AB 1608,
as amended, Committee on Budget. begin deleteBudget Act of 2016.end deletebegin insert State government.end insert
(1) Existing law requires the State Board of Optometry to be responsible for the registration and regulation of nonresident contact lens sellers and dispensing opticians. Existing law authorizes a registered dispensing optician or optical company to operate, own, or have an ownership interest in a health plan, defined as a licensed health care service plan, and authorizes an optometrist, a registered dispensing optician, an optical company, or a health plan to execute a lease or other written agreement giving rise to a direct or indirect landlord-tenant relationship with an optometrist if specified conditions are contained in a written agreement. Existing law authorizes the board to inspect, upon request, an individual lease agreement and authorizes personal information, as defined, to be redacted from the lease agreement prior to submission of the lease agreement to the board. Existing law makes a violation of these provisions a crime.
end insertbegin insertThis bill would, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. The bill, among other things, would also delete the authorization to redact personal information from a lease agreement, and would, therefore, expand an existing crime resulting in the imposition of a state-mandated local program.
end insertbegin insert(2) Existing law requires any health plan, defined as a licensed health care service plan, to report to the board, among other things, that 100% of its locations no longer employ an optometrist by January 1, 2019. Existing law makes a violation of this provision a crime.
end insertbegin insertThis bill would instead require a registered dispensing optician or optical company that owns a health plan to meet certain milestones, including that 100% of its locations no longer employ optometrists by January 1, 2019, and report to the board whether those milestones have been met within 30 days of each milestone. The bill would also, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. By placing new requirements on a registered dispensing optician or optical company, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program.
end insertbegin insert(3) Under existing law, the Optometry Practice Act, the board consists of 11 members, 5 of whom are public members, 3 appointed by the Governor and one each appointed by the Senate Committee on Rules and the Speaker of the Assembly, and 6 of whom are nonpublic members appointed by the Governor. Existing law requires one of those nonpublic members to be a registered dispensing optician and requires the initial appointment of that member to replace the optometrist member whose term expired on June 1, 2015.
end insertbegin insertThis bill, for appointments made on or after January 1, 2016, would authorize the Governor to appoint a spectacle lens dispenser or contact lens dispenser as that member.
end insertbegin insert(4) Existing law establishes a dispensing optician committee under the board, requires the committee to advise and make recommendations to the board regarding the regulation of dispensing opticians pursuant to the act, and tasks the committee with recommending registration standards and criteria for the registration of dispensing opticians and reviewing the disciplinary guidelines relating to registered dispensing opticians. Existing law requires the committee to consist of 2 registered dispensing opticians, 2 public members, and one member of the board.
end insertbegin insertThis bill, as of January 1, 2016, would instead require one of those registered dispensing optician members to be a spectacle lens dispenser or a contact lens dispenser, would require the committee to additionally advise the board regarding the regulation of spectacle lens dispensers and contact lens dispensers, and would additionally task the committee with recommending registration standards and criteria for the registration of those dispensers and nonresident contact lens sellers and reviewing the disciplinary guidelines relating to those dispensers and nonresident contact lens sellers.
end insertbegin insert(5) Existing law establishes a system of public elementary and secondary education in this state in which local educational agencies provide instruction in kindergarten and grades 1 to 12, inclusive, in the public elementary and secondary schools. Existing law also establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and authorizes community college districts throughout the state to provide instruction at the campuses they operate.
end insertbegin insertWith respect to facilities for both public elementary and secondary schools and for community colleges, existing law requires that the Department of General Services pass upon and approve or reject all plans for the construction of, or, if the estimated cost exceeds $25,000, the alteration of, any school building. Existing law also requires, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $25,000, but does not exceed $100,000, that a licensed structural engineer examine the proposed project to determine if it is a nonstructural alteration or a structural alteration, as specified. Existing law authorizes the Department of General Services to increase the dollar amounts referenced above on an annual basis, commencing on January 1, 1999, according to an inflationary index governing construction costs that is selected and recognized by the department.
end insertbegin insertThis bill would increase from $25,000 to $100,000 the estimated cost threshold for the requirement that the Department of General Services pass upon and approve or reject all plans for the construction or alteration of any school building. The bill would also increase the amounts in existing law so that, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $100,000, but does not exceed $225,000, a licensed structural engineer would be required to examine the proposed project as specified. The bill would authorize the Department of General Services to increase these dollar amounts on an annual basis, commencing on January 1, 2018, according to an inflationary index governing construction costs as referenced above.
end insertbegin insert(6) Existing law creates the Central Service Cost Recovery Fund, and provides for the deposit into that fund of amounts equal to the fair share of administrative costs due and payable from state agencies, and directs that moneys in the Central Service Cost Recovery Fund be appropriated for the administration of the state government, as determined by the Director of Finance. Existing law requires the Department of Finance to certify annually to the Controller the amount determined to be the fair share of administrative costs due and payable from each state agency, and requires the Controller to transmit to each state agency from which administrative costs have been determined or redetermined to be due, a statement in writing setting forth the amount of the administrative costs due from the state agency and stating that, unless a written request to determine the payment is filed by the state agency, the Controller will transfer the amount of the administrative costs, or advance for administrative costs, from the special fund or funds charged to the Central Service Cost Recovery Fund or the General Fund, as specified. Existing law requires the Controller to transfer 1⁄4 the amount determined on August 15, November 15, February 15, and May 15 of each fiscal year, as specified.
end insertbegin insertThis bill would instead authorize the Department of Finance to allocate and charge a fair share of the administrative costs to all funds directly, and would require the department to certify to the Controller the amount determined to be the fair share of the administrative costs due and payable from each fund. This bill would eliminate the requirement that the Controller forward the determination of administrative costs to each state agency, and would require the Controller, upon order of the department, to transfer the amount of administrative costs, or advance for administrative costs, from special and nongovernmental cost funds to the Central Service Cost Recovery Fund or the General Fund. The bill would additionally authorize the Department of Finance to direct the Controller to advance a reasonable amount for administrative costs from a fund at any time during the year, as specified.
end insertbegin insert(7) Existing law requires a state agency if, upon receipt of the statement by the Controller, the state agency does not have funds available for the payment of the administrative costs, to notify the Controller and provide a written request to defer payment of those administrative costs, as specified.
end insertbegin insertThis bill would instead require the Controller to notify the Department of Finance if a fund has an insufficient balance for the payment of the administrative costs, for direction by the department on affecting the transfer and its timing, and would make conforming changes.
end insertbegin insert(8) The Financial Information System for California (FISCal) Act establishes the FISCal system, a single integrated financial management system for the state. The act establishes the FISCal Service Center and the FISCal project office to exist concurrently during the phased implementation of the FISCal system and requires the FISCal Service Center, upon full implementation and final acceptance of the FISCal system, to perform all maintenance and operation of the FISCal system. The act further establishes a FISCal Executive Partner who has responsibilities for the functions of the FISCal project office and the FISCal Service Center. The act requires the FISCal project office, subject to the approval of the Department of Finance, to establish and assess fees and a payment schedule for state departments and agencies to use or interface with the system, including fees to recover the costs of the FISCal system.
end insertbegin insertThis bill would replace the FISCal Service Center with the Department of FISCal, with specified duties, make conforming changes, and would eliminate the FISCal Executive Partner and establish the Director of FISCal, who would be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The bill would modify the requirement of the FISCal system to have a state budget transparency component. The bill would locate the department within the Government Operations Agency upon the acceptance of the system by the state, as determined by the Director of Finance. The bill would modify the fees assessed on state departments and agencies to pay for the design, development, and implementation of the system, as specified, and require administrative costs to the allocated and recovered in a specified manner.
end insertbegin insert(9) Existing law authorizes the Controller, until June 30, 2016, to procure, modify, and implement a new human resource management system that meets the needs of a modern state government, known as the 21st Century Project.
end insertbegin insertThis bill would extend that authorization for one year, until June 30, 2017.
end insertbegin insert(10) The California Tourism Marketing Act authorizes the establishment of the California Travel and Tourism Commission, as a separate, independent California nonprofit mutual benefit corporation, for the purpose of promoting tourism in California, as specified. The act requires the commission to be composed of the Director of the Governor’s Office of Business and Economic Development, who serves as the chairperson, 12 commissioners appointed by the Governor, as specified, and 24 commissioners selected by industry category in a referendum, as specified. The act further requires the commissioners to elect a vice chairperson from the 24 industry selected commissioners and authorizes the director to remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
end insertbegin insertThis bill would instead require the 12 commissioners who are appointed by the Governor to elect the chairperson and the 24 industry-selected commissioners to elect the vice chairperson.
end insertbegin insert(11) Existing law establishes, within the Government Operations Agency, the California Victim Compensation and Government Claims Board with various duties that include, among others, compensating the victims and derivative victims of specified types of crimes for losses suffered as a result of those crimes and processing certain types of claims against the state. The board is composed of the Secretary of Government Operations, or his or her designee, the Controller, and one member who is appointed by, and serves at the pleasure of, the Governor. Existing law specifies that any reference in statute or regulation to the State Board of Control shall be construed to refer to the California Victim Compensation and Government Claims Board.
end insertbegin insertExisting law establishes, also within the Government Operations Agency, the Department of General Services with various duties providing centralized services for state entities, including, but not limited to, construction and maintenance of state buildings and property, and purchasing, printing, and architectural services.
end insertbegin insertThis bill would generally transfer duties relating to government claims and government accounts from the California Victim Compensation and Government Claims Board to the Department of General Services and the Controller, as specified, and make conforming changes. The bill would rename the board the California Victim Compensation Board and make conforming name changes in provisions related to the board’s remaining duties regarding the compensation of victims and derivative victims of crimes.
end insertbegin insertThe bill would authorize the Department of General Services to assign any matter related to the statutory powers and duties transferred by this bill to the Office of Risk and Insurance Management or to any state office so designated and would require the department to have a seal and to fix that seal to specified documents.
end insertbegin insert(12) Existing law requires that various actions by the Controller affecting state assets be approved by the California Victim Compensation and Government Claims Board. Existing law requires that a decision by a state agency to forgo collection of taxes, licenses, fees, or moneys owed to the state that are $500 or less be approved by the California Victim Compensation and Government Claims Board, as specified.
end insertbegin insertThis bill would remove those requirements to take these actions.
end insertbegin insert(13) Existing law requires claimants to pay a fee for filing certain claims against the state. Existing law requires these fees to be deposited into the General Fund and authorizes their appropriation in support of certain items of the budget.
end insertbegin insertThis bill would instead require those fees to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
end insertbegin insert(14) Existing law authorizes the California Victim Compensation and Government Claims Board to assess a surcharge to a state entity against which an approval claim was filed in an amount not to exceed 15% of the total approved claim.
end insertbegin insertThis bill would repeal that authorization.
end insertbegin insert(15) Existing law requires the costs of administering the California employees’ annual charitable campaign fund drive be paid by the agency that receives the contributions. Existing law requires these amounts to be deposited into the General Fund.
