joint
27arrangement established by statute to ensure the availability of
28insurance pursuant to subdivision (b) of Section 1861.03.
29(5) Subject to
begin delete the provisions ofend delete Section 10089.21, begin delete nothing inend delete
30 this chapter shall be construed to limit any exercise of the
31commissioner’s power, including enforcement and disciplinary
32actions, or the imposition of fines and orders to ensure compliance
33with this chapter, the rules and guidelines of the authority, or any
34other law or rule applicable to the business of insurance.
35(6) Except as provided in paragraph (3) and by any other
36provision of this chapter,
begin delete there shall be noend delete liability on the part of,
begin delete noend delete cause of begin delete actionend delete shall be permitted in law or
38equity against, any participating insurer for any earthquake loss
39to property for which the authority has issued a policy unless the
40loss is covered by an insurance policy issued by the participating
P50 1insurer. A policy issued by the authority shall not be deemed to
2be a policy issued by a participating insurer.
3(f) The Attorney General, in his or her discretion, shall provide
4a representative of his or her office to attend and act as antitrust
5counsel at all meetings of the panel. The Attorney General shall
6be compensated for legal service rendered in the manner specified
7in Section 11044 of the Government Code.
8(g) The authority may sue or be sued and may employ or
9contract with that staff and those professionals the board deems
10necessary for its efficient administration.
11(h) (1) The authority may contract for the services of a chief
12 executive officer, a chief financial officer, a chief mitigation
13officer, and an operations manager, and may contract for the
14services of reinsurance intermediaries, financial market
15underwriters, modeling firms, a computer firm, an actuary, an
16insurance claims consultant, counsel, and private money managers.
17These contracts shall not be subject to otherwise applicable
18provisions of the Government Code and the Public Contract Code,
19and for those purposes, the authority shall not be considered a state
20agency or other public entity. Other employees of the authority
21shall be subject to civil service provisions.
begin delete The total number of
22authority employees subject to civil service provisions shall not
23exceed 25.end delete
24(2) When the authority hires multiple private money managers
25to manage the assets of the California Earthquake Authority Fund,
26other than the primary custodian of the securities, the authority
27shall consider small California-based firms who are qualified to
28manage the money in the fund. The purpose of this provision is to
29prevent the exclusion of small qualified investment firms solely
30because of their size.
31(i) Members of the board and panel, and their designees, and
32the chief executive officer, the chief financial officer, the chief
33mitigation officer, and the operations manager of the authority
34shall be required to file financial disclosure statements with the
35Fair Political Practices Commission. The appointing authorities
36for members and designees of the board and panel shall, when
37making appointments, avoid appointing persons with conflicts of
38interest. Section 87406 of the Government Code, the Milton Marks
39Postgovernment Employment Restrictions Act of 1990, shall apply
40to the authority. Members of the board, the chief financial officer,
P51 1the chief executive officer, the chief operations manager, the chief
2counsel, and any other person designated by the authority shall be
3deemed to be designated employees for the purpose of that act. In
4addition, no member of the board, nor the chief financial officer,
5the chief executive officer, the chief operations manager, and the
6chief counsel, shall, upon leaving the employment of the authority,
7seek, accept, or enter into employment or a consulting or other
8contractual arrangement for the period of one year with any
9employer or entity that entered into a participating agreement, or
10a reinsurance, bonding, letter of credit, or private capital markets
11contract with the authority during the time the employee was
12employed by the authority, which that member or employee had
13negotiated or approved, or participated in negotiating. A violation
14of these provisions shall be subject to enforcement pursuant to
15Chapter 11 (commencing with Section 91000) of Title 9 of the
17(j) The board shall
establish the duties of, and give direction to,
18the chief mitigation officer, to support and enhance the authority’s
19appropriate efforts to create and maintain all of the following:
20(1) Program activities that mitigate against seismic risks, for
21the benefit of homeowners, other property owners, including
22landlords with smaller holdings, and the general public of the state.
23(2) Collaboration with academic institutions, nonprofit entities,
24and commercial business entities in joint efforts to conduct
25mitigation-related research and educational activities, and conduct
26program activities to mitigate against seismic risk.
27(3) Programs to provide financial assistance in the form of loans,
28grants, credits, rebates, or other financial incentives to further
29efforts to mitigate against seismic risk, including, but not limited
30 to, structural and contents retrofitting of residential structures.
31(4) Collaborations and joint programs with subdivisions and
32programs of local, state, and federal governments and with other
33national programs that may further California’s disaster
34preparedness, protection, and mitigation goals.
35(5) Other programs, support efforts, and activities deemed
36appropriate by the board to further the authority’s appropriate
37mitigation and mitigation-related goals.
38(k) The authority may accept grants and gifts of property, real
39or personal, tangible and intangible, and services for the Earthquake
40Loss Mitigation Fund, created pursuant to Section 10089.37, or
P52 1the related residential retrofit program from federal, state, and local
2government sources and private sources.
3(l) The Bagley-Keene Open Meeting Act (Article 9
4(commencing with Section 11120) of Chapter 1 of Part 1 of
5Division 3 of Title 2 of the Government Code) applies to meetings
6of the board and the panel.
(a) (1) The Workers’ Compensation Administration
9Revolving Fund is hereby created as a special account in the State
10Treasury. Money in the fund may be expended by the department,
11upon appropriation by the Legislature, for all of the following
12purposes, and may not be used or borrowed for any other purpose:
13(A) For the administration of the workers’ compensation
14program set forth in this division and Division 4 (commencing
15with Section 3200), other than the activities financed pursuant to
16paragraph (2) of subdivision (a) of Section 3702.5.
17(B) For the Return-to-Work Program set forth in Section 139.48.
18(C) For the
enforcement of the insurance coverage program
19established and maintained by the Labor Commissioner pursuant
20to Section 90.3.
21(2) The fund shall consist of surcharges made pursuant to
22paragraph (1) of subdivision (f).
23(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
24created as a special trust fund account in the State Treasury, of
25which the director is trustee, and its sources of funds are as
26provided in paragraph (1) of subdivision (f). Notwithstanding
27Section 13340 of the Government Code, the fund is continuously
28appropriated for the payment of nonadministrative expenses of the
29workers’ compensation program for workers injured while
30employed by uninsured employers in accordance with Article 2
31(commencing with Section 3710) of Chapter 4 of Part 1 of Division
324, and shall not be used for any other purpose. All moneys collected
33shall be retained in the trust fund until paid as benefits to workers
34injured while employed by uninsured employers.
35Nonadministrative expenses include audits and reports of services
36prepared pursuant to subdivision (b) of Section 3716.1. The
37surcharge amount for this fund shall be stated separately.
38(2) Notwithstanding any other provision of law, all references
39to the Uninsured Employers Fund shall mean the Uninsured
40Employers Benefits Trust Fund.
P53 1(3) Notwithstanding paragraph (1), in the event that budgetary
2restrictions or impasse prevent the timely payment of administrative
3expenses from the Workers’ Compensation Administration
4Revolving Fund, those expenses shall be advanced from the
5Uninsured Employers Benefits Trust Fund. Expense advances
6made pursuant to this paragraph shall be reimbursed in full to the
7Uninsured Employers Benefits Trust Fund upon enactment of the
8annual Budget Act.
9(4) Any moneys from penalties collected pursuant to Section
103722 as a result of the insurance coverage program established
11under Section 90.3 shall be deposited in the State Treasury to the
12credit of the Workers’ Compensation Administration Revolving
13Fund created under this section, to cover expenses incurred by the
14director under the insurance coverage program. The amount of
15any penalties in excess of payment of administrative expenses
16incurred by the director for the insurance coverage program
17established under Section 90.3 shall be deposited in the State
18Treasury to the credit of the Uninsured Employers Benefits Trust
19Fund for nonadministrative expenses, as prescribed in paragraph
20(1), and notwithstanding paragraph (1), shall only be available
21upon appropriation by the Legislature.
22(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
23created as a special trust fund account in the State Treasury, of
24which the director is trustee, and its sources of funds are as
25provided in paragraph (1) of subdivision (f). Notwithstanding
26Section 13340 of the Government Code, the fund is continuously
27appropriated for the nonadministrative expenses of the workers’
28compensation program for workers who have suffered serious
29injury and who are suffering from previous and serious permanent
30disabilities or physical impairments, in accordance with Article 5
31(commencing with Section 4751) of Chapter 2 of Part 2 of Division
324, and Section 4 of Article XIV of the California Constitution, and
33shall not be used for any other purpose. All moneys collected shall
34be retained in the trust fund until paid as benefits to workers who
35have suffered serious injury and who are suffering from previous
36and serious permanent disabilities or physical impairments.
37Nonadministrative expenses include audits and reports of services
38pursuant to subdivision (c) of Section 4755. The surcharge amount
39 for this fund shall be stated separately.
P54 1(2) Notwithstanding any other law, all references to the
2Subsequent Injuries Fund shall mean the Subsequent Injuries
3Benefits Trust Fund.
4(3) Notwithstanding paragraph (1), in the event that budgetary
5restrictions or impasse prevent the timely payment of administrative
6expenses from the Workers’ Compensation Administration
7Revolving Fund, those expenses shall be advanced from the
8Subsequent Injuries Benefits Trust Fund. Expense advances made
9pursuant to this paragraph shall be reimbursed in full to the
10Subsequent Injuries Benefits Trust Fund upon enactment of the
11annual Budget Act.
12(d) The Occupational Safety and Health Fund is hereby
13created as a special account in the State Treasury. Moneys in the
14account may be expended by the department, upon appropriation
15by the Legislature, for support of the Division of Occupational
16Safety and Health, the Occupational Safety and Health Standards
17Board, and the Occupational Safety and Health Appeals Board,
18and the activities these entities perform as set forth in this division,
19and Division 5 (commencing with Section 6300).
31(e) The Labor Enforcement and Compliance Fund is hereby
32created as a special account in the State Treasury. Moneys in the
33fund may be expended by the department, upon appropriation by
34the Legislature, for the support of the activities that the Division
35of Labor Standards Enforcement performs pursuant to this division
36and Division 2 (commencing with Section 200), Division 3
37(commencing with Section 2700), and Division 4 (commencing
38with Section 3200). The fund shall consist of surcharges imposed
39pursuant to paragraph (3) of subdivision (f).
P55 1(f) (1) Separate surcharges shall be levied by the director upon
2all employers, as defined in Section 3300, for purposes of deposit
3in the Workers’ Compensation Administration Revolving Fund,
4the Uninsured Employers Benefits Trust Fund, the Subsequent
5Injuries Benefits Trust Fund, and the Occupational Safety and
6Health Fund. The total amount of the surcharges shall be allocated
7between self-insured employers and insured employers in
8proportion to payroll respectively paid in the most recent year for
9which payroll information is available. The director shall adopt
10reasonable regulations governing the manner of collection of the
11surcharges. The regulations shall require the surcharges to be paid
12by self-insurers to be expressed as a percentage of indemnity paid
13during the most recent year for which information is available,
14and the surcharges to be paid by insured employers to be expressed
15as a percentage of premium. In no event shall the surcharges paid
16by insured employers be considered a premium for computation
17of a gross premium tax or agents’ commission. In no event shall
18the total amount of the surcharges paid by insured and self-insured
19employers exceed the amounts reasonably necessary to carry out
20the purposes of this section.
21(2) The surcharge levied by the director for the Occupational
22Safety and Health Fund, pursuant to paragraph (1), shall not
23generate revenues in excess of
begin delete fifty-twoend delete million dollars
begin delete ($52,000,000)end delete on and after the begin delete 2009-10end delete
25 fiscal year, adjusted for each fiscal year as appropriate to reconcile any over/under assessments from previous fiscal
28years pursuant to Sections 15606 and 15609 of Title 8 of the
29California Code of
begin delete Regulations, and may increase by not more
30than the state-local government deflator each year thereafter
31through July 1, 2013, and, as appropriate, to reconcile any
32over/under assessments from previous fiscal years. For the 2013-14
33fiscal year, the surcharge level shall return to the level in place on
34June 30, 2009, adjusted for inflation based on the state-local
35government deflatorend delete
3(3) A separate surcharge shall be levied by the director upon all
4employers, as defined in Section 3300, for purposes of deposit in
5the Labor Enforcement and Compliance Fund. The total amount
6of the surcharges shall be allocated between employers in
7proportion to payroll respectively paid in the most recent year for
8which payroll information is available. The director shall adopt
9reasonable regulations governing the manner of collection of the
10surcharges. In no event shall the total amount of the surcharges
11paid by employers exceed the amounts reasonably necessary to
12carry out the purposes of this section.
13(4) The surcharge levied by the director for the Labor
14Enforcement and Compliance Fund shall not exceed
begin delete thirty-sevenend delete
15 million dollars
begin delete ($37,000,000)end delete in the
begin delete 2009-10end delete fiscal year, adjusted as appropriate to reconcile any over/under assessments from previous fiscal
begin delete, and shall not be adjusted each year thereafter by more than
20the state-local government deflator, and, as appropriate, to reconcile
21any over/under assessments from previous fiscal yearsend delete
22to Sections 15606 and 15609 of Title 8 of the California Code of
24(5) The regulations adopted pursuant to paragraph (1) to (4),
25inclusive, shall be exempt from the rulemaking provisions of the
26Administrative Procedure Act (Chapter 3.5 (commencing with
27Section 11340) of Part 1 of Division 3 of Title 2 of the Government
29(g) On and after July 1, 2013, subdivision (e) and paragraphs
30(2) to (4), inclusive, of subdivision (f) are inoperative, unless a
31later enacted statute, that is enacted before July 1, 2013, deletes
32or extends that date.