end insertbegin insertThis bill would instead require these amounts to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
end insertbegin insert(16) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. If the commission determines there are costs mandated by the state, existing law requires the commission to determine the amount to be subvened to local agencies and school districts for reimbursement, and in doing so, to adopt parameters and guidelines for reimbursement of any claims. In adopting the parameters and guidelines, existing law authorizes the commission to adopt a reasonable reimbursement methodology, as specified.
end insertbegin insertThis bill would, until July 1, 2019, require a reasonable reimbursement methodology that is based on, in whole or in part, costs that have been included in claims submitted to the Controller for reimbursement to only use costs that have been audited by the Controller, as provided. The bill would also require the Controller, in coordination with the Commission on State Mandates and Department of Finance, by October 1, 2018, to prepare a report to the Legislature regarding implementation of the new reasonable reimbursement process and for the hearings on the report to be held in the appropriate policy committees of the Legislature.
end insertbegin insert(17) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System (board), authorizes the board to contract for health benefit plans for employees and annuitants, as defined. Under PEMHCA, the state and contracting agencies, as defined, are required to contribute amounts sufficient to cover the board’s administrative costs to a specified account in the Public Employees’ Contingency Reserve Fund, expenditure of which is contingent upon approval by the Department of Finance and the Joint Legislative Budget Committee, as specified. Under PEMHCA, moneys from health benefit plans for risk adjustment, reserve moneys from terminated health benefit plans, and self-funded or minimum premium plan premiums are deposited into the Public Employees’ Health Care Fund, which is continuously appropriated to pay benefits and claims costs, administrative costs, refunds, and other costs determined by the board.
end insertbegin insertThis bill would condition the expenditure for administrative expenses of moneys in the Public Employees’ Health Care Fund or the account for administrative expenses in the Public Employees’ Contingency Reserve Fund on approval in the annual Budget Act. The bill would also discontinue the authorization for the use of moneys in the Public Employees’ Health Care Fund to pay other costs determined by the board.
end insertbegin insert(18) Existing law establishes the Joint Rules Committee and authorizes it to take specified actions as an investigatory committee of the Legislature. Existing law requires the Joint Rules Committee to allocate space in the State Capitol Building Annex, with certain exceptions, in accordance with its determination of the needs of the Legislature, as provided. Existing law vests control of the maintenance and operation of the State Capitol Building Annex in the Department of General Services. Existing law provides for the expenditure of funds for the contingent and joint expenses of the Senate and Assembly under or pursuant to the direction of the Joint Rules Committee.
end insertbegin insertThis bill would authorize the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. The bill would require that the work performed pursuant to these provisions be administered and supervised by the Department of General Services, subject to review by the State Public Works Board, pursuant to an agreement with the Joint Rules Committee. The bill would require the Department of General Services to report to the Joint Rules Committee on the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to these provisions. The bill would exempt all work performed by the Department of General Services pursuant to these provisions from the State Contract Act. The bill would require that prevailing wages be paid to all workers employed on a project that is subject to these provisions. The bill would declare the intent of the Legislature regarding capitol building annex projects.
end insertbegin insertExisting law authorizes the Director of General Services, if no other agency is specifically authorized and directed, to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law and imposes various duties on the Department of General Services with respect to the maintenance and operation of state buildings and grounds. Existing law, the State Building Construction Act of 1955, provides for the acquisition and construction of public buildings for use by state agencies by the State Public Works Board, subject to authorization by a separate act or appropriation enacted by the Legislature.
end insertbegin insertThis bill would establish the State Project Infrastructure Fund and continuously appropriate the moneys in that fund for state projects, as defined, and for the report and work described above with respect to a new state capitol building annex or the existing State Capitol Building Annex. The bill would subject the defined state projects to the approval and administrative oversight by the Department of Finance and the State Public Works Board and would require the State Public Works Board to establish the scope, cost, and delivery method for each state project. The bill would require the Department of Finance, on behalf of the Department of General Services, to provide specified notices to the Joint Legislative Budget Committee, including a notice prior to the establishment of the scope, cost, and delivery method by the State Public Works Board describing the scope, budget, delivery method, expected tenants, and schedule for any space to be constructed or renovated for each state project. The bill would also require the Department of General Services to submit, on a quarterly basis, a report on the status of each state project established by the State Public Works Board to the Joint Legislative Budget Committee and to the chairpersons of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, as provided.
end insertbegin insertThe California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of an environmental impact report, referred to as an EIR, on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.
end insertbegin insertA provision of CEQA requires the Judicial Council to adopt a rule of court establishing procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a specified entertainment and sports center project, as provided, or the granting of any project approvals that require the actions or proceedings be resolved, within 270 days of certification of the record of proceedings. Existing law also requires the preparation and certification of the administrative record for that project to comply with certain procedures. Existing law requires the draft and final EIR for that project to each include a notice containing specified information relating to required procedures for judicial actions challenging the certification of the EIR or the approval of a project described in the EIR. Existing law requires the lead agency to conduct an informational public workshop and hold a public hearing on the draft EIR, as provided. Existing law prohibits a court from enjoining the construction or operation of specified components of the entertainment and sports center project unless the court makes specified findings.
end insertbegin insertThis bill would apply similar provisions to the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex, as described above.
end insertbegin insertThis bill would, upon the direction of the Director of Finance, transfer $1,300,000,000 from the General Fund to the State Project Infrastructure Fund. The bill would require that $1,000,000,000 of this money be transferred on or after July 1, 2016, and no later than June 30, 2017, and the remaining $300,000,000 be transferred on or after July 1, 2017.
end insertbegin insert(19) Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law establishes a program to be administered by the commissioner that enables a minor’s parent or guardian, prior to the first employment of a minor performer and under specified conditions, to obtain a temporary permit for the employment of a minor. Existing law requires the commissioner to deposit all fees for temporary permits received into the Entertainment Work Permit Fund, with the funds to be available upon appropriation by the Legislature to pay for the costs of administration of the online temporary minor’s entertainment work permit program.
end insertbegin insertThis bill would require those permit fees and certain other revenues to instead be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the Entertainment Work Permit Fund and transfer moneys in, and assets, liabilities, revenues, expenditures, and encumbrances of, that fund to the Labor Enforcement and Compliance Fund.
end insertbegin insert(20) Existing law requires farm labor contractors to be licensed by the commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law requires farm labor contractors to pay license fees to the commissioner and continuously appropriates a portion of the fee revenues for enforcement and verification purposes. Existing law requires specified amounts of a license fee to be deposited in the Farmworker Remedial Account and expended by the commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit, and the remaining money to be credited to the General Fund.
end insertbegin insertThis bill would require the money not used to fund those units to be paid instead into the Labor Enforcement and Compliance Fund and would make a conforming change.
end insertbegin insert(21) Existing law governs talent agency licensure and establishes specific fees. Existing law requires moneys collected for licenses and fines collected for violations to be paid into the State Treasury and credited to the General Fund.
end insertbegin insertThis bill would instead require that all moneys collected for filing fees and licenses be credited to the Labor Enforcement and Compliance Fund, and that fines collected for violations be credited to the General Fund.
end insertbegin insert(22) Existing law establishes a Child Performer Services Permit program and requires the commissioner to deposit filing fees into the Child Performer Services Permit Fund (permit fund), the revenues of which are available, upon appropriation by the Legislature, to pay for the costs of administering the program.
end insertbegin insertThis bill would require the fees to be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the permit fund and transfer any moneys in the permit fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund to the Labor Enforcement and Compliance Fund.
end insertbegin insert(23) Existing law defines “public works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling and delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to contracts involving any state agency or any political subdivision of the state. Existing law, also requires the entity hauling or delivering ready-mixed concrete to enter into a written subcontract agreement with, and to provide employee payroll and time records to, the party that engaged that entity within 3 days, as specified. Existing law provides that these provisions apply to public works contracts awarded on or after July 1, 2016.
end insertbegin insertThis bill would extend the time to submit employee payroll records to 5 days. The bill would provide that these provisions do not apply to public works contracts advertised for bid or awarded prior to July 1, 2016.
end insertbegin insert(24) Existing law regulates various aspects of the car washing and polishing industry and requires the commissioner to collect a $250 registration fee from employers engaged in the business for each branch location and to periodically adjust the registration fee for inflation to ensure that the fee is sufficient to fund all costs to administer and enforce those provisions. Existing law requires, in addition to that fee, each employer be assessed an annual $50 fee for each branch location to be deposited in the Car Wash Worker Restitution Fund.
end insertbegin insertThis bill would remove the specific amount for the registration fee and would authorize the periodic adjustment of the fee, except as specified, in an amount sufficient to fund all direct and indirect costs to administer and enforce those provisions. The bill would fix the annual fee for deposit in the Car Wash Worker Restitution Fund in an amount equaling 20% of the registration fee.
end insertbegin insert(25) Existing law requires a person employing an industrial homeworker to obtain a valid industrial homework license from the Division of Labor Standards Enforcement, and establishes license and renewal fees, to be paid into the State Treasury. Existing law requires a person doing industrial homework to have a valid homeworker’s permit issued to him or her by the division and sets the fee at $25.
end insertbegin insertThis bill would require those fee and permit moneys to be paid into the Labor Enforcement and Compliance Fund.
end insertbegin insert(26) Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency), on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. Existing law requires notice of the claim from the aggrieved employee to the agency and to the employer by certified mail. Existing law provides that an employee who prevails in an action under these provisions is entitled to recover his or her reasonable attorney’s fees and costs.
end insertbegin insertThis bill would instead require that the notice to the agency be provided online, accompanied by a reasonable filing fee not to exceed a specified amount that would be deposited into the Labor and Workforce Development Fund to cover the administrative costs of processing the notice. The bill would, for cases filed on or after July 1, 2016, extend the timeframe for the agency to notify the employer and employee that it does not intend to investigate the alleged violation. The bill would entitle an employee who prevails in an action under these provisions to also recover his or her filing fees.
end insertbegin insertThis bill would declare the intent of the Legislature that the agency shall continue to assign duties under the Labor Code Private Attorneys General Act of 2004 to entities where those duties are customarily performed.
end insertbegin insertExisting law provides that the court review and approve any penalties sought as a part of a proposed settlement of a claim.
end insertbegin insertThis bill would require the proposed settlement agreement to be also sent to the agency. This bill would, until July 1, 2021, authorize the agency to extend the time to complete its investigation by 60 days when the agency determines an extension is necessary and issues a notice, as specified.
end insertbegin insert(27) Existing law requires the Division of Occupational Safety and Health to require a permit for specific types of construction, demolition, and work in mines and tunnels, and requires an employer or contractor who engages in certain asbestos-related work to register with the division. Existing law requires the division to set fees for permits in an amount reasonably necessary to cover the costs involved in investigating and issuing such permits.
end insertbegin insertThis bill would require the division to set the fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs and would require all permit and registration fees collected to be deposited in the Occupational Safety and Health Fund.
end insertbegin insert(28) Existing law governs the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of specific conveyances and their associated parts. Existing law establishes certification and licensing programs for inspectors, companies, and mechanics, and for conveyance inspection and permitting programs, with fees established by the Division of Occupational Safety and Health based on prescribed costs to the division.
end insertbegin insertThis bill would revise those provisions to require the fees to be based on costs to the division of administering those programs, including direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions.
end insertbegin insert(29) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for aerial passenger tramways. Existing law authorizes the division to fix fees for inspection as it deems necessary to cover the actual cost of having the inspection performed by a division safety engineer. Existing law prohibits the division from charging for inspections performed by certified insurance inspectors, but authorizes a fee of not more than $10 to cover the cost of processing the permit when issued by the division as a result of the inspection. Fees collected by the division are deposited into the Elevator Safety Account to support the program.
end insertbegin insertThis bill would remove the term “aerial” in those provisions and would instead refer only to “passenger tramways.” The bill would require the division to fix and collect fees for inspection of passenger tramways to cover direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions. The bill would remove the cap on the processing fee. The bill would require those fees to be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account, and would transfer specific moneys in the Elevator Safety Account to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund attributable to the program, the portable amusement ride inspection program, and the Permanent Amusement Ride Safety Inspection Program.
end insertbegin insert(30) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for tower cranes. Existing law requires the division to set fees for permits sufficient to cover prescribed program costs. Existing law authorizes the division to collect fees for the examination and licensing of crane certifiers as necessary to cover actual costs of administration. Fees collected by the division under those provisions are deposited into the General Fund.
end insertbegin insertThis bill would require the division to collect those crane certifier fees, would require all the above fees to be set to cover the costs of administering the above provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
end insertbegin insert(31) Existing law authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for specified services relating to tanks, boilers, and pressure vessels. Under existing law, inspection fees collected are paid into the Pressure Vessel Account.
end insertbegin insertThis bill would remove an existing $15 cap on a permit processing fee, and would require all fees relating to tanks, boilers, and pressure vessels to be in amounts sufficient to cover the division’s direct and indirect costs for administering these provisions. The bill would expand the fees paid into the Pressure Vessel Account to include all fees collected under those tank, boiler, and pressure vessel provisions.
end insertbegin insert(32) Existing law, the Amusement Rides Safety Law, authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for inspection and permitting of amusement rides. Fees collected under those provisions are deposited into the Elevator Safety Account. Existing law requires the division to submit an annual report on amusement ride safety to the Division of Fairs and Expositions within the Department of Food and Agriculture (DFA), including route location information submitted by permit applicants.
end insertbegin insertThe bill would require the division to set fees relating to amusement rides, initially by emergency regulation, in amounts necessary to cover costs for administering those provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account. The bill would require the division to post the amusement ride safety report on its Internet Web site instead of submitting it to the DFA, and would make the inclusion of route location information discretionary.
end insertbegin insert(33) Existing law establishes the Permanent Amusement Ride Safety Inspection Program, which authorizes the Division of Occupational Safety to fix and collect fees to cover the costs of administering the program, and fees collected are deposited in the Elevator Safety Account.
end insertbegin insertThis bill would require the division to collect those fees and include direct and reasonable indirect costs for administration. The bill would require the division to impose a penalty equal to 100% of the initial fee if a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under the program within 60 days after the date of notification by the division. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
end insertbegin insert(34) Existing law establishes licensing and certification provisions relating to tunnel and mine safety for explosive blasters, gas testers, and safety representatives administered by the Division of Occupational Safety and Health. Those provisions set fees for licensure and renewals. Existing law requires those fees to be deposited in the General Fund.
end insertbegin insertThis bill would revise those provisions to require the division to set fees to include direct costs and a reasonable percentage attributable to the indirect costs of the division for administration, and to deposit those fees in the Occupational Safety and Health Fund.
end insertbegin insert(35) Under existing law relating to the certification of asbestos consultants and site surveillance technicians, fees authorized to be collected by the Division of Occupational Safety and Health, as provided, are deposited in accounts within the Asbestos Training and Consultant Certification Fund.
end insertbegin insertThis bill would require the division to collect those fees and require that fees be deposited in the Occupational Safety and Health Fund instead of the Asbestos Training and Consultant Certification Fund, which latter fund the bill would abolish.
end insertbegin insert(36) Existing law requires the Division of Occupational Safety and Health to inspect the operation of the rides at a permanent amusement park annually. Existing law requires operators to submit to the division an annual certificate of compliance, including a prescribed declaration by a qualified safety inspector, and to maintain prescribed records and make them available for inspection by the division. Existing law requires the division to conduct an inspection of the operation of the rides in conjunction with an inspection of records.
end insertbegin insertThis bill would exempt the division from that requirement to conduct an operational inspection of a ride in conjunction with an inspection of records if a qualified safety inspector employed by the division has already inspected the operation of the ride in connection with the execution of the current annual certificate of compliance.
end insertbegin insert(37) Existing law allows a credit against the taxes imposed under the Corporation Tax Law and the Personal Income Tax Law for each taxable year beginning on or after January 1, 2014, and before January 1, 2025, in an amount as provided in a written agreement between the Governor’s Office of Business and Economic Development and the taxpayer, agreed upon by the California Competes Tax Credit Committee, and based on specified factors, including the number of jobs the taxpayer will create or retain in the state and the amount of investment in the state by the taxpayer. Existing law limits the aggregate amount of credits allocated to taxpayers to a specified sum per fiscal year.
end insertbegin insertThis bill would authorize the Governor’s Office of Business and Economic Development, when determining whether to enter into a written agreement with a taxpayer, to consider additional factors including, but not limited to, the financial solvency of the taxpayer and the taxpayer’s compliance with state and federal laws. The bill would also state the legislative intent relating to this bill.
end insertbegin insert(38) Existing law, the Corporation Tax Law, for taxable years beginning on or after January 1, 2015, and before January 1, 2030, allows, with regard to the manufacture of a new advanced strategic aircraft for the United States Air Force, a credit against the taxes imposed under that law in an amount equal to a specified percentage of qualified wages paid or incurred with respect to qualified full-time employees, as multiplied by an annual full-time equivalent ratio, by the qualified taxpayer. Existing law defines a “qualified taxpayer” as a prime contractor or a major first-tier contractor awarded a contract related to the New Advanced Strategic Aircraft Program. The contract was awarded in 2016 to a qualified taxpayer that is a prime contractor, and no other taxpayers are qualified taxpayers, as defined, under that contract.
end insertbegin insertThis bill would allow the above-described credit for taxable years beginning on or after January 1, 2016, and before January 1, 2031, as the New Advanced Strategic Aircraft Program contract was awarded in 2016.
end insertbegin insert(39) Existing law, federal Workforce Innovation and Opportunity Act, provides for workforce investment activities, including activities in which states may participate. Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system.
end insertbegin insertExisting law requires the Director of Employment Development to permit information in his or her possession to be used for specified purposes, including to assist various state agencies to perform specified duties.
end insertbegin insertThis bill would require the director to permit the use of information in his or her possession to enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, Division of Apprenticeship Standards, and the Employment Training Panel to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes.
end insertbegin insert(40) Existing law requires the California Workforce Development Board to assist the Governor in developing and updating comprehensive state performance accountability measures to assess the effectiveness of core programs in the state. As part of that process, existing law authorizes the State Department of Education to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented. Existing law requires the State Department of Education to keep this information confidential.
end insertbegin insertThis bill would authorize the State Department of Education to share the social security numbers of adults participating in adult education programs with the Employment Development Department, and would require the Employment Development Department to keep the information confidential and only use it to track the labor market progress of program participants, as specified.
end insertbegin insert(41) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insert(42) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 655 of the end insertbegin insertBusiness and Professions Codeend insert
2
begin insert is amended to read:end insert
(a) For the purposes of this section, the following terms
4have the following meanings:
5(1) “Health plan” means a health care service plan licensed
6pursuant to the Knox-Keene Health Care Service Plan Act of 1975
7(Chapter 2.2 (commencing with Section 1340) of Division 2 of
8the Health and Safety Code).
9(2) “Optical company” means a person or entity that is engaged
10in the manufacture, sale, or distribution to physicians and surgeons,
11optometrists, health plans, or dispensing opticians of lenses, frames,
12optical supplies, or optometric appliances or devices or kindred
13products.
14(3) “Optometrist” means a person licensed pursuant to Chapter
157
(commencing with Section 3000) or an optometric corporation,
16as described in Section 3160.
17(4) “Registered dispensing optician” means a person licensed
18pursuant to Chapter 5.5 (commencing with Section 2550).
19(5) “Therapeutic ophthalmic product” means lenses or other
20products that provide direct treatment of eye disease or visual
21rehabilitation for diseased eyes.
P22 1(b) No optometrist may have any membership, proprietary
2interest, coownership, or any profit-sharing arrangement, either
3by stock ownership, interlocking directors, trusteeship, mortgage,
4or trust deed, with any registered dispensing optician or any optical
5company, except as otherwise permitted under this section.
6(c) (1) A registered dispensing optician or an optical
company
7may operate, own, or have an ownership interest in a health plan
8so long as the health plan does not directly employ optometrists
9to provide optometric services directly to enrollees of the health
10plan, and may directly or indirectly provide products and services
11to the health plan or its contracted providers or enrollees or to other
12optometrists. For purposes of this section, an optometrist may be
13employed by a health plan as a clinical director for the health plan
14pursuant to Section 1367.01 of the Health and Safety Code or to
15perform services related to utilization management or quality
16assurance or other similar related services that do not require the
17optometrist to directly provide health care services to enrollees.
18In addition, an optometrist serving as a clinical director may not
19employ optometrists to provide health care services to enrollees
20of the health plan for which the optometrist is serving as clinical
21director. For the purposes of this section, the health plan’s
22utilization
management and quality assurance programs that are
23consistent with the Knox-Keene Health Care Service Plan Act of
241975 (Chapter 2.2 (commencing with Section 1340) of Division
252 of the Health and Safety Code) do not constitute providing health
26care services to enrollees.
27(2) The registered dispensing optician or optical company shall
28not interfere with the professional judgment of the optometrist.
29(3) The Department of Managed Health Care shall forward to
30the State Board of Optometry any complaints received from
31consumers that allege that an optometrist violated the Optometry
32Practice Act (Chapter 7 (commencing with Section 3000)). The
33Department of Managed Health Care and the State Board of
34Optometry shall enter into an Inter-Agency Agreement regarding
35the sharing of information related to the services provided by an
36optometrist that may be in violation of the Optometry Practice
Act
37that the Department of Managed Health Care encounters in the
38course of the administration of the Knox-Keene Health Care
39Service Plan Act of 1975 (Chapter 2.2 (commencing with section
401340) of Division 2 of the Health and Safetybegin delete Code.end deletebegin insert
Code).end insert
P23 1(d) An optometrist, a registered dispensing optician, an optical
2company, or a health plan may execute a lease or other written
3agreement giving rise to a direct or indirect landlord-tenant
4relationship with an optometrist, if all of the following conditions
5are contained in a written agreement establishing the
6landlord-tenant relationship:
7(1) (A) The practice shall be owned by the optometrist and in
8every phase be under the optometrist’s exclusive control, including
9the selection and supervision of optometric staff, the scheduling
10of patients, the amount of time the optometrist spends with patients,
11fees charged for optometric products and services, the examination
12procedures and treatment provided to patients and the optometrist’s
13contracting with managed care organizations.