(a) The Cal-OSHA Targeted Inspection and Consultation
35Fund is hereby created as a special account in the State Treasury.
36Proceeds of the fund may be expended by the department, upon
37appropriation by the Legislature, for the costs of the Cal-OSHA
38targeted inspection program provided by Section 6314.1 and the
39costs of the Cal-OSHA targeted consultation program provided
P57 1by subdivision (a) of Section 6354, and for costs related to
2assessments levied and collected pursuant to Section 62.9.
3(b) The fund shall consist of the assessments made pursuant to
4Section 62.9 and other moneys transferred to the fund.
(a) (1) The director shall levy and collect assessments
21from employers in accordance with this section. The total amount
22of the assessment collected shall be the amount determined by the
23director to be necessary to produce the revenue sufficient to fund
24the programs specified by Section 62.7, except that the amount
25assessed in any year for those purposes shall not exceed 50 percent
26of the amounts appropriated from the General Fund for the support
27of the occupational safety and health program for the 1993-94
28fiscal year, adjusted for inflation. The director also shall include
29in the total assessment amount the department’s costs for
30administering the assessment, including the collections process
31and the cost of reimbursing the Employment Development
32Department or another agency or department for its cost of
33collection activities pursuant to subdivision (c).
34(2) The insured employers and private sector self-insured
35employers that, pursuant to subdivision (b), are subject to
36assessment shall be assessed, respectively, on the basis of their
37annual payroll subject to premium charges or their annual payroll
38that would be subject to premium charges if the employer were
39insured, as follows:
P58 1(A) An employer with a payroll of less than two hundred fifty
2thousand dollars ($250,000) shall be assessed one hundred dollars
4(B) An employer with a payroll of two hundred fifty thousand
5dollars ($250,000) or more, but not more than five hundred
6thousand dollars ($500,000), shall be assessed two hundred dollars
8(C) An employer with a payroll of more than five hundred
9thousand dollars ($500,000), but not more than seven hundred fifty
10thousand dollars ($750,000), shall be assessed four hundred dollars
12(D) An employer with a payroll of more than seven hundred
13fifty thousand dollars ($750,000), but not more than one million
14dollars ($1,000,000), shall be assessed six hundred dollars ($600).
15(E) An employer with a payroll of more than one million dollars
16($1,000,000), but not more than one million five hundred thousand
17dollars ($1,500,000), shall be assessed eight hundred dollars ($800).
18(F) An employer with a payroll of more than one million five
19hundred thousand dollars ($1,500,000), but not more than two
20million dollars ($2,000,000), shall be assessed one thousand dollars
22(G) An employer with a payroll of more than two million dollars
23($2,000,000), but not more than two million five hundred thousand
24dollars ($2,500,000), shall be assessed one thousand five hundred
26(H) An employer with a payroll of more than two million five
27hundred thousand dollars ($2,500,000), but not more than three
28million five hundred thousand dollars ($3,500,000), shall be
29assessed two thousand dollars ($2,000).
30(I) An employer with a payroll of more than three million five
31hundred thousand dollars ($3,500,000), but not more than four
32million five hundred thousand dollars ($4,500,000), shall be
33assessed two thousand five hundred dollars ($2,500).
34(J) An employer with a payroll of
more than four million five
35hundred thousand dollars ($4,500,000), but not more than five
36million five hundred thousand dollars ($5,500,000), shall be
37assessed three thousand dollars ($3,000).
38(K) An employer with a payroll of more than five million five
39hundred thousand dollars ($5,500,000), but not more than seven
P59 1million dollars ($7,000,000), shall be assessed three thousand five
2hundred dollars ($3,500).
3(L) An employer with a payroll of more than seven million
4dollars ($7,000,000), but not more than twenty million dollars
5($20,000,000), shall be assessed six thousand seven hundred dollars
7(M) An employer with a payroll of more than twenty million
8dollars ($20,000,000) shall be assessed ten thousand dollars
10(b) (1) In the manner as specified by this section, the director
11shall identify those insured employers having a workers’
12compensation experience modification rating of 1.25 or more, and
13private sector self-insured employers having an equivalent
14experience modification rating of 1.25 or more as determined
15pursuant to subdivision (e).
16(2) The assessment required by this section shall be levied
17annually, on a calendar year basis, on those insured employers and
18private sector self-insured employers, as identified pursuant to
19paragraph (1), having the highest workers’ compensation
20experience modification ratings or equivalent experience
21modification ratings, that the director determines to be required
22numerically to produce the total amount of the assessment to be
23collected pursuant to subdivision (a).
24(c) The director shall collect the assessment from insured
25employers as follows:
26(1) Upon the request of the director, the Department of Insurance
27shall direct the licensed rating organization designated as the
28department’s statistical agent to provide to the director, for
29purposes of subdivision (b), a list of all insured employers having
30a workers’ compensation experience rating modification of 1.25
31or more, according to the organization’s records at the time the
32list is requested, for policies commencing the year preceding the
33year in which the assessment is to be collected.
34(2) The director shall determine the annual payroll of each
35insured employer subject to assessment from the payroll that was
36reported to the licensed rating organization identified in paragraph
37(1) for the most recent period for which one full year of payroll
38information is available for all insured employers.
39(3) On or before September 1 of each year, the director shall
40determine each of the current insured employers subject to
P60 1assessment, and the amount of the total assessment for which each
2insured employer is liable. The director immediately shall notify
3each insured employer, in a format chosen by the insurer, of the
4insured’s obligation to submit payment of the assessment to the
5director within 30 days after the date the billing was mailed, and
6warn the insured of the penalties for failure to make timely and
7full payment as provided by this subdivision.
8(4) The director shall identify any insured employers that, within
930 days after the mailing of the billing notice, fail to pay, or object
10to, their assessments. The director shall mail to each of these
11employers a notice of delinquency and a notice of the intention to
12assess penalties, advising that, if the assessment is not paid in full
13within 15 days after the mailing of the notices, the director will
14levy against the employer a penalty equal to 25 percent of the
15employer’s assessment, and will refer the assessment and penalty
16to another agency or department for collection. The notices required
17by this paragraph shall be sent by United States first-class mail.
18(5) If an assessment is not paid by an insured employer within
1915 days after the mailing of the notices required by paragraph (4),
20the director shall refer the delinquent assessment and the penalty
21to the Employment Development Department, or another agency
22or department, as deemed appropriate by the director, for collection
23pursuant to Section 1900 of the Unemployment Insurance Code.
24(d) The director shall collect the assessment directly from private
25sector self-insured employers. The failure of any private sector
26self-insured employer to pay the assessment as billed constitutes
27grounds for the suspension or termination of the employer’s
28certificate to self-insure.
29(e) The director shall adopt regulations implementing this section
30that include provision for a method of determining experience
31modification ratings for private sector self-insured employers that
32is generally equivalent to the modification ratings that apply to
33insured employers and is weighted by both severity and frequency.
34(f) The director shall determine whether the amount collected
35pursuant to any assessment exceeds expenditures, as described in
36subdivision (a), for the current year and shall credit the amount of
37any excess to any deficiency in the prior year’s assessment or, if
38there is no deficiency, against the assessment for the subsequent
begin delete shall beend delete in the department a return-to-work
2program administered by the director, funded by one hundred
3twenty million dollars ($120,000,000) annually derived from
4non-General Funds of the Workers’ Compensation Administration
5Revolving Fund, for the purpose of making supplemental payments
6to workers whose permanent disability benefits are
7disproportionately low in comparison to their earnings loss.
begin delete Eligibilityend delete
10 for payments and the amount of payments shall
11be determined by regulations adopted by the director, based on
12findings from studies conducted by the director in consultation
13with the Commission on Health and Safety and Workers’
14Compensation. Determinations of the director shall be subject to
15review at the trial level of the appeals board upon the same grounds
16as prescribed for petitions for reconsideration.
All civil penalties collected pursuant to this chapter shall
21be deposited in the Industrial Relations Construction Industry
22Enforcement Fund, which is hereby created. All moneys in the
23fund shall be used for the purpose of enforcing the provisions of
24this chapter, as appropriated by the Legislature.
is the intent of the Legislature in enacting this
27section to provide for the prompt and effective enforcement of
28labor laws relating to the construction industry.
(a) (1) The Department of Industrial Relations shall
24monitor and enforce compliance with applicable prevailing wage
25requirements for any public works project paid for in whole or
26part out of public funds, within the meaning of subdivision (b) of
27Section 1720, that are derived from bonds issued by the state, and
28shall charge each awarding body for the reasonable and directly
29related costs of monitoring and enforcing compliance with the
30prevailing wage requirements on each project.
31(2) (A) The State Public Works Enforcement Fund is hereby
32created as a special fund in the State Treasury. All moneys received
33by the department pursuant to this section shall be deposited in
34the fund. Notwithstanding Section 13340 of the Government Code,
35all moneys in the fund shall be continuously appropriated to the
36Department of Industrial Relations, to monitor and enforce
37compliance with the applicable prevailing wage requirements on
38public works projects paid for in whole or part out of public funds,
39within the meaning of subdivision (b) of Section 1720, that are
40derived from bonds issued by the state and other projects for which
P63 1the department provides prevailing wage monitoring and
2enforcement activities and for which it is to be reimbursed by the
3awarding body, and shall not be used or borrowed for any other
5(B) Notwithstanding any other law, upon order of the Director
6of Finance, a loan in the amount of four million three hundred
7thousand dollars ($4,300,000) shall be provided from the Uninsured
8Employers Benefit Trust Fund to the State Public Works
9Enforcement Fund to meet the startup needs of the Labor
10Compliance Monitoring Unit.
11(3) The Director of Industrial Relations shall adopt regulations
12implementing this section, specifying the activities, including, but
13not limited to, monthly review, and audit if appropriate, of payroll
14records, which the department will undertake to monitor and
15enforce compliance with applicable prevailing wage requirements
16on public works projects paid for in whole or part out of public
17funds, within the meaning of subdivision (b) of Section 1720, that
18are derived from bonds issued by the state. The department, with
19the approval of the Director of Finance, shall determine the rate
begin delete or ratesend delete, which the department may from time to time amend, that
21the department will charge to recover the reasonable and directly
22related costs of performing the monitoring and enforcement
23services for public works
begin delete projectsend delete begin delete; provided, however, that theend delete
begin delete charged by the departmentend delete shall not
26exceed one-fourth of 1 percent of the state bond proceeds used for
27the public works projects.
30(4) The reasonable and directly related costs of monitoring and
31enforcing compliance with the prevailing wage requirements on
32a public works project incurred by the department in accordance
33with this section are payable by the awarding body of the public
34works project as a cost of construction. Notwithstanding any other
35provision of law, but subject to any limitations or restrictions of
36the bond act, the board, commission, department, agency, or official
37 responsible for the allocation of bond proceeds from the bond
38funds shall consider and provide for amounts in support of the
39costs when allocating or approving expenditures of bond proceeds
40for the construction of the authorized project. The awarding body
P64 1may elect not to receive or expend amounts from bond proceeds
2to pay the costs of the project; however,
begin delete suchend delete election does
3not relieve the awarding body from reimbursing the Department
4of Industrial Relations for monitoring
5and enforcing prevailing wage requirements on the project pursuant
begin delete Section 1771.3end delete or any other applicable provision of
10(b) Paragraph (1) of subdivision (a) shall not apply to any
11contract for a public works project paid for in whole or part out of
12public funds, within the meaning of subdivision (b) of Section
131720, that are derived from bonds issued by the state if the contract
14was awarded under any of the following conditions:
15(1) The contract was awarded prior to the effective date of
16implementing regulations adopted by the department pursuant to
17paragraph (3) of subdivision (a).
18(2) The contract was awarded on or after the effective date of
19the regulations described in paragraph (1), if the awarding body
20had previously initiated a labor compliance program approved by
21the department for some or all of its public works projects and had
22not contracted with a third party to conduct such program, and
23requests and receives approval from the department to continue
24to operate its existing labor compliance program for its public
25works projects paid for in whole or part out of public funds, within
26the meaning of subdivision (b) of Section 1720, that are derived
27from bonds issued by the state, in place of the department
28monitoring and enforcing compliance on projects pursuant to
30(3) The contract is awarded on or after the effective date of the
31regulations described in paragraph (1), if the awarding body has
32entered into a collective bargaining agreement that binds all of the
33contractors performing work on the project and that includes a
34mechanism for resolving disputes about the payment of wages.
35(c) This section shall not apply to public works projects subject
36to Section 75075 of the Public Resources Code.
(a) Notwithstanding Section 1771, an awarding body
39may choose not to require the payment of the general prevailing
40rate of per diem wages or the general prevailing rate of per diem
P65 1wages for holiday and overtime work for any public works project
2of twenty-five thousand dollars ($25,000) or less when the project
3is for construction work, or for any public works project of fifteen
4thousand dollars ($15,000) or less when the project is for alteration,
5demolition, repair, or maintenance work, if the awarding body
6elects to either:
7(1) Initiate and enforce a labor compliance program pursuant
8to subdivision (b) for every public works project under the authority
9of the awarding body as described in subdivision (e).
10(2) Reimburse the Department of Industrial Relations for the
11cost of monitoring and enforcing compliance with prevailing wage
12requirements for every public works project of the awarding body
13as described in subdivision (f).
14(b) For purposes of this section, a labor compliance program
15shall include, but not be limited to, the following requirements:
16(1) All bid invitations and public works contracts shall contain
17appropriate language concerning the requirements of this chapter.
18(2) A prejob conference shall be conducted with the contractor
19and subcontractors to discuss federal and state labor law
20requirements applicable to the contract.
21(3) Project contractors and subcontractors shall maintain and
22furnish, at a designated time, a certified copy of each weekly
23payroll containing a statement of compliance signed under penalty
25(4) The awarding body shall review, and, if appropriate, audit
26payroll records to verify compliance with this chapter.
27(5) The awarding body shall withhold contract payments when
28payroll records are delinquent or inadequate.
29(6) The awarding body shall withhold contract payments equal
30to the amount of underpayment and applicable penalties when,
31after investigation, it is established that underpayment has occurred.
32(7) The awarding body shall comply with any other prevailing
33wage monitoring and enforcement activities that are required to
34be conducted by labor compliance programs by the Department
35of Industrial Relations.
36(c) For purposes of this chapter, “labor compliance program”
37means a labor compliance program that is approved, as specified
38in state regulations, by the Director of Industrial Relations.
P66 1(d) For purposes of this chapter, the Director of Industrial
2Relations may revoke the approval of a labor compliance program
3in the manner specified in state regulations.
4(e) An awarding body that elects to use a labor compliance
5program pursuant to subdivision (a)
begin delete mustend delete use the labor
6compliance program for all contracts for public works projects
7awarded prior to the effective date of the regulations adopted by
8the department as specified in subdivision (g). For contracts for
9public works projects awarded on or after the effective date of
10regulations adopted by the department as specified in subdivision
11(g), the awarding body may also elect to continue operating an
12existing previously approved labor compliance program in lieu of
13reimbursing the Department of Industrial Relations for the cost of
14monitoring and enforcing compliance with prevailing wage
15requirements on the awarding body’s public works projects if it
16has not contracted with a third party to conduct its labor compliance
17program and if it requests and receives approval from the
18department to continue its existing program.
19(f) An awarding body that elects to reimburse the department
20for the cost of monitoring and enforcing compliance with prevailing
21wage requirements for public works projects of the awarding body,
22pursuant to subdivision (a),
begin delete mustend delete, for all of its contracts for
23public works projects awarded on or after the effective date of the
24regulations adopted by the department as specified in subdivision
26(1) Ensure that all bid invitations and public works contracts
27contain appropriate language concerning the requirements of this
29(2) Conduct a prejob conference with the contractor and
30subcontractor to discuss federal and state labor law requirements
31applicable to the contract.
32(3) Enter into an agreement with the department to reimburse
33the department for its costs of performing the service of monitoring
34and enforcing compliance with applicable prevailing wage
35 requirements on the awarding
begin delete bodies’end delete projects.
36(g) The Department of Industrial Relations shall adopt
37regulations implementing this section specifying the activities
begin delete whichend delete the department shall undertake to monitor and enforce
39compliance with the prevailing wage requirements on the public
P67 1works projects, including, but not limited to, monthly review, and
2audit if appropriate, of payroll records.
3(h) (1) The Department of Industrial Relations shall determine the rate
begin delete or ratesend delete,
which the department
6may from time to time amend, that the department will charge
begin delete in reimbursement from
begin delete awarding bodiesend delete for the reasonable and directly related costs of performing
9the specified monitoring and enforcement
begin delete services, provided the .
10amount charged by the department shall not exceed one-fourth of
111 percent of the total public works project costsend delete
13(2) Notwithstanding paragraph (1), for public works projects
14paid for in whole or part out of public funds, within the meaning
15of subdivision (b) of Section 1720, that are derived from bonds
16issued by the state, the amount charged by the department shall
17not exceed one-fourth of 1 percent of the state bond proceeds used
18for the public works project.
21(i) All amounts collected by the Department of Industrial
22Relations for its services pursuant to this section shall be deposited
23in the State Public Works Enforcement Fund.
(a) It is the intent of the Legislature, in enacting this
26part, that the Occupational Safety and Health Standards Board and
27the Division of Occupational Health and Safety (OSHA) promote
28worker safety through implementation of training and process
29safety management practices in petroleum refineries and chemical
30plants and other facilities deemed appropriate.
31(b) To the maximum extent practicable, the board and the
32division shall minimize duplications with other state statutory
33programs and business reporting requirements when developing
34standards pursuant to Chapter 2 (commencing with Section 7855).
35(c) It is further the intent of the Legislature, in enacting
36part, that in the interest of promoting worker safety, standards be
begin delete at the earliest reasonably possible date, but in no case later .
38than July 1, 1992end delete
begin deleteNo later than July 1, 1992, end deletethe board
2shall adopt process safety management standards for refineries,
3chemical plants, and other manufacturing facilities, as specified
4in Codes 28 (Chemical and Allied Products) and 29 (Petroleum
5Refining and Related Industries) of the Manual of Standard
6Industrial Classification Codes, published by the United States
7Office of Management and Budget, 1987 Edition, that handle
8acutely hazardous material as defined in subdivision (a) of Section
925532 and subdivision (a) of Section 25536 of the Health and
10Safety Code and pose a significant likelihood of accident risk, as
11 determined by the board. Alternately, upon making a finding that
12there is a significant likelihood of risk to employees at a facility
13not included in Codes 28 and 29 resulting from the presence of
14acutely hazardous materials or explosives as identified in Part 172
15(commencing with Section 172.1) of Title 49 of the Code of
16Federal Regulations, the board may require that these facilities be
17subject to the jurisdiction of the standards provided for in this
18section. When adopting these standards, the board shall give
19priority to facilities and areas of facilities where the potential is
20greatest for preventing severe or catastrophic accidents because
21of the size or nature of the process or business. The standards
22adopted pursuant to this section shall require that injury prevention
23programs of employers subject to this part and implemented
24pursuant to Section 6401.7 include the requirements of this part.
Notwithstanding the availability of federal funds to carry
27out the purposes of this part, the division
begin delete mayend delete fix
28and collect reasonable fees for consultation, inspection, adoption
29of standards, and other duties conducted pursuant to this part. The expenditure of these
34 funds shall be subject to appropriation by the Legislature in the
35annual Budget Act.
The board shall consist of five members who shall be
39registered electors residing within the district or proposed district
40at the time of their election and shall be elected by the qualified
P69 1electors of the district. A majority of the seats on the board shall
2be designated for veterans, as defined in Section 940. Any board
3seat that is so designated, but is not currently filled by a qualifying
4individual, shall be filled by a qualified individual at the next
5election at which that seat is to be filled. Members shall serve
6without compensation, but
begin delete shall be entitled toend delete actual and necessary
expenses incurred in the
8performance of duties. Reimbursement for these expenses is subject
9to Sections 53232.2 and 53232.3 of the Government Code.
(a) As used in this code, “probation” means the
12suspension of the imposition or execution of a sentence and the
13order of conditional and revocable release in the community under
14the supervision of a probation officer. As used in this code,
15“conditional sentence” means the suspension of the imposition or
16execution of a sentence and the order of revocable release in the
17community subject to conditions established by the court without
18the supervision of a probation officer. It is the intent of the
19Legislature that both conditional sentence and probation are
20authorized whenever probation is authorized in any code as a
21sentencing option for infractions or misdemeanors.
22(b) (1) Except as provided in subdivision (j), if a person is
23convicted of a felony and is eligible for probation, before judgment
24is pronounced, the court shall immediately refer the matter to a
25probation officer to investigate and report to the court, at a specified
26time, upon the circumstances surrounding the crime and the prior
27history and record of the person, which may be considered either
28in aggravation or mitigation of the punishment.
29(2) (A) The probation officer shall immediately investigate and
30make a written report to the court of his or her findings and
31recommendations, including his or her recommendations as to the
32granting or denying of probation and the conditions of probation,
34(B) Pursuant to Section 828 of the Welfare and Institutions
35Code, the probation officer shall include in his or her report any
36information gathered by a law enforcement agency relating to the
37taking of the defendant into custody as a minor, which shall be
38considered for purposes of determining whether adjudications of
39commissions of crimes as a juvenile warrant a finding that there
P70 1are circumstances in aggravation pursuant to Section 1170 or to
3(C) If the person was convicted of an offense that requires him
4or her to register as a sex offender pursuant to Sections 290 to
5290.023, inclusive, or if the probation report recommends that
6registration be ordered at sentencing pursuant to Section 290.006,
7the probation officer’s report shall include the results of the
8State-Authorized Risk Assessment Tool for Sex Offenders
9(SARATSO) administered pursuant to Sections 290.04 to 290.06,
10inclusive, if applicable.
11(D) The probation officer
begin delete shallend delete also include in the report
12his or her recommendation of both of the following:
13(i) The amount the defendant should be required to pay as a
14restitution fine pursuant to subdivision (b) of Section 1202.4.
15(ii) Whether the court shall require, as a condition of probation,
16restitution to the victim or to the Restitution Fund and the amount
18(E) The report shall be made available to the court and the
19prosecuting and defense attorneys at least five days, or upon request
20of the defendant or prosecuting attorney nine days, prior to the
21time fixed by the court for the hearing and determination of the
22report, and shall be filed with the clerk of the court as a record in
23the case at the time of the hearing. The time within which the report
24shall be made available and filed may be waived by written
25stipulation of the prosecuting and defense attorneys that is filed
26with the court or an oral stipulation in open court that is made and
27entered upon the minutes of the court.
28(3) At a time fixed by the court, the court shall hear and
29determine the application, if one has been made, or, in any case,
30the suitability of probation in the particular case. At the hearing,
31the court shall consider any report of the probation officer,
32including the results of the SARATSO, if applicable, and shall
33make a statement that it has considered the report, which shall be
34filed with the clerk of the court as a record in the case. If the court
35determines that there are circumstances in mitigation of the
36punishment prescribed by law or that the ends of justice would be
37served by granting probation to the person, it may place the person
38on probation. If probation is denied, the clerk of the court shall
39immediately send a copy of the report to the Department of
P71 1Corrections and Rehabilitation at the prison or other institution to
2which the person is delivered.
3(4) The preparation of the report or the consideration of the
4report by the court may be waived only by a written stipulation of
5the prosecuting and defense attorneys that is filed with the court
6or an oral stipulation in open court that is made and entered upon
7the minutes of the court, except that
begin delete there shall be noend delete waiver
8 unless the court consents thereto. However,
9if the defendant is ultimately sentenced and committed to the state
10prison, a probation report shall be completed pursuant to Section
12(c) If a defendant is not represented by an attorney, the court
13shall order the probation officer who makes the probation report
14to discuss its contents with the defendant.
15(d) If a person is convicted of a misdemeanor, the court may
16either refer the matter to the probation officer for an investigation
17and a report or summarily pronounce a conditional sentence. If
18the person was convicted of an offense that requires him or her to
19register as a sex offender pursuant to Sections 290 to 290.023,
20inclusive, or if the probation officer recommends that the court,
21at sentencing, order the offender to register as a sex offender
22pursuant to Section 290.006, the court shall refer the matter to the
23probation officer for the purpose of obtaining a report on the results
24of the State-Authorized Risk Assessment Tool for Sex Offenders
25administered pursuant to Sections 290.04 to 290.06, inclusive, if
26 applicable, which the court shall consider. If the case is not referred
27to the probation officer, in sentencing the person, the court may
28consider any information concerning the person that could have
29been included in a probation report. The court shall inform the
30person of the information to be considered and permit him or her
31to answer or controvert the information. For this purpose, upon
32the request of the person, the court shall grant a continuance before
33the judgment is pronounced.
34(e) Except in unusual cases where the interests of justice would
35best be served if the person is granted probation, probation shall
36not be granted to any of the following persons:
37(1) Unless the person had a lawful right to carry a deadly
38weapon, other than a firearm, at the time of the perpetration of the
39crime or his or her arrest, any person who has been convicted of
40arson, robbery, carjacking, burglary, burglary with explosives,
P72 1rape with force or violence, torture, aggravated mayhem, murder,
2attempt to commit murder, trainwrecking, kidnapping, escape from
3the state prison, or a conspiracy to commit one or more of those
4crimes and who was armed with the weapon at either of those
6(2) Any person who used, or attempted to use, a deadly weapon
7upon a human being in connection with the perpetration of the
8crime of which he or she has been convicted.
9(3) Any person who willfully inflicted great bodily injury or
10torture in the perpetration of the crime of which he or she has been
12(4) Any person who has been previously convicted twice in this
13state of a felony or in any other place of a public offense which,
14if committed in this state, would have been punishable as a felony.
15(5) Unless the person has never been previously convicted once
16in this state of a felony or in any other place of a public offense
17which, if committed in this state, would have been punishable as
18a felony, any person who has been convicted of burglary with
19explosives, rape with force or violence, torture, aggravated
20mayhem, murder, attempt to commit murder, trainwrecking,
21extortion, kidnapping, escape from the state prison, a violation of
22Section 286, 288, 288a, or 288.5, or a conspiracy to commit one
23or more of those crimes.
24(6) Any person who has been previously convicted once in this
25state of a felony or in any other place of a public offense which,
26if committed in this state, would have been punishable as a felony,
27if he or she committed any of the following acts:
28(A) Unless the person had a lawful right to carry a
29weapon at the time of the perpetration of the previous crime or his
30or her arrest for the previous crime, he or she was armed with a
31weapon at either of those times.
32(B) The person used, or attempted to use, a deadly weapon upon
33a human being in connection with the perpetration of the previous
35(C) The person willfully inflicted great bodily injury or torture
36in the perpetration of the previous crime.