14(B) Subparagraphbegin delete Aend deletebegin insert
(A)end insert shall not preclude a lease from including
15commercially reasonable terms that: (i) require the provision of
16optometric services at the leased space during certain days and
17hours, (ii) restrict the leased space from being used for the sale or
18offer for sale of spectacles, frames, lenses, contact lenses, or other
19ophthalmic products, except that the optometrist shall be permitted
20to sell therapeutic ophthalmic products if the registered dispensing
21optician, health plan, or optical company located on or adjacent
22to the optometrist’s leased space does not offer any substantially
23similar therapeutic ophthalmic products for sale, (iii) require the
24optometrist to contract with a health plan network, health plan, or
25health insurer, or (iv) permit the landlord to directly or indirectly
26provide furnishings and equipment in the leased space.
27(2) The optometrist’s records shall be the sole property of the
28
optometrist. Only the optometrist and those persons with written
29authorization from the optometrist shall have access to the patient
30records and the examination room, except as otherwise provided
31by law.
32(3) The optometrist’s leased space shall be definite and distinct
33from space occupied by other occupants of the premises, have a
34sign designating that the leased space is occupied by an
35independent optometrist or optometrists and be accessible to the
36optometrist after hours or in the case of an emergency, subject to
37the facility’s general accessibility. This paragraph shall not require
38a separate entrance to the optometrist’s leased space.
39(4) All signs and displays shall be separate and distinct from
40that of the other occupants and shall have the optometrist's name
P24 1and the word “optometrist” prominently displayed in connection
2therewith. This paragraph shall not prohibit the
optometrist from
3advertising the optometrist’s practice location with reference to
4other occupants or prohibit the optometrist or registered dispensing
5optician from advertising their participation in any health plan’s
6network or the health plan’s products in which the optometrist or
7registered dispensing optician participates.
8(5) There shall be no signs displayed on any part of the premises
9or in any advertising indicating that the optometrist is employed
10or controlled by the registered dispensing optician, health plan or
11optical company.
12(6) Except for a statement that an independent doctor of
13optometry is located in the leased space, in-store pricing signs and
14as otherwise permitted by this subdivision, the registered
15dispensing optician or optical company shall not link its advertising
16with the optometrist's name, practice, or fees.
17(7) Notwithstanding paragraphs (4) and (6), this subdivision
18shall not preclude a health plan from advertising its health plan
19products and associated premium costs and any copayments,
20coinsurance, deductibles, or other forms of cost-sharing, or the
21names and locations of the health plan’s providers, including any
22optometrists or registered dispensing opticians that provide
23professional services, in compliance with the Knox-Keene Health
24Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
25Section 1340) of Division 2 of the Health and Safety Code).
26(8) A health plan that advertises its products and services in
27accordance with paragraph (7) shall not advertise the optometrist’s
28fees for products and services that are not included in the health
29plan’s contract with the optometrist.
30(9) The optometrist shall not be
precluded from collecting fees
31for services that are not included in a health plan’s products and
32services, subject to any patient disclosure requirements contained
33in the health plan’s provider agreement with the optometrist or
34that are not otherwise prohibited by the Knox-Keene Health Care
35Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
361340) of Division 2 of the Health and Safety Code).
37(10) The term of the lease shall be no less than one year and
38shall not require the optometrist to contract exclusively with a
39health plan. The optometrist may terminate the lease according to
P25 1the terms of the lease. The landlord may terminate the lease for
2the following reasons:
3(A) The optometrist’s failure to maintain a license to practice
4optometry or the imposition of restrictions, suspension or
5revocation of the optometrist’s license or if the optometrist or the
6
optometrist’s employee is or becomes ineligible to participate in
7state or federal government-funded programs.
8(B) Termination of any underlying lease where the optometrist
9has subleased space, or the optometrist’s failure to comply with
10the underlying lease provisions that are made applicable to the
11optometrist.
12(C) If the health plan is the landlord, the termination of the
13provider agreement between the health plan and the optometrist,
14in accordance with the Knox-Keene Health Care Service Plan Act
15of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
162 of the Health and Safety Code).
17(D) Other reasons pursuant to the terms of the lease or permitted
18under the Civil Code.
19(11) The landlord shall act in good faith in terminating the lease
20and
in no case shall the landlord terminate the lease for reasons
21that constitute interference with the practice of optometry.
22(12) Lease or rent terms and payments shall not be based on
23number of eye exams performed, prescriptions written, patient
24referrals or the sale or promotion of the products of a registered
25dispensing optician or an optical company.
26(13) The landlord shall not terminate the lease solely because
27of a report, complaint, or allegation filed by the optometrist against
28the landlord, a registered dispensing optician or a health plan, to
29the State Board of Optometry or the Department of Managed
30Health Care or any law enforcement or regulatory agency.
31(14) The landlord shall provide the optometrist with written
32notice of the scheduled expiration date of a lease at least 60 days
33prior to the scheduled
expiration date. This notice obligation shall
34not affect the ability of either party to terminate the lease pursuant
35to this section. The landlord may not interfere with an outgoing
36optometrist’s efforts to inform the optometrist’s patients, in
37accordance with customary practice and professional obligations,
38of the relocation of the optometrist's practice.
39(15) The State Board of Optometry may inspect, upon request,
40an individual lease agreement pursuant to its investigational
P26 1authority, and if such a request is made, the landlord or tenant, as
2applicable, shall promptly comply with the request. Failure or
3refusal to comply with the request for lease agreements within 30
4days of receiving the request constitutes unprofessional conduct
5and is grounds for disciplinary action by the appropriate regulatory
6agency.begin delete Only personal information as defined in Section 1798.3
This section shall not affect the Department of
7of the Civil Code may be redacted prior to submission of the lease
8or agreement.end delete
9Managed Health Care’s authority to inspect all books and records
10of a health plan pursuant to Section 1381 of the Health and Safety
11Code.
12Any financial information contained in the lease submitted to a
13regulatory entity, pursuant to this paragraph, shall be considered
14confidential trade secret information that is exempt from disclosure
15under the California Public Records Act (Chapter 3.5 (commencing
16with Section 6250) of Division 7 of Title 1 of the Government
17Code).
18(16) This subdivision shall not be applicable to the relationship
19between any optometrist employee and the employer medical
20group, or the relationship between a medical group exclusively
21contracted with a health plan regulated by the Department of
22Managed Health Care and that health plan.
23(e) No registered
dispensing optician may have any membership,
24proprietary interest, coownership, or profit sharing arrangement
25either by stock ownership, interlocking directors, trusteeship,
26mortgage, or trust deed, with an optometrist, except as permitted
27under this section.
28(f) Nothing in this section shall prohibit a person licensed under
29Chapter 5 (commencing with Section 2000) or its professional
30corporation from contracting with or employing optometrists,
31ophthalmologists, or optometric assistants and entering into a
32contract or landlord tenant relationship with a health plan, an
33optical company, or a registered dispensing optician, in accordance
34with Sections 650 and 654 of this code.
35(g) Any violation of this section constitutes a misdemeanor as
36to such person licensed under Chapter 7 (commencing with Section
373000) of this division and as to any and all persons, whether or
38not so licensed
under this division, who participate with such
39licensed person in a violation of any provision of this section.
P27 1
(h) (1) Notwithstanding any other law and in addition to any
2action available to the State Board of Optometry, the State Board
3of Optometry may issue a citation containing an order of
4abatement, an order to pay an administrative fine, or both, to an
5optical company, an optometrist, or a registered dispensing
6optician for a violation of this section. The administrative fine
7shall not exceed fifty thousand dollars ($50,000). In assessing the
8amount of the fine, the board shall give due consideration to all
9of the following:
10
(A) The gravity of the violation.
11
(B) The good faith of the cited person or entity.
12
(C) The history of previous violations of the same or similar
13nature.
14
(D) Evidence that the violation was or was not willful.
15
(E) The extent to which the cited person or entity has cooperated
16with the board’s investigation.
17
(F) The extent to which the cited person or entity has mitigated
18or attempted to mitigate any damage or injury caused by the
19violation.
20
(G) Any other factors as justice may require.
21
(2) A citation or fine assessment issued pursuant to a citation
22shall inform the cited person or entity that if a
hearing is desired
23to contest the finding of a violation, that hearing shall be requested
24by written notice to the board within 30 days of the date of issuance
25of the citation or assessment. If a hearing is not requested pursuant
26to this section, payment of any fine shall not constitute an
27admission of the violation charged. Hearings shall be held pursuant
28to Chapter 5 (commencing with Section 11500) of Part 1 of
29Division 3 of Title 2 of the Government Code.
30
(3) The board shall adopt regulations to implement a system
31for the issuance of citations, administrative fines, and orders of
32abatement authorized by this section. The regulations shall include
33provisions for both of the following:
34
(A) The issuance of a citation without an administrative fine.
35
(B) The opportunity for a cited person or entity to have an
36informal
conference with the executive officer of the board in
37addition to the hearing described in paragraph (2).
38
(4) The failure of a licensee to pay a fine within 30 days of the
39date of assessment, unless the citation is being appealed, may
40result in disciplinary action being taken by the board. Where a
P28 1citation is not contested and a fine is not paid, the full amount of
2the assessed fine shall be added to the fee for renewal of the
3license. A license shall not be renewed without payment of the
4renewal fee and fine.
5
(5) Notwithstanding any other law, if a fine is paid to satisfy an
6assessment based on the finding of a violation, payment of the fine
7shall be represented as satisfactory resolution of the matter for
8purposes of public disclosure.
9
(i) Administrative fines collected pursuant to this section shall
10be deposited
in the Dispensing Opticians Fund. It is the intent of
11the Legislature that moneys collected as fines and deposited in the
12fund be used by the board primarily for enforcement purposes.
begin insertSection 2556.1 of the end insertbegin insertBusiness and Professions Codeend insert
14
begin insert is amended to read:end insert
All licensed optometristsbegin delete in a setting with a registered begin insert and registered dispensing opticians who are
16dispensing opticianend delete
17in a colocated settingend insert shall report the business relationship to the
18State Board of Optometry, as determined by the board. The State
19Board of Optometry shall have the authority to inspect any
20premises at which the business of a registered dispensing optician
21isbegin delete co-locatedend deletebegin insert colocatedend insert with the practice of an optometrist, for the
22purposes of determining
compliance with Section 655. The
23inspection may include the review of any written lease agreement
24between the registered dispensing optician and the optometrist or
25between the optometrist and the health plan. Failure to comply
26with the inspection or any request for information by the board
27may subject the party to disciplinary action. The board shall
28provide a copy of its inspection results, if applicable, to the
29Department of Managed Health Care.
begin insertSection 2556.2 of the end insertbegin insertBusiness and Professions Codeend insert
31
begin insert is amended to read:end insert
(a) Notwithstanding any other law, subsequent to the
33effective date of this section and until January 1, 2019, any
34individual, corporation, or firm operating as a registered dispensing
35optician under this chapter before the effective date of this section,
36or an employee of such an entity, shall not be subject to any action
37for engaging in conduct prohibited by Section 2556 or Section 655
38as those sections existed prior to the effective date of this bill,
39except that a registrant shall be subject to discipline for duplicating
P29 1or changing lenses without a prescription or order from a person
2duly licensed to issue the same.