37(7) Any public official or peace officer of this state or any city,
38county, or other political subdivision who, in the discharge of the
39duties of his or her public office or employment, accepted or gave
P73 1or offered to accept or give any bribe, embezzled public money,
2or was guilty of extortion.
3(8) Any person who knowingly furnishes or gives
5(9) Any person who intentionally inflicted great bodily injury
6in the commission of arson under subdivision (a) of Section 451
7or who intentionally set fire to, burned, or caused the burning of,
8an inhabited structure or inhabited property in violation of
9subdivision (b) of Section 451.
10(10) Any person who, in the commission of a felony, inflicts
11great bodily injury or causes the death of a human being by the
12discharge of a firearm from or at an occupied motor vehicle
13proceeding on a public street or highway.
14(11) Any person who possesses a short-barreled rifle or a
15short-barreled shotgun under Section 33215, a machinegun under
16Section 32625, or a silencer under Section 33410.
17(12) Any person who is convicted of violating Section
18the Welfare and Institutions Code.
19(13) Any person who is described in subdivision (b) or (c) of
21(f) When probation is granted in a case which comes within
22subdivision (e), the court shall specify on the record and shall enter
23on the minutes the circumstances indicating that the interests of
24justice would best be served by that disposition.
25(g) If a person is not eligible for probation, the judge shall refer
26the matter to the probation officer for an investigation of the facts
27relevant to determination of the amount of a restitution fine
28pursuant to subdivision (b) of Section 1202.4 in all cases where
29the determination is applicable. The judge, in his or her discretion,
30may direct the probation officer to investigate all facts relevant to
31the sentencing of the person. Upon that referral, the probation
32officer shall immediately investigate the circumstances surrounding
33the crime and the prior record and history of the person and make
34a written report to the court of his or her findings. The findings
35shall include a recommendation of the amount of the restitution
36fine as provided in subdivision (b) of Section 1202.4.
37(h) If a defendant is convicted of a felony and a probation report
38is prepared pursuant to subdivision (b) or (g), the probation officer
39may obtain and include in the report a statement of the comments
40of the victim concerning the offense. The court may direct the
P74 1probation officer not to obtain a statement if the victim has in fact
2testified at any of the court proceedings concerning the offense.
begin deleteNo end deleteprobationer shall be released to enter another state
4unless his or her case has been referred to the Administrator of the
5Interstate Probation and Parole Compacts, pursuant to the Uniform
6Act for Out-of-State Probationer or Parolee Supervision (Article
73 (commencing with Section 11175) of Chapter 2 of Title 1 of Part
84) and the probationer has reimbursed the county that has
9jurisdiction over his or her probation case the reasonable costs of
10processing his or her request for interstate compact supervision.
11The amount and method of reimbursement shall be in accordance
12with Section 1203.1b.
13(j) In any court where a county financial evaluation officer is
14available, in addition to referring the matter to the probation officer,
15the court may order the defendant to appear before the county
16financial evaluation officer for a financial evaluation of the
17defendant’s ability to pay restitution, in which case the county
18financial evaluation officer shall report his or her findings regarding
19restitution and other court-related costs to the probation officer on
20the question of the defendant’s ability to pay those costs.
21Any order made pursuant to this subdivision may be enforced
22as a violation of the terms and conditions of probation upon willful
23failure to pay and at the discretion of the court, may be enforced
24in the same manner as a judgment in a civil action, if any balance
25remains unpaid at the end of the defendant’s probationary period.
26(k) Probation shall not be granted to, nor shall the execution of,
27or imposition of sentence be suspended for, any person who is
28convicted of a violent felony, as defined in subdivision (c) of
29Section 667.5, or a serious felony, as defined in subdivision (c) of
30Section 1192.7, and who was on probation for a felony offense at
31the time of the commission of the new felony offense.
In order to prevent the spread of communicable
begin delete everyend delete law enforcement agency employing peace officers
36described in subdivision (a) of Section 13518
begin delete shallend delete provide
37to each of these peace officers an appropriate portable manual
38mask and airway assembly for use when applying cardiopulmonary
begin deleteEvery end deletelaw enforcement
2agency in this state
begin delete shallend delete develop, adopt, and implement
3written policies and standards for officers’ responses to domestic
4violence calls by January 1, 1986. These policies
begin delete shallend delete
5that domestic violence is alleged criminal conduct. Further, they
begin delete shallend delete reflect existing policy that a request for assistance in a
7situation involving domestic violence is the same as any other
8request for assistance where violence has occurred.
begin deleteThe end deletewritten policies begin delete shallend delete
10 encourage the arrest of domestic violence offenders if there is
11probable cause that an offense has been committed. These policies
begin delete shallend delete require the arrest of an offender, absent exigent
13circumstances, if there is probable cause that a protective order
14issued under Chapter 4 (commencing with Section 2040) of Part
151 of Division 6, Division 10 (commencing with Section 6200), or
16Chapter 6 (commencing with Section 7700) of Part 3 of Division
1712, of the Family Code, or Section 136.2 of this code, or by a court
18of any other state, a commonwealth, territory, or insular possession
19subject to the jurisdiction of the United States, a military tribunal,
20or a tribe has been violated. These policies
begin delete shallend delete
21when appropriate, but not prohibit, dual arrests. Peace officers
begin delete shallend delete make reasonable efforts to identify the dominant
23aggressor in any incident. The dominant aggressor is the person
24determined to be the most significant, rather than the first,
25aggressor. In identifying the dominant aggressor, an officer
begin delete shallend delete
26 consider the intent of the law to protect victims of domestic
27violence from continuing abuse, the threats creating fear of physical
28injury, the history of domestic violence between the persons
29involved, and whether either person acted in self-defense. These
begin delete shallend delete be developed, adopted, and implemented
31by July 1, 1996. Notwithstanding subdivision (d), law enforcement
begin delete shallend delete develop these policies with the input of local
33domestic violence agencies.
begin deleteThese end deleteexisting local policies and
begin delete shallend delete be in writing and shall
36be available to the public upon request and
begin delete shallend delete include
37specific standards for the following:
38(1) Felony arrests.
39(2) Misdemeanor arrests.
40(3) Use of citizen arrests.
P76 1(4) Verification and enforcement of temporary restraining orders
2when (A) the suspect is present and (B) the suspect has fled.
3(5) Verification and enforcement of stay-away orders.
4(6) Cite and release policies.
5(7) Emergency assistance to victims, such as medical care,
6transportation to a shelter, or a hospital for treatment when
7necessary, and police standbys for removing personal property
8and assistance in safe passage out of the victim’s residence.
9(8) Assisting victims in pursuing criminal options, such as giving
10the victim the report number and directing the victim to the proper
12(9) Furnishing written notice to victims at the scene, including,
13but not limited to, all of the following information:
14(A) A statement informing the victim that despite official
15restraint of the person alleged to have committed domestic
16violence, the restrained person may be released at any time.
17(B) A statement that, “For further information about a shelter
18you may contact ____.”
19(C) A statement that, “For information about other services in
20the community, where available, you may contact ____.”
21(D) A statement that, “For information about the California
22victims’ compensation program, you may contact 1-800-777-9229.”
23(E) A statement informing the victim of domestic violence that
24he or she may ask the district attorney to file a criminal complaint.
25(F) A statement informing the victim of the right to go to the
26superior court and file a petition requesting any of the following
27orders for relief:
28(i) An order restraining the attacker from abusing the victim
29and other family members.
30(ii) An order directing the attacker to leave the household.
31(iii) An order preventing the attacker from entering the
32residence, school, business, or place of employment of the victim.
33(iv) An order awarding the victim or the other parent custody
34of or visitation with a minor child or children.
35(v) An order restraining the attacker from molesting or
36interfering with minor children in the custody of the victim.
37(vi) An order directing the party not granted custody to pay
38support of minor children, if that party has a legal obligation to do
P77 1(vii) An order directing the defendant to make specified debit
2 payments coming due while the order is in effect.
3(viii) An order directing that either or both parties participate
5(G) A statement informing the victim of the right to file a civil
6suit for losses suffered as a result of the abuse, including medical
7expenses, loss of earnings, and other expenses for injuries sustained
8and damage to property, and any other related expenses incurred
9by the victim or any agency that shelters the victim.
10(H) In the case of an alleged violation of subdivision (e) of
11Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,
12a “Victims of Domestic Violence” card which shall include, but
13is not limited to, the following information:
14(i) The names and phone numbers of or local county hotlines
15for, or both the phone numbers of and local county hotlines for,
16local shelters for battered women and rape victim counseling
17centers within the county, including those centers specified in
18Section 13837, and their 24-hour counseling service telephone
20(ii) A simple statement on the proper procedures for a victim
21to follow after a sexual assault.
22(iii) A statement that sexual assault by a person who is known
23to the victim, including sexual assault by a person who is the
24spouse of the victim, is a crime.
25(iv) A statement that domestic violence or assault by a person
26who is known to the victim, including domestic violence or assault
27by a person who is the spouse of the victim, is a crime.
28(10) Writing of reports.
29(d) In the development of these policies and standards, each
30local department is encouraged to consult with domestic violence
31experts, such as the staff of the local shelter for battered women
32and their children. Departments may utilize the response guidelines
33developed by the commission in developing local policies.
begin deleteLaw end deleteenforcement
begin delete shallend delete maintain a complete and systematic record of
37all protection orders with respect to domestic violence incidents,
38including orders which have not yet been served, issued pursuant
39to Section 136.2, restraining orders, and proofs of service in effect.
begin delete shallend delete be used to inform law enforcement officers
P78 1responding to domestic violence calls of the existence, terms, and
2effective dates of protection orders in effect.
3(2) The police department of a community college or school
4district described in subdivision (a) or (b) of Section 830.32 shall
5notify the sheriff or police chief of the city in whose jurisdiction
6the department is located of any protection order served by the
7department pursuant to this section.
8(b) The terms and conditions of the protection order remain
9enforceable, notwithstanding the acts of the parties, and may be
10changed only by order of the court.
11(c) Upon request, law enforcement agencies shall serve the party
12to be restrained at the scene of a domestic violence incident or at
13any time the party is in custody.
begin deleteEach end deletelaw enforcement
begin delete shallend delete develop a system, by January 1, 1986, for
17recording all domestic violence-related calls for assistance made
18to the department including whether weapons are involved. All
19domestic violence-related calls for assistance
begin delete shallend delete
20supported with a written incident report, as described in subdivision
21(c), identifying the domestic violence incident. Monthly, the total
22number of domestic violence calls received and the numbers of
23those cases involving weapons
begin delete shallend delete be compiled by each law
24enforcement agency and submitted to the Attorney General.
25(b) The Attorney General shall report annually to the Governor,
26the Legislature, and the public the total number of domestic
27violence-related calls received by California law enforcement
28agencies, the number of cases involving weapons, and a breakdown
29of calls received by agency, city, and county.
begin deleteEach end deletelaw enforcement agency begin delete shallend delete
31 develop an incident report form that includes a domestic
32violence identification code by January 1, 1986. In all incidents
33of domestic violence, a report
begin delete shallend delete be written and begin delete shallend delete
34 be identified on the face of the report as a domestic violence
35incident. The report
begin delete shallend delete include at least all of the following:
36(1) A notation of whether the officer or officers who responded
37to the domestic violence call observed any signs that the alleged
38abuser was under the influence of alcohol or a controlled substance.
39(2) A notation of whether the officer or officers who responded
40to the domestic violence call determined if any law enforcement
P79 1agency had previously responded to a domestic violence call at
2the same address involving the same alleged abuser or victim.
3(3) A notation of whether the officer or officers who responded
4to the domestic violence call found it necessary, for the protection
5of the peace officer or other persons present, to inquire of the
6victim, the alleged abuser, or both, whether a firearm or other
7deadly weapon was present at the location, and, if there is an
8inquiry, whether that inquiry disclosed the presence of a firearm
9 or other deadly weapon. Any firearm or other deadly weapon
10discovered by an officer at the scene of a domestic violence
11incident shall be subject to confiscation pursuant to Division 4
12(commencing with Section 18250) of Title 2 of Part 6.
(a) The department shall exempt from its approval
begin delete seventy-five thousand dollars ($75,000)end delete that any state agency
18awards if the state agency does all of the following:
19(1) Designates an agency officer as responsible and directly
20accountable for the agency’s contracting program.
21(2) Establishes written policies and procedures and a
22management system that will ensure the state agency’s contracting
23activities comply with applicable provisions of law and regulations
24and that it has demonstrated the ability to carry out these policies
25and procedures and to implement the management system.
26(3) Establishes a plan for ensuring that contracting personnel
27are adequately trained in contract administration and contract
29(4) Conducts an audit every two years of the contracting program
30and reports to the department as it may require.
31(5) Establishes procedures for reporting to the department and
32the Legislature on such contracts as the Legislature may require
33in the Budget Act.
34(b) Any state agency may request the department to exempt
35from its approval classes or types of contracts under this section.
36When the department receives a request but refuses to grant the
37exemption, it shall state in writing the reasons for the refusal. It is
38the intent of the Legislature that the department shall actively
39implement the provisions of this section and shall exempt from its
40approval as wide a range of classes or types of contracts as is
P80 1consistent with proper administrative controls and the best interests
2of the state.
The Legislature finds that the unique aspects of
begin delete technology, as defined in Section 11702 of the a separate acquisition authority. The Legislature
7Government Code,end delete
11further finds that this separate authority should enable the timely
12acquisition of information technology goods and services
begin delete in orderend delete
13 to meet the state’s needs in the most value-effective manner.