3(b) Nothing in this section shall be construed to imply or suggest
4that a person registered under this chapter is in violation of or in
5
compliance with the law.
6(c) This section shall not apply to any business relationships
7prohibited by Section 2556 commencing registration or operations
8on or after the effective date of this section.
9(d) Subsequent to the effective date of this section and until
10January 1, 2019, nothing in this section shall prohibit an individual,
11corporation, or firm operating as a registered dispensing optician
12from engaging in a business relationship with an optometrist
13licensed pursuant to Chapter 7 (commencing with Section 3000)
14before the effective date of this section at locations registered with
15the Medical Board of California before the effective date of this
16section.
17(e) This section does not apply to any administrative action
18pending, litigation pending, cause for discipline, or cause of action
19accruing prior to
September 1, 2015.
20(f) Anybegin delete health plan, as defined in Section 655,end deletebegin insert
registered
21dispensing optician or optical company that owns a health plan
22that employs optometrists,end insert subject to thisbegin delete sectionend deletebegin insert section,end insert shall
23
begin delete report to the State Board of Optometry in writing that (1)end deletebegin insert comply
24with the following milestones:end insert
25begin insert(1)end insertbegin insert end insertbegin insertBy January 1, 2017, end insert15 percent of its locationsbegin insert
shallend insert no
26longer employ anbegin delete optometrist by January 1, 2017, (2)end deletebegin insert optometrist.end insert
27begin insert(2)end insertbegin insert end insertbegin insertBy August 1, 2017, end insert45 percent of its locationsbegin insert shallend insert no longer
28employ anbegin delete optometrist by August 1, 2017, and (3)end deletebegin insert optometrist.end insert
29begin insert(3)end insertbegin insert end insertbegin insertBy January 1, 2019, end insert100 percent of its locationsbegin insert shallend insert no
30longer employ anbegin delete optometrist by January 1, 2019. The board shall
31provide those reports as soon as it receives them to the director
32and the Legislature. The report to the Legislature shall be submitted
33in compliance with Section 9795 of the Government Code.end delete
34
begin insert optometrist.end insert
35
(g) Any registered dispensing optician or optical company that
36owns a
health plan that employs optometrists shall report to the
37State Board of Optometry in writing as to whether it has met each
38of the milestones in subdivision (f) within 30 days of each
39milestone. The State Board of Optometry shall provide those
40reports as soon as it receives them to the director and the
P30 1Legislature. The report to the Legislature shall be submitted in
2compliance with Section 9795 of the Government Code.
3
(h) (1) Notwithstanding any other law and in addition to any
4action available to the State Board of Optometry, the State Board
5of Optometry may issue a citation containing an order of
6abatement, an order to pay an administrative fine, or both, to an
7optical company, an optometrist, or a registered dispensing
8optician for a violation of this section. The administrative fine
9shall not exceed fifty
thousand dollars ($50,000). In assessing the
10amount of the fine, the board shall give due consideration to all
11of the following:
12
(A) The gravity of the violation.
13
(B) The good faith of the cited person or entity.
14
(C) The history of previous violations of the same or similar
15nature.
16
(D) Evidence that the violation was or was not willful.
17
(E) The extent to which the cited person or entity has cooperated
18with the board’s investigation.
19
(F) The extent to which the cited person or entity has mitigated
20or attempted to
mitigate any damage or injury caused by the
21violation.
22
(G) Any other factors as justice may require.
23
(2) A citation or fine assessment issued pursuant to a citation
24shall inform the cited person or entity that if a hearing is desired
25to contest the finding of a violation, that hearing shall be requested
26by written notice to the board within 30 days of the date of issuance
27of the citation or assessment. If a hearing is not requested pursuant
28to this section, payment of any fine shall not constitute an
29admission of the violation charged. Hearings shall be held pursuant
30to Chapter 5 (commencing with Section 11500) of Part 1 of
31Division 3 of Title 2 of the Government Code.
32
(3) The board shall adopt regulations to implement a system
33for the issuance of citations, administrative fines, and orders of
34abatement authorized by
this section. The regulations shall include
35provisions for both of the following:
36
(A) The issuance of a citation without an administrative fine.
37
(B) The opportunity for a cited person or entity to have an
38informal conference with the executive officer of the board in
39addition to the hearing described in paragraph (2).
P31 1
(4) The failure of a licensee to pay a fine within 30 days of the
2date of assessment, unless the citation is being appealed, may
3result in disciplinary action being taken by the board. Where a
4citation is not contested and a fine is not paid, the full amount of
5the assessed fine shall be added to the fee for renewal of the
6license. A license shall not be renewed without payment of the
7renewal fee and fine.
8
(5) Notwithstanding any other
law, if a fine is paid to satisfy an
9assessment based on the finding of a violation, payment of the fine
10shall be represented as satisfactory resolution of the matter for
11purposes of public disclosure.
12
(i) Administrative fines collected pursuant to this section shall
13be deposited in the Dispensing Opticians Fund. It is the intent of
14the Legislature that moneys collected as fines and deposited in the
15fund be used by the board primarily for enforcement purposes.
begin insertSection 3010.5 of the end insertbegin insertBusiness and Professions Codeend insert
17
begin insert is amended to read:end insert
(a) There is in the Department of Consumer Affairs
19a State Board of Optometry in which the enforcement of this
20chapter is vested. The board consists of 11 members, five of whom
21shall be public members and one of the nonpublic members shall
22be an individual registered as a dispensingbegin delete optician.end deletebegin insert optician,
23spectacle lens dispenser, or contact lens dispenser.end insert The registered
24dispensingbegin delete opticianend delete member shall be registered pursuant to Chapter
255.5. (commencing with Section 2550) and in good standing with
26the board.
27Six members of the board shall constitute a quorum.
28(b) The board shall, with respect to conducting investigations,
29inquiries, and disciplinary actions and proceedings, have the
30authority previously vested in the board as created pursuant to
31former Section 3010. The board may enforce any disciplinary
32actions undertaken by that board.
33(c) This section shall remain in effect only until January 1, 2018,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2018, deletes or extends that date.
36Notwithstanding any other law, the repeal of this section renders
37the board subject to review by the appropriate policy committees
38of the Legislature.
P32 1
(d) The amendments to this section by the act adding this
2
subdivision shall apply to appointments made on or after January
31, 2016.
begin insertSection 3011 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
5amended to read:end insert
begin insert(a)end insertbegin insert end insertMembers of the board, except the public members
7and the registered dispensingbegin delete opticianend delete member, shall be appointed
8only from persons who are registered optometrists of the State of
9California and actually engaged in the practice of optometry at the
10time of appointment or who are members of the faculty of a school
11of optometry. The public members shall not be a licentiate of the
12board or of any other board under this division or of any board
13referred to in Sections 1000 and 3600.
14No person except the registered dispensingbegin delete opticianend delete
member,
15including the public members, shall be eligible to membershipbegin delete inend delete
16begin insert onend insert the board who is a stockholder in or owner of or a member of
17the board of trustees of any school of optometry or who shall be
18financially interested, directly or indirectly, in any concern
19manufacturing or dealing in optical supplies at wholesale.
20No person shall serve as a member of the board for more than
21two consecutive terms.
22A member of the faculty of a school of optometry may be
23appointed to the board; however, no more than two faculty
24members of schools of optometry may be on the board at any one
25time. Faculty members of the board shall not serve as public
26members.
27
(b) The amendments to this section by the act adding this
28subdivision shall apply to appointments made on or after January
291, 2016.
begin insertSection 3013 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert
(a) Each member of the board shall hold office for a
33term of four years, and shall serve until the appointment and
34qualification of his or her successor or until one year shall have
35elapsed since the expiration of the term for which he or she was
36appointed, whichever first occurs.
37(b) Vacancies occurring shall be filled by appointment for the
38unexpired term.
39(c) The Governor shall appoint three of the public members,
40five members qualified as provided in Section 3011, and the
P33 1registered dispensingbegin delete opticianend delete member as provided in Section
23010.5. The Senate Committee on Rules and the Speaker of the
3Assembly shall each
appoint a public member.
4(d) No board member serving between January 1, 2000, and
5June 1, 2002, inclusive, shall be eligible for reappointment.
6(e) For initial appointments made on or after January 1, 2003,
7one of the public members appointed by the Governor and two of
8the professional members shall serve terms of one year. One of
9the public members appointed by the Governor and two of the
10professional members shall serve terms of three years. The
11remaining public member appointed by the Governor and the
12remaining two professional members shall serve terms of four
13years. The public members appointed by the Senate Committee
14on Rules and the Speaker of the Assembly shall each serve for a
15term of four years.
16(f) The initial appointment of a registered dispensingbegin delete opticianend delete
17begin insert
optician, spectacle lens dispenser, or contact lens dispenserend insert
18 member shall replace the optometrist member whose term expired
19on June 1, 2015.
20
(g) The amendments to this section by the act adding this
21subdivision shall apply to appointments made on or after January
221, 2016.
begin insertSection 3020 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
24amended to read:end insert
(a) There shall be established under the State Board of
26Optometry a dispensing optician committee to advise and make
27recommendations to the board regarding the regulation ofbegin delete aend delete
28 dispensingbegin delete opticiansend deletebegin insert opticians, spectacle lens dispensers, and
29contact lens dispensers, registeredend insert pursuant to Chapter 5.5
30(commencing with Section 2550). The committee shall consist of
31five members,begin delete twoend deletebegin insert oneend insert
of whom shall bebegin insert aend insert registered dispensing
32begin delete opticians,end deletebegin insert optician registered pursuant to Chapter 5.5 (commencing
33with Section 2550), one of whom shall be a spectacle lens dispenser
34or contact lens dispenser registered pursuant to Chapter 5.5
35(commencing with Section 2550),end insert two of whom shall be public
36members, and one of whom shall be a member of the board. Initial
37appointments to the committee shall be made by the board. The
38board shall stagger the terms of the initial members appointed.
39The filling of vacancies on the committee shall be made by the
40board upon recommendations by the committee.
P34 1(b) The committee shall be responsible for:
2(1) Recommending registration standards and criteria for the
3registration of dispensingbegin delete opticians.end deletebegin insert opticians, nonresident contact
4lens sellers, spectacle lens dispensers, and contact lens dispensers.end insert
5(2) Reviewing of the disciplinary guidelines relating to registered
6dispensingbegin delete opticians.end deletebegin insert opticians, nonresident contact lens sellers,
7spectacle lens dispensers, and contact lens dispensers.end insert
8(3) Recommending to the board changes or
additions to
9regulations adopted pursuant to Chapter 5.5 (commencing with
10Section 2550).
11(4) Carrying out and implementing all responsibilities and duties
12imposed upon it pursuant to this chapter or as delegated to it by
13the board.
14(c) The committee shall meet at least twice a year and as needed
15in order to conduct its business.
16(d) Recommendations by the committee regarding scope of
17practice or regulatory changes or additions shall be approved,
18modified, or rejected by the board within 90 days of submission
19of the recommendation to the board. If the board rejects or
20significantly modifies the intent or scope of the recommendation,
21the committee may request that the board provide its reasons in
22writing for rejecting or significantly modifying the
23recommendation, which shall be provided by the board within 30
24days of
the request.
25(e) After the initial appointments by the board pursuant to
26subdivision (a), the Governor shall appoint the registered
27dispensing optician members and the public members. The
28committee shall submit a recommendation to the board regarding
29which board member should be appointed to serve on the
30committee, and the board shall appoint the member to serve.
31Committee members shall serve a term of four years except for
32the initial staggered terms. A member may be reappointed, but no
33person shall serve as a member of the committee for more than
34two consecutive terms.
35
(f) The amendments to this section by the act adding this
36subdivision apply as of January 1, 2016.
begin insertSection 846.1 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) Except as provided in subdivision (c), an owner of
39any estate or interest in real property, whether possessory or
40nonpossessory, who gives permission to the public for entry on or
P35 1use of the real property pursuant to an agreement with a public or
2nonprofit agency for purposes of recreational trail use, and is a
3defendant in a civil action brought by, or on behalf of, a person
4who is allegedly injured or allegedly suffers damages on the real
5property, may present a claim to thebegin delete California Victim begin insert Department of
6Compensation and Government Claims Boardend delete
7General Servicesend insert for reasonable attorney’s
fees incurred in this
8civil action if any of the following occurs:
9(1) The court has dismissed the civil action upon a demurrer or
10motion for summary judgment made by the owner or upon its own
11motion for lack of prosecution.
12(2) The action was dismissed by the plaintiff without any
13payment from the owner.
14(3) The owner prevails in the civil action.
15(b) Except as provided in subdivision (c), a public entity, as
16defined in Section 831.5 of the Government Code, that gives
17permission to the public for entry on or use of real property for a
18recreational purpose, as defined in Section 846, and is a defendant
19in a civil action brought by, or on behalf of, a person who is
20allegedly injured or allegedly suffers damages on the real property,
21may present a claim
to thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert for
22Government Claims Boardend delete
23reasonable attorney’s fees incurred in this civil action if any of the
24following occurs:
25(1) The court has dismissed the civil action upon a demurrer or
26motion for summary judgment made by this public entity or upon
27its own motion for lack of prosecution.
28(2) The action was dismissed by the plaintiff without any
29payment from the public entity.
30(3) The public entity prevails in the civil action.
31(c) An owner of any estate or interest in real property, whether
32possessory or nonpossessory, or a public entity, as defined in
33Section 831.5 of the Government Code, that gives permission to
34the public for entry on, or use of, the real property for a recreational
35purpose, as defined in
Section 846, pursuant to an agreement with
36a public or nonprofit agency, and is a defendant in a civil action
37brought by, or on behalf of, a person who seeks to restrict, prevent,
38or delay public use of that property, may present a claim to the
39begin delete California Victim Compensation and Government Claims Boardend delete
P36 1begin insert Department of General Servicesend insert for reasonable attorney’s fees
2incurred in the civil action if any of the following occurs:
3(1) The court has dismissed the civil action upon a demurrer or
4motion for summary judgment made by the owner or public entity
5or upon its own motion for lack of prosecution.
6(2) The action was dismissed by the plaintiff without any
7payment from the owner or public
entity.
8(3) The owner or public entity prevails in the civil action.
9(d) Thebegin delete California Victim Compensation and Government begin insert
Department of General Servicesend insert shall allow the
10Claims Boardend delete
11claim if the requirements of this section are met. The claim shall
12be paid from an appropriation to be made for that purpose.
13Reasonable attorney’s fees, for purposes of this section, may not
14exceed an hourly rate greater than the rate charged by the Attorney
15General at the time the award is made, and may not exceed an
16aggregate amount of twenty-five thousand dollars ($25,000). This
17subdivision shall not apply if a public entity has provided for the
18defense of this civil action pursuant to Section 995 of the
19Government Code. This subdivision shall also not apply if an
20owner or public entity has been provided a legal defense by the
21state pursuant to any contract or other legal obligation.
22(e) The total of claims allowed by thebegin delete boardend deletebegin insert
Department of
23General Servicesend insert pursuant to this section shall not exceed two
24hundred thousand dollars ($200,000) per fiscal year.
begin insertSection 1789.37 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) Every owner of a check casher’s business shall
27obtain a permit from the Department of Justice to conduct a check
28casher’s business.
29(b) All applications for a permit to conduct a check casher’s
30business shall be filed with the department in writing, signed by
31the applicant, if an individual, or by a member or officer authorized
32to sign, if the applicant is a corporation or other entity, and shall
33state the name of the business, the type of business engaged in,
34and the business address. Each applicant shall be fingerprinted.
35(c) Each applicant for a permit to conduct a check casher’s
36business shall pay a fee not to exceed the cost of processing the
37
application, fingerprinting the applicant, and checking or obtaining
38the criminal record of the applicant, at the time of filing the
39application.
P37 1(d) Each applicant shall annually, beginning one year from the
2date of issuance of a check casher’s permit, file an application for
3renewal of the permit with the department, along with payment of
4a renewal fee not to exceed the cost of processing the application
5for renewal and checking or obtaining the criminal record of the
6applicant.
7(e) The department shall deny an application for a permit to
8conduct a check casher’s business, or for renewal of a permit, if
9the applicant has a felony conviction involving dishonesty, fraud,
10or deceit, if the crime is substantially related to the qualifications,
11functions, or duties of a person engaged in the business of check
12cashing.
13(f) The department shall adopt regulations to implement this
14section and shall determine the amount of the application fees
15required by this section. The department shall prescribe forms for
16the applications and permit required by this section, which shall
17be uniform throughout the state.
18(g) In any action brought by a city attorney or district attorney
19to enforce a violation of this section, an owner of a check casher’s
20business who engages in the business of check cashing without
21holding a current and valid permit issued by the department
22pursuant to this section is subject to a civil penalty, as follows:
23(1) For the first offense, not more than one thousand dollars
24($1,000).
25(2) For the second offense, not more than five thousand dollars
26($5,000).
27(h) Any person who has twice been found in violation of
28subdivision (g) and who, within 10 years of the date of the first
29offense, engages in the business of check cashing without holding
30a current and valid permit issued by the department pursuant to
31this section is guilty of a misdemeanor punishable by imprisonment
32in a county jail not exceeding six months, or by a fine not
33exceeding five thousand dollars ($5,000), or by both that fine and
34imprisonment.
35(i) All civil penalties, forfeited bail, or fines received by any
36court pursuant to this section shall, as soon as practicable after the
37receipt thereof, be deposited with the county treasurer of the county
38in which the court is situated. Fines and forfeitures deposited shall
39be disbursed pursuant to the Penal Code. Civil penalties deposited
40shall be paid at least once a month as follows:
P38 1(1) Fifty percent to the
Treasurer by warrant of the county
2auditor drawn upon the requisition of the clerk or judge of the
3court, to be deposited in the State Treasury on order of the
4Controller.
5(2) Fifty percent to the city treasurer of the city, if the offense
6occurred in a city, otherwise to the treasurer of the county in which
7the prosecution is conducted. Any money deposited in the State
8Treasury under this section that is determined by the Controller to
9have been erroneously deposited shall bebegin delete refunded, subject to begin insert refundedend insert out of
10approval of the California Victim Compensation and Government
11Claims Board prior to the payment of the refund,end delete
12any money in the State Treasury that is available by law for that
13purpose.
14(j) This section shall become operative December 31, 2004.
begin insertSection 77 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is amended
16to read:end insert
(a) In every county and city and county, there is an
18appellate division of the superior court consisting of three judges
19or, when the Chief Justice finds it necessary, four judges.
20The Chief Justice shall assign judges to the appellate division
21for specified terms pursuant to rules, not inconsistent with statute,
22adopted by the Judicial Council to promote the independence and
23quality of each appellate division. Each judge assigned to the
24appellate division of a superior court shall be a judge of that court,
25a judge of the superior court of another county, or a judge retired
26from the superior court or a court of higher jurisdiction in this
27state.
28The Chief Justice shall designate one of the judges of each
29appellate division as the presiding
judge of the division.
30(b) In each appellate division, no more than three judges shall
31participate in a hearing or decision. The presiding judge of the
32division shall designate the three judges who shall participate.
33(c) In addition to their other duties, the judges designated as
34members of the appellate division of the superior court shall serve
35for the period specified in the order of designation. Whenever a
36judge is designated to serve in the appellate division of the superior
37court of a county other than the county in which that judge was
38elected or appointed as a superior court judge, or if the judge is
39retired, in a county other than the county in which the judge resides,
40the judge shall receive expenses for travel, board, and lodging. If
P39 1the judge is out of the judge’s county overnight or longer, by reason
2of the designation, that judge shall be paid a per diem allowance
3in
lieu of expenses for board and lodging in the same amounts as
4are payable for those purposes to justices of the Supreme Court
5under the rules of thebegin delete California Victim Compensation and begin insert
Department of General Services.end insert In
6Government Claims Board.end delete
7addition, a retired judge shall receive for the time so served,
8amounts equal to that which the judge would have received if the
9judge had been assigned to the superior court of the county.
10(d) The concurrence of two judges of the appellate division of
11the superior court shall be necessary to render the decision in every
12case in, and to transact any other business except business that
13may be done at chambers by the presiding judge of, the division.
14A judgment of the appellate division in an appeal shall contain a
15brief statement of the reasons for the judgment. A judgment stating
16only “affirmed” or “reversed” is insufficient. The presiding judge
17shall convene the appellate division when necessary. The presiding
18judge shall also supervise its business and transact any business
19that may be done at chambers.
20(e) The appellate division of the superior court has jurisdiction
21on appeal in all cases in which an appeal may be taken to the
22superior court or the appellate division of the superior court as
23provided by law, except where the appeal is a retrial in the superior
24court.
25(f) The powers of each appellate division shall be the same as
26are now or may hereafter be provided by law or rule of the Judicial
27Council relating to appeals to the appellate division of the superior
28courts.
29(g) The Judicial Council shall promulgate rules, not inconsistent
30with law, to promote the independence of, and govern the practice
31and procedure and the disposition of the business of, the appellate
32division.