14All contracts for the acquisition of information technology goods
15or services, whether by lease or purchase, shall be made by or
16under the supervision of the Department of General Services.
The Regents of the University of California, the
9Trustees of the California State University, and the Board of
10Governors of the California Community Colleges shall not be
11subject to this chapter except that the trustees shall develop policies
12and procedures maintained in its state university administrative
13manual and the board shall adopt policies and procedures
14maintained in its administrative manual that further the legislative
15policies for contracting expressed in this chapter but without the
16involvement of the Director of Finance
begin delete andend delete the Director of General
begin delete orend delete
the Department of Finance begin delete andend delete the Department of
As used in this chapter:
23(a) “Department” means the Department of General Services.end delete
24(b) “Director” means the Director of General Services.end delete
25(c) “Information technology” shall have the same definition as
26set forth in Section 11702 of the Government Code.
28 “Multiple award schedule” (MAS) is an agreement
29established between the General Services Administration of the
30United States and certain suppliers to do business under specific
31prices, terms, and conditions for specified goods, information
32technology, and services.
34 “Multiple award” means a contract of indefinite quantity
35for one or more similar goods, information technology, or services
36to more than one supplier.
37(f) “Office” means the office in the department, by whatever
38name it may be called, which is responsible for contracting for
39goods and information technology, and is headed by the state
P82 1(g)end delete
2 “Procedures” means the
begin delete specific methods or courses of action information technology
3to implement policies forend delete
begin delete procurement.end delete
6(h) For purposes of this chapter, “policies” may be defined as
7setting general principles and standards for the acquisition of
12 For purposes of this chapter, “value-effective acquisition”
13may be defined to include, but not be limited to, the following:
14(1) The operational cost that the state would incur if the bid or
15proposal is accepted.
16(2) Quality of the product or service, or its technical competency.
17(3) Reliability of delivery and implementation schedules.
18(4) The maximum facilitation of data exchange and systems
20(5) Warranties, guarantees, and return policy.
21(6) Supplier financial stability.
22(7) Consistency of the proposed solution with the state’s
23planning documents and announced strategic program direction.
24(8) Quality and effectiveness of business solution and approach.
25(9) Industry and program experience.
26(10) Prior record of supplier performance.
expertise with engagements of similar scope and
29(12) Extent and quality of the proposed participation and
30acceptance by all user groups.
31(13) Proven development methodologies and tools.
32(14) Innovative use of current technologies and quality results.
It is the intent of the Legislature that policies developed by the
begin delete California Technology Agency and the
37procedures developed byend delete
38Department of General Services in accordance with
begin delete Section 12102end delete
39 provide for the following:
P83 1(a) The expeditious and
value-effective acquisition of
2information technology goods and services to satisfy state
4(b) The acquisition of information technology goods and services
5within a competitive framework.
6(c) The delegation of authority by the Department of General
7Services to each state agency that has demonstrated to the
8department’s satisfaction the ability to conduct value-effective
9information technology goods and services acquisitions.
10(d) The exclusion from state bid processes, at the state’s option,
11of any supplier having failed to meet prior contractual requirements
12related to information technology goods and services.
13(e) The review and resolution of protests submitted by any
14bidders with respect to any information technology goods and
begin deleteCommencing on January 1, 1994, the department end deleteshall prenegotiate the repetitively
20used terms and conditions in the state’s model contract with each
21interested vendor who bids or proposes on electronic data
22processing or telecommunications procurements. The contract
23language shall be kept on file, as a matter of public record, and
24shall remain operational until either the state or the vendor provides
2530 days’ notice to the other party that new negotiations are deemed
27If, for a particular procurement, the state seeks to make any
28 further changes to either the negotiated or the standard contract
29language, or both, it shall identify those changes to each bidder or
30proposer prior to the due date for the bid or proposal. If for a
31particular procurement, a bidder or proposer seeks to propose a
32negotiated change or standard contract language change, it shall
33make this identification within the timeframe identified in the
(a) It is the intent of the Legislature that agencies of
38the state use an acquisition method that is compatible with their
39short- and long-term fiscal needs in contracts relating to
40commodities and information technology goods and services. State
P84 1agencies should be able to specify their anticipated life cycle
2requirements that would become one of the criteria for contractor
3selection. These agencies should be given the choice of suppliers
4to meet statewide standardization needs, unique service
5requirements, application requirements, and long-term satisfaction
6criteria. There is a need for the state to enter into long-term
7contracts with annual cancellation and fund-out clauses, as
8required, to protect the state’s interests as well as provide the option
9for multiyear renewals to encourage suppliers to develop higher
10levels of service and support throughout the contracts.
11(b) The state may utilize multiple awards, including federal
12General Service Administration Multiple Awards Schedules and
13master agreements or contracts for goods, information technology,
14services, or consulting services. For purposes of this subdivision,
15a multiple award is an award of an indefinite quantity contract for
16one or more similar goods, information technology, or services to
17more than one supplier. Except for possible multiple awards as
18permitted by this subdivision, and except as described in
19subdivision (d), all the requirements of this chapter pertaining to
20other types of information technology acquisitions shall be
begin delete departmentend delete
22 ensure that multiple award schedules
23are in compliance with all other applicable statutes.
24(c) Notwithstanding any other provision of law, state agencies,
25in exercising their contracting authority delegated by the
begin delete department,end delete may contract with
27suppliers who have multiple award schedules with the General
28Services Administration of the United States on the same terms,
29conditions, and prices if the supplier is willing to do so. The
begin delete departmentend delete may also develop
31multiple award schedules or agreements for use by state agencies
32in the same manner. The
begin delete departmentend delete shall determine the delegation contracting authority for
34agencies wishing to use multiple award schedules.
35(d) For contracts related to information technology integration
36or development projects that generate revenues or achieve savings
37over a quantifiable baseline of existing costs, state agencies shall
38consider and may incorporate performance-based or
39share-in-savings contract terms to manage risks and create
40incentives for successful contract performance. Performance-based
P85 1or share-in-savings contracts may have the following
2 characteristics, among others:
3(1) Contract terms that specify business outcomes to be
4achieved, not the solution to be provided.
5(2) Contract terms that structure the contract to maintain
6maximum vendor commitment to project success and minimize
7risk to the state by sharing risk with the private sector.
8(3) Utilization of “best value” evaluation methods, which means
9to select the solution that will achieve the best result based on
10business performance measures, not necessarily the lowest price.
11(4) Contract terms that base payments to the vendor primarily
12on achieving predefined performance measures.
The Department of General Services shall maintain,
16in the State Administrative Manual, policies and procedures
17governing the acquisition and disposal of information technology
18goods and services.
24(a) Aquistionend delete
26information technology goods and services shall be conducted
27through competitive means, except when the Director of General
28Services determines that (1) the goods and services proposed for
29acquisition are the only goods and services which can meet the
30state’s need, or (2) the goods and services are needed in cases of
31emergency where immediate acquisition is necessary for the
32protection of the public health, welfare, or safety. The acquisition
33mode to be used and the procedure to be followed shall be approved
34by the Director of General Services. The Department of General
35Services shall maintain, in the State Administrative Manual,
36appropriate criteria and procedures to ensure compliance with the
37intent of this chapter. These criteria and procedures shall include
38acquisition and contracting guidelines to be followed by state
39agencies with respect to the acquisition of information technology
P86 1goods and services. These guidelines may be in the form of
2standard formats or model formats.
3(b) Contract awards for all large-scale systems integration
4projects shall be based on the proposal that provides the most
5value-effective solution to the state’s requirements, as determined
6by the evaluation criteria contained in the solicitation document.
7Evaluation criteria for the acquisition of information technology
8goods and services, including systems integration, shall provide
9for the selection of a contractor on an objective basis not limited
10to cost alone.
11(1) The Department of General Services shall invite active
12participation, review, advice, comment, and assistance from the
13private sector and state agencies in developing procedures to
14streamline and to make the acquisition process more efficient,
15including, but not limited to, consideration of comprehensive
16statements in the request for proposals of the business needs and
17governmental functions, access to studies, planning documents,
18feasibility study reports and draft requests for proposals applicable
19to solicitations, minimizing the time and cost of the proposal
20submittal and selection process, and development of a procedure
21for submission and evaluation of a single proposal rather than
23(2) Solicitations for acquisitions based on evaluation criteria
24other than cost alone shall provide that sealed cost proposals shall
25be submitted and that they shall be opened at a time and place
26designated in the solicitation for bids and proposals. Evaluation
27of all criteria, other than cost, shall be completed prior to the time
28designated for public opening of cost proposals, and the results of
29the completed evaluation shall be published immediately before
30the opening of cost proposals. The state’s contact person for
31administration of the solicitation shall be identified in the
32solicitation for bids and proposals, and that person shall execute
33a certificate under penalty of perjury, which shall be made a
34permanent part of the official contract file, that all cost proposals
35received by the state have been maintained sealed and under lock
36and key until the time cost proposals are opened.
37(c) The acquisition of hardware acquired independently of a
38system integration project may be made on the basis of lowest cost
39meeting all other specifications.
P87 1(d) The 5 percent small business preference provided for in
2Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
3Division 3 of Title 2 of the Government Code and the regulations
4implementing that chapter shall be accorded to all qualifying small
6(e) For all transactions formally advertised, evaluation of
7bidders’ proposals for the purpose of determining contract award
8for information technology goods shall provide for consideration
9of a bidder’s best financing alternatives, including lease or purchase
10alternatives, if any bidder so requests, not less than 30 days prior
11to the date of final bid submission, unless the acquiring agency
12can prove to the satisfaction of the Department of General Services
13that a particular financing alternative should not be so considered.
14(f) Acquisition authority may be delegated by the Director of
15General Services to any state agency that has been determined by
16the Department of General Services to be capable of effective use
17of that authority. This authority may be limited by the Department
18of General Services. Acquisitions conducted under delegated
19authority shall be reviewed by the Department of General Services
20on a selective basis.
21(g) To the extent practical, the solicitation documents shall
22provide for a contract to be written to enable acquisition of
23additional items to avoid essentially redundant acquisition
24processes when it can be determined that it is economical to do
26Further, it is the intent of the Legislature that, if a state
27information technology advisory committee or a state
28telecommunications advisory committee is established by the
29Governor, or the Director of General Services, the policies and
30procedures developed by the Director of General Services in
31accordance with this chapter shall be submitted to that committee,
32including supplier representatives, for review and comment, and
33that the comment be considered by both departments prior to the
34adoption of any policy or procedure. It is also the intent of the
35Legislature that this section shall apply to the Department of
36General Services Information Technology Customer Council.
37(h) Protest procedures shall be developed to provide bidders an
38opportunity to protest any formal, competitive acquisition
39conducted in accordance with this chapter. The procedures shall
40provide that protests must be filed no later than five working days
P88 1after the issuance of an intent to award. Authority to protest may
2be limited to participating bidders. The Director of General
3Services, or a person designated by the director, may consider and
4decide on initial protests. A decision regarding an initial protest
5shall be final. If prior to the last day to protest, any bidder who has
6submitted an offer files a protest with the department against the
7awarding of the contract on the ground that his or her bid or
8proposal should have been selected in accordance with the selection
9criteria in the solicitation document, the contract shall not be
10awarded until either the protest has been withdrawn or the State
11Board of Control has made a final decision as to the action to be
12taken relating to the protest. Within 10 calendar days after filing
13a protest, the protesting bidder shall file with the State Board of
14Control a full and complete written statement specifying in detail
15the grounds of the protest and the facts in support thereof.
16(i) Information technology goods that have been determined to
17be surplus to state needs shall be disposed of in a manner that will
18best serve the interests of the state. Procedures governing the
19disposal of surplus goods may include auction or transfer to local
21(j) A supplier may be excluded from bid processes if the
22supplier’s performance with respect to a previously awarded
23contract has been unsatisfactory, as determined by the state in
24accordance with established procedures that shall be maintained
25in the State Administrative Manual. This exclusion may not exceed
2636 months for any one determination of unsatisfactory
27performance. Any supplier excluded in accordance with this section
28shall be reinstated as a qualified supplier at any time during this
2936-month period, upon demonstrating to the department’s
30satisfaction that the problems that resulted in the supplier’s
31exclusion have been corrected.
In addition to the mandatory requirements enumerated
begin delete Sectionend delete 12102, the acquisition
begin delete and maintainedend delete by the
begin delete California Technology Agency and procedures developed and in accordance
18maintained by the Department of General Servicesend delete
20with this chapter may provide for the following:
21(a) Price negotiation with respect to contracts entered into in
22accordance with this chapter.
23(b) System or equipment component performance, or availability
24standards, including an assessment of the added cost to the state
25to receive contractual guarantee of a level of performance.
26(c) Requirement of a bond or assessment of a cost penalty with
27respect to a contract or consideration of a contract offered by a
28supplier whose performance has been determined unsatisfactory
29in accordance with established procedures maintained in the State
30Administrative Manual as required by Section 12102.
begin deleteBeginning January 1, 2007, for end deletethose information
34technology purchases for which the
begin delete departmentend delete determines
36that a request for proposal (RFP) is appropriate, the
37 department shall identify and
38document the following, with respect to information technology
39procurements, prior to releasing the RFP:
P93 1(a) Identify the legislative mandate, state business, or operational
2reason for the information technology procurement.
3(b) Identify the existing business processes currently used to
4accomplish the legislative mandate, state business, or operational
6(c) Identify the most important priorities for the information
7technology project to accomplish.