33(h) Notwithstanding subdivisions (b) and (d), appeals from
34convictions of traffic infractions may be heard and decided by one
35
judge of the appellate division of the superior court.
begin insertSection 1345 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
37amended to read:end insert
If any person has erroneously delivered any unclaimed
39moneys or other unclaimed property to the state or any officer or
40employee thereof, and the moneys or other property is deposited
P40 1in the Unclaimed Property Fund or is held by the Controller or
2Treasurer in the name of any account in that fund pursuant to this
3title, the moneys or other property delivered in error may be
4refunded or returned to that person on order of thebegin delete Controller, with begin insert Controller.end insert
5the approval of the California Victim Compensation and
6Government Claims Board.end delete
begin insertSection 1346 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
8amended to read:end insert
If any person has erroneously delivered any unclaimed
10moneys or other unclaimed property to the state or any officer or
11employee thereof, and the moneys or other property is deposited
12in, or transferred to, the General Fund, or is held by the Controller
13or Treasurer in the name of that fund, pursuant to this title, the
14moneys or other property delivered in error, if cash, shall on order
15of the Controller, be transferred from the General Fund to the
16Unclaimed Property Fund, and, if other than cash, the records of
17the Controller and Treasurer shall be adjusted to show that it is
18held in the name of the proper account in the Unclaimed Property
19Fund; and the moneys or other property may be refunded or
20returned to that person on order of thebegin delete Controller, with the approval begin insert
Controller.end insert
21of the California Victim Compensation and Government Claims
22Board.end delete
begin insertSection 1370 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
24amended to read:end insert
Thebegin delete Controller, with the prior approval of the California begin insert Controllerend insert
26Victim Compensation and Government Claims Board,end delete
27 may sell or lease personal property at any time, and in any manner,
28and may execute those leases on behalf and in the name of the
29State of California.
begin insertSection 1371 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
31amended to read:end insert
Thebegin delete Controller, with the prior approval of the California begin insert Controllerend insert
33Victim Compensation and Government Claims Board,end delete
34 may sell, cash, redeem, exchange, or otherwise dispose of any
35securities and all other classes of personal property, and may sell,
36cash, redeem, exchange, compromise, adjust, settle, or otherwise
37dispose of any accounts, debts, contractual rights, or other choses
38in action if, in his or her opinion, that action on his or her part is
39necessary or will tend to safeguard and conserve the interests of
P41 1all parties, including the state, having any vested or expectant
2interest in the
property.
begin insertSection 1375 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
4amended to read:end insert
begin deleteWith the approval of the California Victim Compensation begin insertAny end insertreal property may be sold
6and Government Claims Board, any end delete
7or leased by the Controller at private sale without published notice.
begin insertSection 1379 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
9amended to read:end insert
begin deleteWith the prior approval of the California Victim begin insertThe end insertController
11Compensation and Government Claims Board, the end delete
12may destroy or otherwise dispose of any personal property other
13than cash deposited in the State Treasury under this title, if that
14property is determined by him or her to be valueless or of such
15little value that the costs of conducting a sale would probably
16exceed the amount that would be realized from the sale, and neither
17the Treasurer nor Controller shall be held to respond in damages
18at the suit of any person claiming loss by reason of that destruction
19or disposition.
begin insertSection 1563 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
21amended to read:end insert
(a) Except as provided in subdivisions (b) and (c), all
23escheated property delivered to the Controller under this chapter
24shall be sold by the Controller to the highest bidder at public sale
25in whatever city in the state affords in his or her judgment the most
26favorable market for the property involved, or the Controller may
27conduct the sale by electronic media, including, but not limited
28to, the Internet, if in his or her judgment it is cost effective to
29conduct the sale of the property involved in that manner. However,
30no sale shall be made pursuant to this subdivision until 18 months
31after the final date for filing the report required by Section 1530.
32The Controller may decline the highest bid and reoffer the property
33for sale if he or she considers the price bid insufficient. The
34Controller need not offer any property for
sale if, in his or her
35opinion, the probable cost of sale exceeds the value of the property.
36Any sale of escheated property held under this section shall be
37preceded by a single publication of notice thereof, at least one
38week in advance of sale, in an English language newspaper of
39general circulation in the county where the property is to be sold.
P42 1(b) Securities listed on an established stock exchange shall be
2sold at the prevailing prices on that exchange. Other securities may
3be sold over the counter at prevailing pricesbegin delete or, with prior approval begin insert orend insert by any other method that the Controller may determine
4of the California Victim Compensation and Government Claims
5Board,end delete
6to be advisable. These securities shall be sold by the Controller no
7sooner than 18
months, but no later than 20 months, after the final
8date for filing the report required by Section 1530. If securities
9delivered to the Controller by a holder of the securities remain in
10the custody of the Controller, a person making a valid claim for
11those securities under this chapter shall be entitled to receive the
12securities from the Controller. If the securities have been sold, the
13person shall be entitled to receive the net proceeds received by the
14Controller from the sale of the securities. United States government
15savings bonds and United States war bonds shall be presented to
16the United States for payment. Subdivision (a) does not apply to
17the property described in this subdivision.
18(c) (1) All escheated property consisting of military awards,
19decorations, equipment, artifacts, memorabilia, documents,
20photographs, films, literature, and any other item relating to the
21military history of California and
Californians that is delivered to
22the Controller is exempt from subdivision (a) and may, at the
23discretion of the Controller, be held in trust for the Controller at
24the California State Military Museum and Resource Center, or
25successor entity. All escheated property held in trust pursuant to
26this subdivision is subject to the applicable regulations of the
27United States Army governing Army museum activities as
28described in Section 179 of the Military and Veterans Code. Any
29person claiming an interest in the escheated property may file a
30claim to the property pursuant to Article 4 (commencing with
31Section 1540).
32(2) The California State Military Museum and Resource Center,
33or successor entity, shall be responsible for the costs of storage
34and maintenance of escheated property delivered by the Controller
35under this subdivision.
36(d) The purchaser at any sale conducted by the
Controller
37pursuant to this chapter shall receive title to the property purchased,
38free from all claims of the owner or prior holder thereof and of all
39persons claiming through or under them. The Controller shall
40execute all documents necessary to complete the transfer of title.
begin insertSection 12117 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert
(a) The State Agency for Donated Food Distribution
4may, without at the time furnishing vouchers or itemized
5statements, draw from the Donated Food Revolving Fund for use
6as a departmental revolving fund either of the following:
7(1) A sum not to exceed thirty thousand dollars ($30,000).
8(2) With the approval of the Department of Finance, a sum in
9excess of thirty thousand dollars ($30,000).
10(b) Any moneys withdrawn pursuant to subdivision (a) may
11only be used, in accordance with law and thebegin delete California Victim begin insert
Department of
12Compensation and Government Claims Boardend delete
13General Servicesend insert
rules, for payment of compensation earned,
14traveling expense, traveling expense advances, or where immediate
15payment is otherwise necessary. All disbursements from the
16revolving fund shall be substantiated by vouchers filed with and
17audited by the Controller. From time to time, disbursements,
18supported by vouchers, may be reported to the Controller in
19connection with claims for reimbursement of the departmental
20revolving fund. At any time upon the demand of the Department
21of Finance or the Controller, the revolving fund shall be accounted
22for and substantiated by vouchers and itemized statements
23submitted to and audited by the Controller.
begin insertSection 17295 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
25read:end insert
(a) (1) The Department of General Services shall pass
27upon and approve or reject all plans for the construction or, if the
28estimated cost exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollars
29begin delete ($25,000),end deletebegin insert ($100,000),end insert the alteration of any school building.
30(2) To enable the Department of General Services to pass upon
31and approve
plans pursuant to this subdivision, the governing board
32of each school district and any other school authority before
33adopting any plans for the school building shall submit the plans
34to the Department of General Services for approval, and shall pay
35the fees prescribed in this article.
36(b) Notwithstanding subdivisionbegin delete (a) of Section 17295,end deletebegin insert (a),end insert where
37the estimated cost of the reconstruction or alteration of, or an
38addition to, any school building exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert
39 thousand dollarsbegin delete ($25,000)end deletebegin insert
($100,000),end insert
but does not exceedbegin delete oneend delete
40begin insert twoend insert hundredbegin insert twenty-fiveend insert thousand dollarsbegin delete ($100,000),end deletebegin insert ($225,000),end insert
P44 1 a licensed structural engineer shall examine the proposed project
2to determine if it is a nonstructural alteration or a structural
3alteration. If he or she determines that the project is a nonstructural
4alteration, he or she shall prepare a statement so indicating. If he
5or she determines that the project is structural, he or she shall
6prepare plans and specifications for the project which shall be
7submitted to the
Department of General Services for review and
8approval. A copy of the engineer’s report stating that the work
9does not affect structural elements shall be filed with the
10Department of General Services.
11(c) If a licensed structural engineer submits a report to the
12Department of General Services stating that the plans or activities
13authorized pursuant to subdivision (b) do not involve structural
14elements, then all of the following shall apply to that project:
15(1) The design professional in responsible charge of the project
16undertaken pursuant to this subdivision shall certify that the plans
17and specifications for the project meet any applicable fire and life
18safety standards, and do not affect the disabled access requirements
19of Section 4450 of the Government Code, and shall submit this
20certification to thebegin delete department.end deletebegin insert
Department of General Services.end insert
21 The letter of certification shall bear the identifying licensing stamp
22or seal of the design professional. Thisbegin delete provisionend deletebegin insert paragraphend insert does
23not preclude a design professional from submitting plans and
24specifications to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
25 along with the appropriate fee for review.
26(2) Within 10 days of the completion of any project authorized
27pursuant to subdivision (b), the school construction inspector of
28record on the project, who is certified by thebegin delete departmentend delete
29begin insert
Department of General Servicesend insert to inspect school buildings, shall
30certify in writing to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
31 that the reconstruction, alteration, or addition has been completed
32in compliance with the plans and specifications.
33(3) The dollar amounts cited in this section shall be increased
34on an annual basis, commencing January 1,begin delete 1999,end deletebegin insert 2018,end insert by the
35begin delete departmentend deletebegin insert
Department of General Servicesend insert according to an
36inflationary index governing construction costs that is selected and
37recognized by thebegin delete department.end deletebegin insert Department of General Services.end insert
38(4) No school district shall subdivide a project for the purpose
39of evading the limitation on amounts cited in this section.
P45 1(d) For purposes of this section, “design professional in
2responsible charge” or “design professional” means the licensed
3architect, licensed structural engineer, or licensed civil engineer
4who is responsible for the completion of the design work involved
5with the project.
begin insertSection 24618 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
7read:end insert
Losses or gains resulting from overpayment or
9underpayment of contributions or other amounts under this part
10within the limits set by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert for
11Government Claims Boardend delete
12automatic writeoff, and losses or gains in greater amounts
13specifically approved for writeoffs by thebegin delete California Victim begin insert Department of
14Compensation and Government Claims Board,end delete
15General Services,end insert shall be
debited or credited, as the case may be,
16to the appropriate reserve in the retirement fund.
begin insertSection 68121 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
18read:end insert
(a) Notwithstanding any other provision of law, no
20mandatory systemwide fees or tuition of any kind shall be required
21or collected by the Regents of the University of California or the
22Trustees of the California State University, from a student who is
23in an undergraduate program and who is the surviving dependent
24of any individual killed in the September 11, 2001, terrorist attacks
25on the World Trade Center in New York City, the Pentagon
26building in Washington, DC, or the crash of United Airlines Flight
2793 in southwestern Pennsylvania, if he or she meets the financial
28need requirements set forth in Section 69432.7 for the Cal Grant
29A Program and either of the following apply:
30(1) The surviving dependent was a resident of
California on
31September 11, 2001.