8(d) Identify what current technology is being used and how it
9is being used.
10(e) If the data used in a proposed information technology system
11comes from multiple sources, identify the existing business
12processes or technical systems that produce and maintain the source
13data to ensure interoperability.
14(f) Identify how the new information technology project
15leverages existing technology investments while accomplishing
16its business objectives.
begin deleteCommencing on or before January 1, 2007, the end delete
20State Contracting Manual shall set forth all procedures and
21methods that shall be used by the
begin delete departmentend delete when seeking
22to obtain bids for the acquisition of information technology.
23(2) Revisions to the manual must be publicly announced,
24including, but not limited to, postings on the
begin delete department’send delete
28(b) The department, in consultation with the California
29Technology Agency, shall develop, implement, and maintain
30standardized methods for the development of information
31technology requests for proposals.
36(c) All information technology requests for proposals shall be
37reviewed by the
begin delete California Technology Agency and the Department prior to release to
38of General Servicesend delete
(a) All rules and requirements governing an
4information technology acquisition, for which the
begin delete departmentend delete
6 determines that a request for proposal (RFP) is appropriate, shall
7be communicated in writing to all vendors that have expressed an
8intent to bid and shall be posted in a public location. Any changes
9to the rules and requirements governing that RFP shall be
10communicated in writing to all vendors that have expressed an
11intent to bid and shall be posted in a public location.
begin delete No
other than those provided by law or
13outside of the published RFP and posted addendums shall be
begin delete by the departmentend delete
to score bids.
15(b) (1) All requests for proposals shall contain the following
17“It is unlawful for any person engaged in business within this
18state to sell or use any article or product as a “loss leader” as
19defined in Section 17030 of the Business and Professions Code.”
20(2) On and after March 31, 2010, and until December 31, 2011,
21if a request for proposal does not contain the statement required
22by paragraph (1), the awarding agency shall report this error to the
23department within 30 days of the date the awarding agency
24discovers this error.
begin delete departmentend delete shall post
27in the State Contracting Manual instructions for including the
28statement required by paragraph (1) in all affected contracts.
30 The statement required by paragraph (1) shall be deemed to
31be part of a request for proposal even if the statement is
32inadvertently omitted from the request for proposal.
33(c) The requirements of this section shall be in addition to any
34other requirement provided by law.
The Department of General Services and the
begin delete California shall coordinate
38Technology Agencyend delete
39in the development of policies and procedures that implement the
40intent of this chapter.
begin delete The California Technology Agency shall
P95 1have the final authority in the determination of any general policy
2and the Department of General Services shall have the final
3authority in the determination of any procedures.end delete
The Department of General Services may, in addition to fulfilling the
8mandatory requirements enumerated in
begin delete Sectionend delete 12102,
9 adopt such rules and regulations as are
10necessary for the purposes of this chapter.
Until the time that the Department of General Services
begin delete hasend delete published in the State
15Administrative Manual the procedures required in accordance with
16Section 12102, acquisitions of information technology goods and
17services shall be accomplished in accordance with either existing
18State Administrative Manual procedures for the acquisition of
19information technology goods and services, or Article 2
20(commencing with Section 14790) of Chapter 6 of Part 5.5 of
21Division 3 of Title 2 of the Government Code, as determined by
22the Department of General Services.
The Director of General Services may make the services of
begin delete the departmentend delete under this chapter available, upon the terms
28and conditions that may be deemed satisfactory, to any
29tax-supported public agency in the state, including a school district,
30for assisting the agency in the acquisition of information
31technology goods or services.
(a) Any contract for information technology goods or
35services, to be manufactured or performed by the contractor
36especially for the state and not suitable for sale to others in the
37ordinary course of the contractor’s business may provide, on the
38terms and conditions that the department deems necessary to protect the state’s interests,
40for progress payments for work performed and costs incurred at
P96 1the contractor’s shop or plant, provided that not less than 10 percent
2of the contract price is required to be withheld until final delivery
3and acceptance of the goods or services. Notwithstanding this
4subdivision, if the department determines that lesser withholding
5levels are appropriate based upon an evaluation of risk determined
6under subdivision (b) and the contract price is ten million dollars
7($10,000,000) or more, the department shall withhold no less than
85 percent of the contract price until final delivery and acceptance
9of the goods or services. If the department determines that lesser
10withholding levels are appropriate based on an evaluation of risk
11determined under subdivision (b) and the contract price is less than
12ten million dollars ($10,000,000), the department shall withhold
13no less than 3 percent of the contract price until final delivery and
14acceptance of the goods or services.
begin delete department,end delete
16consultation with the Department of Finance, shall develop and
17maintain criteria for the evaluation of risk to the state that results
18from the acquisition of information technology. This risk analysis
19shall determine the need for financial protection that is in the best
20interest of the state, including, but not limited to, any of the
22(1) An acceptable performance bond as described in Chapter 2
23(commencing with Section 995.010) of Title 14 of Part 2 of the
24Code of Civil Procedure.
25(2) Any surety as defined in Section 2787 of the Civil Code.
26(3) A letter of credit as described in Division 5 (commencing
27with Section 5101) of the Commercial Code.
28(4) Protection in the form of contract terms.
29(5) Any other form of security or guaranty of performance in
30an amount sufficient to protect the state in the case of default by
31the contractor providing information technology, or any other
32breach or malfunction of the goods or services, or both.
33(c) The department shall, on or before June 1, 2008, submit the
34criteria developed and maintained pursuant to subdivision (b) to
35the Joint Legislative Budget Committee and to the State Chief
36 Information Officer.
37(d) The State Chief Information Officer shall, on or before July
381, 2012, do both of the following:
39(1) Review and report to the Legislature on all contracts
40approved pursuant to this section on and after January 1, 2008.
P97 1(2) Report to the Legislature any recommendations for changes
2to this section or changes to the criteria developed and maintained
3by the department pursuant to subdivision (b).
5 For purposes of this section, “information technology” means
6information technology goods or services, or both, as appropriate.
The Legislature finds and declares that, with the advent
10of deregulation in the telecommunications industry, substantial
11cost savings can be realized by the state through the specialized
12evaluation and acquisition of alternative telecommunications
begin delete All contractsend delete for the acquisition of
14telecommunications services and
begin delete all contractsend delete for the
15acquisition of telecommunications goods, whether by lease or
16purchase, shall be made by, or under the supervision of, the
begin delete California Technology Agencyend delete. begin delete All shall be accomplished in accordance
19with Chapter 3 (commencing with Section 12100), relating to the
20acquisition of information technology goods and services, except
21to the extent any directive or provision is uniquely applicable to
22information technology acquisitions. The
begin delete agencyend delete shall have responsibility for the
establishment of policy
24and procedures for telecommunications.
begin delete The agency shall have The Trustees
25responsibility for the establishment of tactical policy and
26procedures for information technology and telecommunications
27acquisitions consistent with statewide strategic policy.end delete
28of the California State University and the Board of Governors of
29the California Community Colleges shall assume the functions of
30the agency with regard to acquisition of telecommunications goods
31and services by the California State University and the California
32Community Colleges, respectively. The trustees and the board
33shall each grant to the agency an opportunity to bid whenever the
34university or the college system solicits bids for
35telecommunications goods and services.
As used in this chapter:
39(a) “Agency” means the California Technology Agency.
P98 1(b) “Tactical policy” means the policies of an organization
2necessary to direct operational staff in carrying out their day-to-day
4(c) “Strategic policy” means policy which defines the goals and
5objectives for an organization.
There is hereby established the Alternative Protest
9Process to be administered by the Department of General Services
(a) Notwithstanding any other
begin delete provision ofend delete law, any
16department or agency may use the solicitation and alternative
17protest procedures outlined in this chapter for solicitations
18authorized under Chapter 2 (commencing with Section 10290) or
19Chapter 3 (commencing with Section 12100). The Department of
20General Services shall develop procedures and guidelines for the
21implementation of this alternative protest process.
22(b) To be eligible for this alternative protest process, the
23contracting department shall agree to participate in the Alternative
24Protest Process and the Department of General Services shall indicate that the
26proposed solicitation shall be conducted as part of the Alternative
27Protest Process prior to release of the solicitation. Submission of
28a bid constitutes consent for participation in the Alternative Protest
29Process. Any protests filed in relation to the proposed contract
30award shall be conducted under the procedures set forth by the
31Department of General Services for the Alternative Protest Process.
32(c) Notwithstanding any other
begin delete provision ofend delete law to the contrary,
33any bid protest conducted under this chapter shall include one or
34more of the following alternative procedures:
35(1) The Alternative Protest Process shall not prevent the
36commencement of work in accordance with the terms of any other
37contract awarded pursuant to this chapter. A contract may be
38entered into pending a final decision on the protest.
39(2) The Department of General Services shall review the protest
P99 1within seven days of the filing date to determine if the protest is
2frivolous. If determined to be frivolous, the protest shall not
3proceed under this chapter until the bidder posts a protest bond in
4an amount not less than 10 percent of the estimated contract value,
5as determined by the Department of General Services in the
18 The Director of General Services shall
20issue a decision within a period not to exceed 45 days from the
21date the protest is filed.
23 Arbitration, as defined and established by the Department
24of General Services, shall be the resolution tool.
25(d) Authority to protest under this chapter shall be limited to
27(1) Grounds for major information technology acquisition
28protests shall be limited to violations of the solicitation procedures
29and that the protestant should have been selected.
30(2) Any other acquisition protest filed pursuant to this chapter
31shall be based on the ground that the bid or proposal should have
32been selected in accordance with selection criteria in the solicitation
The Department of General Services shall apply this chapter to the following categories:
40(a) Information technology and ancillary services.
P100 1(b) Material, supplies, equipment, and ancillary services.
The directors shall receive no compensation for their
5services as such, but each
begin delete shallend delete be allowed reasonable and
6necessary expenses incurred in attendance at meetings of the
7directors or when otherwise engaged in the work of the district at
8the direction of the board of directors. The directors shall fix the
9amount allowed for necessary expenses, but no director shall be
10appointed to any position for which he or she would receive
11compensation as a salaried officer or employee of the district.
12Reimbursement for these expenses is subject to Sections 53232.2
13and 53232.3 of the Government Code.
(a) The Strategic Growth Council is hereby established
17in state government and it shall consist of the Director of State
18Planning and Research, the Secretary of the Resources Agency,
19the Secretary for Environmental Protection, the Secretary of
20Business, Transportation and Housing, the Secretary of California
21Health and Human Services, and one member of the public to be
23appointed by the Governor. The public member shall have a
24background in land use planning, local government, resource
25protection and management, or community development or
27(b) Staff for the council shall be reflective of the council’s
(a) The commission, in consultation with the
begin delete California , shall open an investigative
32Emergency Management Agency and the California Technology
34proceeding to determine whether standardized notification systems
35and protocol should be utilized by entities that are authorized to
36use automatic dialing-announcing devices pursuant to subdivision
37(e) of Section 2872, to facilitate notification of affected members
38of the public of local emergencies. The commission shall not
39establish standards for notification systems or standard notification
P101 1protocol unless it determines that the benefits of the standards
2 exceed the costs.
3(b) Before January 1, 2008, the commission shall prepare and
4submit to the Legislature a report on the results of the proceeding,
5including recommendations for funding notification systems and
6any statutory modifications needed to facilitate notification of
7affected members of the public of local emergencies.
(a) A provider of commercial mobile radio service, as
11defined in Section 216.8, shall provide access for end users of that
12service to the local emergency telephone systems described in the
13Warren-911-Emergency Assistance Act (Article 6 (commencing
14with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title
155 of the Government Code). “911” shall be the primary access
16number for those emergency systems. A provider of commercial
17mobile radio service, in accordance with all applicable Federal
18Communication Commission orders, shall transmit all “911” calls
19from technologically compatible commercial mobile radio service
20communication devices without requiring user validation or any
21similar procedure. A provider of commercial mobile radio service
22may not charge any airtime, access, or similar usage charge for
23any “911” call placed from a commercial mobile radio service
24telecommunications device to a local emergency telephone system.
25(b) A “911” call from a commercial mobile radio service
26telecommunications device may be routed to a public safety
27answering point other than the Department of the California
28Highway Patrol only if the alternate routing meets all of the
30(1) The “911” call originates from a location other than from a
31freeway, as defined in Section 23.5 of the Streets and Highways
32Code, under the jurisdiction of the Department of the California
34(2) The alternate routing is economically and technologically
36(3) The alternate routing will benefit public safety and reduce
37burdens on dispatchers for the Department of the California
39(4) The Department of the California Highway Patrol, the
begin delete California Technology Agency,end delete and
P102 1the proposed alternate public safety answering point, in
2consultation with the wireless industry, providers of “911” selective
3routing service, and local law enforcement officials, determine
4that it is in the best interest of the public and will provide more
5effective emergency service to the public to route “911” calls that
6do not originate from a freeway, as defined in Section 23.5 of the
7Streets and Highways Code, under the jurisdiction of the
8Department of the California Highway Patrol to another public
9safety answering point.
(a) For purposes of this section, “telecommunications
13service” means voice communication provided by a telephone
14corporation as defined in Section 234, voice communication
15provided by a provider of satellite telephone services, voice
16communication provided by a provider of mobile telephony service,
17as defined in Section 2890.2, and voice communication provided
18by a commercially available facilities-based provider of voice
19communication services utilizing voice over Internet Protocol or
20any successor protocol.
21(b) The commission, in consultation with the
begin delete California
shall open an investigative
22Emergency Management Agency and the California Technology
24or other appropriate proceeding to identify the need for
25telecommunications service systems not on the customer’s premises
26to have backup electricity to enable telecommunications networks
27to function and to enable the customer to contact a public safety
28answering point operator during an electrical outage, to determine
29performance criteria for backup systems, and to determine whether
30the best practices recommended by the Network Reliability and
31Interoperability Council in December 2005, for backup systems
32have been implemented by telecommunications service providers
33operating in California. If the commission determines it is in the
34public interest, the commission shall, consistent with subdivisions
35(c) and (d), develop and implement performance reliability
37(c) The commission, in developing any standards pursuant to
38the proceeding required by subdivision (b), shall consider current
39best practices and technical feasibility for establishing battery
P103 1(d) The commission shall not implement standards pursuant to
2the proceeding required by subdivision (b) unless it determines
3that the benefits of the standards exceed the costs.
4(e) The commission shall determine the feasibility of the use of
5zero greenhouse gas emission fuel cell systems to replace diesel
6backup power systems.
7(f) Before January 1, 2008, the commission shall prepare and
8submit to the Legislature a report on the results of the proceeding.
(a) Notwithstanding Section 11908, a district with a
12board having seven directors may provide, by resolution or
13ordinance, that each director shall receive compensation in an
14amount not to exceed one hundred dollars ($100) per day for each
15day’s attendance at public meetings of the board or for each day’s
16service rendered as a director by request of the board, not exceeding
17a total of six days in any calendar month, or, in lieu of that
18compensation, a salary of not to exceed six hundred dollars ($600)
19per month subject to annual adjustments pursuant to
begin delete subdivision any expenses incurred in
20(b), together withend delete
22the performance of
begin delete his or herend delete duties required or
23authorized by the board. No resolution or ordinance establishing
24compensation pursuant to this subdivision shall provide for any
25automatic increase in that compensation.
26(b) Any district which adopts salaries for directors pursuant to
27subdivision (a) may increase those salaries by not more than 5
28percent for each calendar year following the operative date of the
29last adjustment, commencing with the calendar year following
30adoption of the salary or increase.
31(c) Reimbursement for these expenses is subject to Sections
3253232.2 and 53232.3 of the Government Code.
Notwithstanding Section 11908, the board of a district
36which has owned and operated an electric distribution system for
37at least eight years and has a population of 250,000 or more may
38provide, by ordinance or resolution, that each director shall receive
39compensation in an amount not to exceed one hundred dollars
40($100) per day for each day’s attendance at public meetings of the
P104 1board or for each day’s service rendered as a director by request
2of the board, not exceeding a total of 10 days in any calendar
begin delete month, together withend delete any expenses
incurred in the
begin delete his or herend delete duties required or
6authorized by the board. The board may, by resolution or
7ordinance, increase the compensation per day by not more than 5
8percent for each calendar year following the operative date of the
9last adjustment, commencing with the 1988 calendar year. No
10resolution or ordinance establishing compensation pursuant to this
11subdivision shall provide for any automatic increase in that
12compensation. For purposes of this section, the determination of
13whether a director’s activities on any specific day are compensable
14shall be made pursuant to Article 2.3 (commencing with Section
1553232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
16Government Code. Reimbursement for these expenses is subject
17to Sections 53232.2 and 53232.3 of the Government Code.
Each member of the board of directors
begin delete shallend delete receive
21compensation in an amount not to exceed one hundred dollars
22($100) for each attendance at the meeting of the board held within
23the district, which amount shall be fixed from time to time by the
24board. No director, however, shall receive pay for more than four
25meetings in any calendar month.
begin delete shallend delete be allowed, with
the approval of the
begin delete all travelingend delete and other expenses necessarily incurred
28by the member in the performance of the member’s duties. For
29purposes of this section, the determination of whether a director’s
30activities on any specific day are compensable shall be made
31pursuant to Article 2.3 (commencing with Section 53232) of
32Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
33Code. Reimbursement for these expenses is subject to Sections
3453232.2 and 53232.3 of the Government Code.
begin delete California Technology Agencyend delete shall determine annually, on or before October 1, a
39surcharge rate that it estimates will produce sufficient revenue to
40fund the current fiscal year’s 911 costs. The surcharge rate shall
P105 1be determined by dividing the costs (including incremental costs)
begin delete California Technology Agencyend delete
3 estimates for the current fiscal year of 911 plans approved pursuant
4to Section 53115 of the Government Code, less the available
5balance in the State Emergency Telephone Number Account in
6the General Fund, by its estimate of the charges for intrastate
7telephone communications services and VoIP service to which the
8surcharge will apply for the period of January 1 to December 31,
9inclusive, of the next succeeding calendar year, but in no event
10shall such surcharge rate in any year be greater than three-quarters
11of 1 percent nor less than one-half of 1 percent.
begin delete California Technology Agencyend delete shall make its determination of the surcharge rate each
16year no later than October 1 and shall notify the board of the new
17rate, which shall be fixed by the board to be effective with respect
18to charges made for intrastate telephone communication services
19and VoIP service on or after January 1 of the next succeeding
Immediately upon notification by the
begin delete California and fixing the
24Technology Agencyend delete
25surcharge rate, the board shall each year no later than November
2615 publish in its minutes the new rate, and it shall notify by mail
27every service supplier registered with it of the new rate.
Funds in the State Emergency Telephone Number
31Account shall, when appropriated by the Legislature, be spent
32solely for the following purposes:
33(a) A minimum of one-half of 1 percent of the charges for
34intrastate telephone communications services and VoIP service to
35which the surcharge applies, as follows:
36(1) To pay refunds authorized by this part.
37(2) To pay the State Board of Equalization for the cost of the
38administration of this part.
P106 1(3) To pay the
begin delete office of the State Chief Information Officerend delete
2 for its costs in administration of the
3“911” emergency telephone number system.
4(4) To pay bills submitted to the
begin delete office of the State Chief by service
5Information Officerend delete
6suppliers or communications equipment companies for the
7installation of, and ongoing expenses for, the following
8communications services supplied to local agencies in connection
9with the “911” emergency phone number system:
10(A) A basic system.
11(B) A basic system with telephone central office identification.
12(C) A system employing automatic call routing.
13(D) Approved incremental costs.
14(5) To pay claims of local agencies for approved incremental
15costs, not previously compensated for by another governmental
17(6) To pay claims of local agencies for incremental costs and
18amounts, not previously compensated for by another governmental
19agency, incurred prior to the effective date of this part, for the
20installation and ongoing expenses for the following communication
21services supplied in connection with the “911” emergency
22telephone number system:
23(A) A basic system.
24(B) A basic system with telephone central office identification.
25(C) A system employing automatic call routing.
26(D) Approved incremental costs. Incremental costs shall not be
27allowed unless the costs are concurred in by the
begin delete office of the State
28Chief Information Officer.end delete
29(b) (1) For the purposes of paragraph (5) of subdivision (a), the
30term incremental costs shall include a maximum of one-quarter of
311 percent of the charges for intrastate telephone communications
32services and VoIP service to which the surcharge applies for a
33one-time payment to Primary Public Safety Answering Points for
34the cost necessary to recruit and train additional personnel
35 necessary to accept wireless enhanced “911” calls from within
36their jurisdiction routed directly to their call centers.
37(2) Funds allocated pursuant to this subdivision shall
38supplement, and not supplant, existing funding for these services.
39(3) This subdivision shall remain in effect only until December
For each fiscal year, moneys in the State Emergency
4Telephone Number Account not appropriated for a purpose
5specified in Section 41136 shall be held in trust for future
6appropriation for upcoming, planned “911” emergency telephone
7number projects that have been approved by the
begin delete California even if the
8Technology Agency,end delete
9projects have not yet commenced.
begin delete California Technology Agencyend delete shall pay, from funds appropriated from the State
14Emergency Telephone Number Account by the Legislature, as
15provided in Section 41138, bills submitted by service suppliers or
16communications equipment companies for the installation and
17ongoing costs of the following communication services provided
18local agencies by service suppliers in connection with the “911”
19emergency telephone number system:
20(a) A basic system.
21(b) A basic system with telephone central office identification.
22(c) A system employing automatic call routing.
23(d) Approved incremental costs that have been concurred in by
begin delete California Technology Agency.end delete
begin delete California Technology Agencyend delete shall pay, from funds appropriated from the
29State Emergency Telephone Number Account by the Legislature,
30as provided in Section 41138, claims submitted by local agencies
31for approved incremental costs and for the cost of preparation of
32final plans submitted to the
begin delete California Technology Agencyend delete for approval on or before October 1, 1978,
34as provided in Section 53115 of the Government Code.
(a) It is the intent of the Legislature that the
38reimbursement rates for “911” emergency telephone number
39equipment shall not exceed specified amounts negotiated with
40each interested supplier and approved by the
begin delete California Technology The
P108 1Agency.end delete
begin delete California Technology shall
3pricing to ensure cost effectiveness and the best value for the “911”
4emergency telephone number system. The
begin delete California Technology shall pay those bills as
6provided in Section 41137 only under the following conditions:
begin delete California Technology Agencyend delete shall have received the local agency’s “911” emergency
9telephone number system plan by July 1 of the prior fiscal year
10and approved the plan by October 1 of the prior fiscal year.
11(2) The Legislature has appropriated in the Budget Bill an
12amount sufficient to pay those bills.
begin delete California Technology Agencyend delete has reviewed and approved each line item of a request
15for funding to ensure the necessity of the proposed equipment or
16services and the eligibility for reimbursement.
17(4) The amounts to be paid do not exceed the pricing submitted
18by the supplier and approved by the
begin delete California Technology Agency.end delete
19 Extraordinary circumstances may
20warrant spending in excess of the established rate, but shall be
21preapproved by the
begin delete California Technology Agency.end delete In determining the reimbursement rate, the
begin delete California Technology Agencyend delete shall
24utilize the approved pricing submitted by the supplier providing
25the equipment or service.
begin deleteNothing in this end deletesection shall be construed to limit
27an agency’s ability to select a supplier or procure
28telecommunications equipment as long as the supplier’s pricing
29is preapproved by the
begin delete California Technology Agency.end delete
Agencies shall be encouraged to procure
31equipment on a competitive basis. Any amount in excess of the
32pricing approved by the
begin delete California Technology Agencyend delete shall not be reimbursed.
From funds appropriated by the Legislature from the
37Emergency Telephone Number Account, the
begin delete California Technology shall begin paying bills as
39provided in Sections 41137, 41137.1, and 41138 in the 1977-78
40fiscal year for plans submitted by local agencies by July 1, 1976,
P109 1to the
begin delete California Technology Agencyend delete
2 which the
begin delete California Technology Agencyend delete has approved.
begin delete California Technology Agencyend delete shall reimburse local agencies, from funds appropriated
8from the Emergency Telephone Number Account by the
9Legislature, for amounts not previously compensated for by another
10governmental agency, which have been paid by agencies for
11approved incremental costs or to service suppliers or
12communication equipment companies for the following
13communications services supplied in connection with the “911”
14emergency telephone number, provided local agency plans had
15been approved by the
begin delete California Technology Agency:end delete
17(a) A basic system.
18(b) A basic system with telephone central office identification.
19(c) A system employing automatic call routing.
20(d) Approved incremental costs.
Claims for reimbursement shall be submitted by local
24agencies to the
begin delete California Technology Agency,end delete which shall determine payment eligibility
26and shall reduce the claim for charges that exceed the approved
27incremental costs, approved contract amounts, or the established
28tariff rates for costs. No claim shall be paid until funds are
29appropriated by the Legislature.
Notwithstanding any other provision of this article, if
33the Legislature fails to appropriate an amount sufficient to pay
34bills submitted to the
begin delete California Technology Agencyend delete by service suppliers or communications
36equipment companies for the installation and ongoing
37communications services supplied local agencies in connection
38with the “911” emergency telephone number system, and to pay
39claims of local agencies which, prior to the effective date of this
40part, paid amounts to service suppliers or communications
P110 1equipment companies for the installation and ongoing expenses
2in connection with the “911” emergency telephone number system,
3the obligation of service suppliers and local agencies to provide
4“911” emergency telephone service shall terminate and service
5shall not again be required until the Legislature has appropriated
6an amount sufficient to pay those bills or claims.
begin delete Nothing in thisend delete
7 part shall preclude local agencies from purchasing or
8acquiring any communication equipment from companies other
9than the telephone service suppliers.
(a) The department, in conjunction with the California
13Highway Patrol, shall design and make available for issuance
14pursuant to this article the California memorial license plate.
15Notwithstanding Section 5060, the California memorial license
16plate may be issued in a combination of numbers or letters, or both,
17as requested by the applicant for the plates. A person described in
18Section 5101, upon payment of the additional fees set forth in
19subdivision (b), may apply for and be issued a set of California
20memorial license plates.
21(b) In addition to the regular fees for an original registration or
22renewal of registration, the following additional fees shall be paid
23for the issuance, renewal, retention, or transfer of the California
24memorial license plates authorized pursuant to this section:
25(1) For the original issuance of the plates, fifty dollars ($50).
26(2) For a renewal of registration of the plates or retention of the
27plates, if renewal is not required, forty dollars ($40).
28(3) For transfer of the plates to another vehicle, fifteen dollars
30(4) For each substitute replacement plate, thirty-five dollars
32(5) In addition, for the issuance of an environmental license
33plate, as defined in Section 5103, the additional fees required
34pursuant to Sections 5106 and 5108 shall be deposited
35proportionately in the funds described in subdivision (c).
36(c) The department shall deposit
the additional revenue derived
37from the issuance, renewal, transfer, and substitution of California
38memorial license plates as follows:
39(1) Eighty-five percent in the Antiterrorism Fund, which is
40hereby created in the General Fund.
P111 1(A) Upon appropriation by the Legislature, one-half of the
2money in the fund shall be allocated by the Controller to the
begin delete California Emergency Management Agencyend delete to be used solely for antiterrorism activities. The begin delete agencyend delete
5 shall not use more than 5 percent of the money appropriated
begin delete to itend delete for administrative purposes.
7(B) Upon appropriation by the Legislature in the annual Budget
8Act or in another statute, one-half of the money in the fund shall
9be used solely for antiterrorism activities.
10(2) Fifteen percent in the California Memorial Scholarship Fund,
11which is hereby established in the General Fund. Money deposited
12in this fund shall be administered by the Scholarshare Investment
13Board, and shall be available, upon appropriation in the annual
14Budget Act or in another statute, for distribution or encumbrance
15by the board pursuant to Article 21.5 (commencing with Section
1670010) of Chapter 2 of Part 42 of the Education Code.
17(d) The department shall deduct its costs to administer, but not
18to develop, the California memorial license plate program. The
19department may utilize an amount of money, not to exceed fifty
20thousand dollars ($50,000) annually, derived from the issuance,
21renewal, transfer, and substitution of California memorial license
22plates for the continued promotion of the California memorial
23license plate program of this section.
24(e) For the purposes of this section, “antiterrorism activities”
25means activities related to the prevention, detection, and emergency
26response to terrorism that are undertaken by state and local law
27enforcement, fire protection, and public health agencies. The funds
28provided for these activities, to the extent that funds are available,
29shall be used exclusively for purposes directly related to fighting
30terrorism. Eligible activities include, but are not limited to, hiring
31support staff to perform administrative tasks, hiring and training
32additional law enforcement, fire protection, and public health
33personnel, response training for existing and additional law
34enforcement, fire protection, and public health personnel, and
35hazardous materials and other equipment expenditures.
36(f) Beginning January 1, 2007, and each January 1 thereafter,
37the department shall determine the number of currently outstanding
38and valid California memorial license plates. If that number is less
39than 7,500 in any year, then the department shall no longer issue
40or replace those plates.
Notwithstanding any other provision of law, a director,
4for sitting on the board or acting under its orders,
begin delete shallend delete receive
5 both of the following:
6(a) (1) Except as specified in paragraphs (2) and (3),
7compensation not to exceed one hundred dollars ($100) per day,
8not exceeding six days in any calendar month.
9(2) In districts that produce or
distribute electric power, one of
10the following methods of compensation:
11(A) Compensation not to exceed one hundred dollars ($100)
13(B) A monthly salary of not to exceed six hundred dollars ($600)
15(C) Annual compensation not to exceed fifteen thousand dollars
16($15,000). Any annual compensation pursuant to this subparagraph
17shall be fixed by the adoption of an ordinance pursuant to Sections
1820203 to 20207, inclusive.
19(3) Districts containing 500,000 acres or more are governed by
21(b) Actual and necessary expenses when acting under the orders
22of the board.
23For purposes of this section, the determination of whether a
24 director’s activities on any specific day are compensable shall be
25made pursuant to Article 2.3 (commencing with Section 53232)
26of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
27Code. Reimbursement for these expenses is subject to Sections
2853232.2 and 53232.3 of the Government Code.
begin delete shallend delete receive compensation in an
32amount not to exceed one hundred dollars ($100) per day for each
33day’s attendance at meetings of the board or for each day’s service
34rendered as a director by request of the board, not exceeding a
35total of six days in any calendar
begin delete month, together withend delete any expenses incurred
37in the performance of his or her duties required or authorized by
38the board. For purposes of this section, the determination of
39whether a director’s activities on any specific day are compensable
40shall be made pursuant to Article 2.3 (commencing with Section
P113 153232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
2Government Code. Reimbursement for these expenses is subject
3to Sections 53232.2 and 53232.3 of the Government Code.
Each director of the Contra Costa Water District
begin delete shallend delete
7 receive compensation in an amount not to exceed one hundred
8dollars ($100) per day for each day’s attendance at meetings of
9the board and for each day’s service rendered as a director by
10request of the board, not exceeding a total of 10 days in any
begin delete month, together withend delete any expenses incurred in the
13 performance of duties required or authorized by the board. For
14purposes of this section, the determination of whether a director’s
15activities on any specific day are compensable shall be made
16pursuant to Article 2.3 (commencing with Section 53232) of
17Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
18Code. Reimbursement for these expenses is subject to Sections
1953232.2 and 53232.3 of the Government Code.
Until their compensation is fixed by the adoption of
23bylaws, the officers
begin delete shallend delete receive the following compensation
24for their services:
25(a) The secretary, tax collector, treasurer, and assessor, such
26sums as shall be fixed by the board.
27(b) Each director
begin delete shallend delete receive compensation in an amount
28 not to exceed one hundred dollars ($100) per day for each day’s
29attendance at meetings of the board or for each day’s service
30rendered as a director by request of the board, not exceeding a
31total of six days in any calendar
begin delete month, together withend delete any expenses incurred
33in the performance of his or her duties required or authorized by
34the board. For purposes of this section, the determination of
35whether a director’s activities on any specific day are compensable
36shall be made pursuant to Article 2.3 (commencing with Section
3753232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
38Government Code. Reimbursement for these expenses is subject
39to Sections 53232.2 and 53232.3 of the Government Code.
(a) A director, when sitting on the board or acting under
begin delete shallend delete receive not exceeding:
5(1) One hundred dollars ($100) per day, not exceeding six days
6in any calendar month.
7(2) Actual and necessary expenses while engaged in official
8business under the order of the board.
9(b) For purposes of this section, the determination of whether
10a director’s activities on any specific day are compensable shall
11be made pursuant to Article 2.3 (commencing with Section 53232)
12of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
14(c) Reimbursement for these expenses is subject to Sections
1553232.2 and 53232.3 of the Government Code.
(a) Each member of the board
begin delete shallend delete receive such
19compensation for services actually and necessarily performed as
20the board determines to be just and reasonable, and
begin delete shallend delete be
21reimbursed for expenses necessarily incurred in the performance
22of his duties as trustee.
23(b) For purposes of this section, the determination of whether
24a director’s activities on any specific day are compensable shall
25be made pursuant to Article 2.3 (commencing with Section 53232)
26of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
27Code. Reimbursement for these expenses is subject to Sections
2853232.2 and 53232.3 of the Government Code.
The district board
begin delete shall have power toend delete fix the
32amount of compensation per meeting to be paid each member of
33the board for his or her services for each meeting attended by him
34or her; provided, that the compensation shall not exceed ten dollars
35($10) for each meeting of the district board attended by him or
begin delete her, together withend delete expenses necessarily incurred by him or
38in traveling between his or her place of residence and the place of
39meeting. However, no member shall receive compensation for
40attending more than three meetings of the board during any
P115 1calendar month. This compensation shall be in addition to any
2other fees or compensation allowed by law for the other official
3positions specified in Section 56030 that are occupied by members
4of the district board. For purposes of this section, the determination
5of whether a director’s activities on any specific day are
6compensable shall be made pursuant to Article 2.3 (commencing
7with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title
85 of the Government Code. Reimbursement for these expenses is
9subject to Sections 53232.2 and 53232.3 of the Government Code.
begin delete shallend delete receive compensation in an
13amount not exceeding one hundred dollars ($100) for each day’s
14attendance at meetings of the board or for each day’s service
15rendered as a director by request of the board, not exceeding a
16total of six days in any calendar
begin delete month, together withend delete any expenses incurred
18in the performance of his or her duties required or authorized by
19the board. For purposes of this section, the determination of
20whether a director’s activities on any specific day are compensable
21shall be made pursuant to Article 2.3 (commencing with Section
2253232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
23Government Code. Reimbursement for these expenses is subject
24to Sections 53232.2 and 53232.3 of the Government Code.
Each member of the board
begin delete shallend delete receive
28compensation for services actually and necessarily performed, as
29the board determines to be just and reasonable, and
begin delete shallend delete be
30reimbursed for expenses necessarily incurred in the performance
31of his or her duties as director. The salaries of all officers and
32employees of the district shall be fixed and determined by the
33directors. The board of directors shall fix the compensation that
34 the election officers shall receive for district elections. For purposes
35of this section, the determination of whether a director’s activities
36on any specific day are compensable shall be made pursuant to
37Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
381 of Division 2 of Title 5 of the Government Code. Reimbursement
39for these expenses is subject to Sections 53232.2 and 53232.3 of
40the Government Code.
begin delete shallend delete receive compensation in an
4amount not to exceed one hundred dollars ($100) per day for each
5day’s attendance at meetings of the board or for each day’s service
6rendered as a director by request of the board, not exceeding a
7total of six days in any calendar
begin delete month, together withend delete any expenses incurred
9in the performance of his or her duties required or authorized by
10the board. For purposes of this section, the determination of
11whether a director’s activities on any specific day are compensable
12shall be made pursuant to Article 2.3 (commencing with Section
1353232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
14Government Code. Reimbursement for these expenses is subject
15to Sections 53232.2 and 53232.3 of the Government Code.
begin delete shallend delete receive compensation in an
19amount not to exceed one hundred dollars ($100) per day for each
20day’s attendance at meetings of the board or for each day’s service
21rendered as a director by request of the board, not exceeding a
22total of six days in any calendar
begin delete month, together withend delete any expenses incurred
24in the performance of his or her duties required or authorized by
25the board. For purposes of this section, the determination of
26whether a director’s activities on any specific day are compensable
27shall be made pursuant to Article 2.3 (commencing with Section
2853232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
29Government Code. Reimbursement for these expenses is subject
30to Sections 53232.2 and 53232.3 of the Government Code.
(a) Notwithstanding any other
begin delete provision ofend delete law, a
34victim shall have the right to present a victim impact statement in
35all juvenile court hearings concerning petitions filed pursuant to
36Section 602 alleging the commission of any criminal offense. In
37any case in which a minor is alleged to have committed a criminal
38offense, the probation officer shall inform the victim of the rights
39of victims to submit a victim impact statement. If the victim
40exercises the right to submit a victim impact statement to the
P117 1probation officer, the probation officer
begin delete shallend delete
2 include the statement in his or her social study submitted to the
3court pursuant to Section 706 and, if applicable, in his or her report
4submitted to the court pursuant to Section 707. The probation
5officer also shall advise those persons as to the time and place of
6the disposition hearing to be conducted pursuant to Sections 702
7and 706; any fitness hearing to be conducted pursuant to Section
8707, and any other judicial proceeding concerning the case.
10 officer shall also provide the victim with information
11concerning the victim’s right to an action for civil damages against
12the minor and his or her parents and the victim’s opportunity to
13be compensated from the restitution fund. The information shall
14be in the form of written material prepared by the Judicial Council
15and shall be provided to each victim for whom the probation officer
16has a current mailing address.
17(b) Notwithstanding any other
begin delete provision ofend delete law, the persons
18from whom the probation officer is required to solicit a statement
19pursuant to subdivision (a) shall have the right to attend the
20disposition hearing conducted pursuant to Section 702 and to
21express their views concerning the offense and disposition of the
22case pursuant to Section 706, to attend any fitness hearing
23conducted pursuant to Section 707, and to be present during
24juvenile proceedings as provided in Section 676.5.
25(c) Notwithstanding any other
begin delete provision ofend delete law, in any case
26in which a minor is alleged to have committed an act subject to a
27fitness hearing under Section 707, the victim shall have the right
28to be informed of all court dates and continuances pertaining to
29the case, and shall further have the right to obtain copies of the
30charging petition, the minutes of the proceedings, and orders of
31adjudications and disposition of the court that are contained in the
32court file. The arresting agency shall notify the victim in a timely
33manner of the address and telephone number of the juvenile branch
34of the district attorney’s office that will be responsible for the case
35and for informing the victim of the victim’s right to attend hearings
36and obtain documents as provided in this section. The district
37attorney shall, upon request, inform the victim of the date of the
38fitness hearing, the date of the disposition hearing, and the dates
39for any continuances of those hearings, and shall inform the court
P118 1if the victim seeks to exercise his or her right to obtain copies of
2the documents described in this subdivision.
4 the proceeding against the minor is based on a felony
5that is not listed in Section 676, a victim who obtains information
6about the minor under this subdivision shall not disclose or
7disseminate this information beyond his or her immediate family
8or support persons authorized by Section 676, unless authorized
9to do so by a judge of the juvenile court, and the judge may suspend
10or terminate the right of the victim to access to information under
11this subdivision if the information is improperly disclosed or
12disseminated by the victim or any members of his or her immediate
13family. The intentional dissemination of documents in violation
14of this subdivision is a misdemeanor and shall be punished by a
15fine of not more than five hundred dollars ($500). Documents
16released by the court to a victim pursuant to this section shall be
17stamped as confidential and with a statement that the unlawful
18dissemination of the documents is a misdemeanor punishable by
19a fine of not more than five hundred dollars ($500).
20(d) Upon application of the district attorney for good cause and
21a showing of potential danger to the public, the court may redact
22any information contained in any documents released by the court
23to a victim pursuant to this section.
24(e) For purposes of this section, “victim” means the victim, the
25parent or guardian of the victim if the victim is a minor, or, if the
26victim has died, the victim’s next of kin.
It is the intent of the Legislature to enact statutory
5changes relating to the Budget Act of 2013.