32(2) The individual killed in the attacks was a resident of
33California on September 11, 2001.
34(b) (1) The California Victim Compensationbegin delete and Government Board shall identify all persons who are eligible for tuition
35Claimsend delete
36and fee waivers pursuant to this section or subdivision (j) of Section
3776300. That board shall notify these persons or, in the case of
38minors, the parents or guardians of these persons, of their eligibility
39for tuition and fee waivers under these provisions. This notification
P46 1shall be in writing, and shall be received by all of the appropriate
2persons no later than July 1, 2003.
3(2) The Trustees of the California State University, the Regents
4of the University of
California and the governing board of each
5community college district in the state shall waive tuition and fees,
6as specified in this section and in subdivision (j) of Section 76300,
7for any person who can demonstrate eligibility. If requested by
8the California State University, the University of California,
9Hastings College of the Law, or a California Community College,
10the California Victim Compensationbegin delete and Government Claimsend delete
11 Board, on a case-by-case basis, shall confirm the eligibility of
12persons requesting the waiver of tuition and fees, as provided for
13in this section.
14(c) A determination of whether a person is a resident of
15California on September 11, 2001, shall be based on the criteria
16set forth in this chapter for determining nonresident and resident
17tuition.
18(d) (1) “Dependent,” for purposes of this section, is a person
19who, because of his or her relationship to an individual killed as
20a result of injuries sustained during the terrorist attacks of
21September 11, 2001, qualifies for compensation under the federal
22September 11th Victim Compensation Fund of 2001 (Title IV
23(commencing with Section 401) of Public Law 107-42).
24(2) A dependent who is the surviving spouse of an individual
25killed in the terrorist attacks of September 11, 2001, is entitled to
26the waivers provided in this section until January 1, 2013.
27(3) A dependent who is the surviving child, natural or adopted,
28of an individual killed in the terrorist attacks of September 11,
292001, is entitled to the waivers under this section until that person
30obtains the age of 30 years.
31(4) A dependent of an
individual killed in the terrorist attacks
32of September 11, 2001, who is determined to be eligible by the
33California Victim Compensationbegin delete and Government Claimsend delete Board,
34is also entitled to the waivers provided in this section until January
351, 2013.
begin insertSection 70010.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
37to read:end insert
As used in this article:
39(a) “Board” means the Scholarshare Investment Board
40established pursuant to Section 69984.
P47 1(b) “California resident” means a person who would not be
2required to pay nonresident tuition under Chapter 1 (commencing
3with Section 68000) of Part 41.
4(c) “Dependent” means a person identified by the California
5Victim Compensationbegin delete and Government Claimsend delete Board because of
6his or her relationship to a California resident killed as a result of
7injuries sustained during the terrorist attacks of September 11,
82001.
9(d) “Fund” means the California Memorial Scholarship Fund
10established pursuant to Section 5066 of the Vehicle Code.
11(e) “Institution of higher education” has the same meaning as
12“eligible educational institution,” as defined in paragraph (5) of
13subsection (e) of Section 529 of the Internal Revenue Code of
141986, as amended by Section 211 of the Taxpayer Relief Act of
151997 (Public Law 105-34).
16(f) “Participant” means a surviving dependent of a California
17resident killed as a result of injuries sustained during the terrorist
18attacks of September 11, 2001, who has executed, or on whose
19behalf has been executed, an agreement pursuant to Section 70011.
20(g) “Program” means the California Memorial Scholarship
21Program established pursuant to Section 70010.
22(h) “Scholarship” means a participant’s account as established
23by the board with moneys deposited in the fund.
begin insertSection 70010.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
25to read:end insert
(a) The California Victim Compensationbegin delete and Board shall identify, and confirm by
27Government Claimsend delete
28documentation, all persons who are eligible for scholarships under
29the program. The California Victim Compensationbegin delete and Government Board shall use various methods to identify those persons,
30Claimsend delete
31including, but not limited to, all of the following:
32(1) Media outreach, including, but not limited to, social media,
33that explains the details of the program, who is eligible for
34scholarships under the program, and how to sign up for further
35notifications regarding the program.
36(2) Written notification to persons, or in the case of minors,
37their parents or guardians, who have previously been identified as
38eligible for scholarships under the program, and their known family
39members. The notification shall explain that the program has been
40reopened, and that the California Victim Compensationbegin delete and Board is seeking information regarding other
P48 1Government Claimsend delete
2persons who may be eligible for the program, and shall provide
3instructions on how to sign up for further notifications regarding
4the program.
5(3) Communication with the Special Master of the federal
6September 11th Victim Compensation Fund to determine if
7additional victims who were California residents have been
8identified.
9(b) After creating a new list of
eligible persons for the program,
10the California Victim Compensationbegin delete and Government Claimsend delete
11 Board shall notify these persons or, in the case of minors, the
12parents or guardians of these persons, of their eligibility for
13scholarships under the program.
14(1) The notification shall be in writing.
15(2) The notification shall provide details on the program and
16how to apply for scholarships under the program.
17(3) The notification shall be received by all of the appropriate
18persons no later than July 1, 2015.
19(c) The Scholarshare Investment Board shall service scholarships
20pursuant to this article only for individuals determined to be eligible
21by the California Victim Compensationbegin delete and Government Claimsend delete
22
Board.
23(d) Eligible persons, or in the case of minors, the parents or
24guardians of these persons, shall inform the Scholarshare
25Investment Board of their decision on whether to participate in the
26program in a timely manner. Eligible persons, or in the case of
27minors, the parents or guardians of these persons, who are to
28become participants in the program shall execute agreements
29pursuant to Section 70011 no later than July 1, 2016.
begin insertSection 76300 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
31read:end insert
(a) The governing board of each community college
33district shall charge each student a fee pursuant to this section.
34(b) (1) The fee prescribed by this section shall be forty-six
35dollars ($46) per unit per semester, effective with the summer term
36of the 2012 calendar year.
37(2) The board of governors shall proportionately adjust the
38amount of the fee for term lengths based upon a quarter system,
39and also shall proportionately adjust the amount of the fee for
40summer sessions, intersessions, and other short-term courses. In
P49 1making these adjustments, the board of governors may round the
2per unit fee and the per term or per session fee to the nearest dollar.
3(c) For the purposes of computing apportionments to community
4college districts pursuant to Section 84750.5, the board of
5governors shall subtract, from the total revenue owed to each
6district, 98 percent of the revenues received by districts from
7charging a fee pursuant to this section.
8(d) The board of governors shall reduce apportionments by up
9to 10 percent to any district that does not collect the fees prescribed
10by this section.
11(e) The fee requirement does not apply to any of the following:
12(1) Students enrolled in the noncredit courses designated by
13Section 84757.
14(2) California State University or University of California
15students enrolled in remedial classes provided by a community
16
college district on a campus of the University of California or a
17campus of the California State University, for whom the district
18claims an attendance apportionment pursuant to an agreement
19between the district and the California State University or the
20University of California.
21(3) Students enrolled in credit contract education courses
22pursuant to Section 78021, if the entire cost of the course, including
23administrative costs, is paid by the public or private agency,
24corporation, or association with which the district is contracting
25and if these students are not included in the calculation of the
26full-time equivalent students (FTES) of that district.
27(f) The governing board of a community college district may
28exempt special part-time students admitted pursuant to Section
2976001 from the fee requirement.
30(g) (1) The fee requirements of this section shall be waived for
31any student who meets all of the following requirements:
32(A) Meets minimum academic and progress standards adopted
33by the board of governors, which fulfill the requirements outlined
34in this paragraph and paragraphs (2) to (5), inclusive. Any
35minimum academic and progress standards adopted pursuant to
36this section shall be uniform across all community college districts
37and campuses. These standards shall not include a maximum unit
38cap, and community college districts and colleges shall not impose
39requirements for fee waiver eligibility other than the minimum
P50 1academic and progress standards adopted by the board of governors
2and the requirements of subparagraph (B).
3(B) Meets one of the following criteria:
4(i) At the time of enrollment, is a
recipient of benefits under the
5Temporary Assistance for Needy Families program, the
6Supplemental Security Income/State Supplementary Payment
7Program, or a general assistance program.
8(ii) Demonstrates eligibility according to income standards
9established by regulations of the board of governors.
10(iii) Demonstrates financial need in accordance with the
11methodology set forth in federal law or regulation for determining
12the expected family contribution of students seeking financial aid.
13(2) (A) The board of governors, in consultation with students,
14faculty, and other key stakeholders, shall consider all of the
15following in the development and adoption of minimum academic
16and progress standards pursuant to subparagraph (A) of paragraph
17(1):
18(i) Minimum uniform academic and progress standards that do
19not unfairly disadvantage financially needy students in pursuing
20their education.
21(ii) Criteria for reviewing extenuating circumstances and
22granting appeals that, at a minimum, take into account and do not
23penalize a student for circumstances outside his or her control,
24such as reductions in student support services or changes to the
25economic situation of the student.
26(iii) A process for reestablishing fee waiver eligibility that
27provides a student with a reasonable opportunity to continue or
28resume his or her enrollment at a community college.
29(B) To ensure that students are not unfairly impacted by the
30requirements of subparagraph (A) of paragraph (1), the board of
31governors shall establish a reasonable implementation period that
32commences no
sooner than one year from adoption of the minimum
33academic and progress standards, or any subsequent changes to
34these standards, pursuant to subparagraph (A) of paragraph (1)
35and that is phased in to provide students adequate notification of
36this requirement and information about available support resources.
37(3) It is the intent of the Legislature that minimum academic
38and progress standards adopted pursuant to subparagraph (A) of
39paragraph (1) be implemented only as campuses develop and
40implement the student support services and interventions necessary
P51 1to ensure no disproportionate impact to students based on ethnicity,
2gender, disability, or socioeconomic status. The board of governors
3shall consider the ability of community college districts to meet
4the requirements of this paragraph before adopting minimum
5academic and progress standards, or any subsequent changes to
6these standards, pursuant to subparagraph (A) of paragraph (1).
7(4) It is the intent of the Legislature to ensure that a student shall
8not lose fee waiver eligibility without a community college campus
9first demonstrating a reasonable effort to provide a student with
10adequate notification and assistance in maintaining his or her fee
11waiver eligibility. The board of governors shall adopt regulations
12to implement this paragraph that ensure all of the following:
13(A) Students are provided information about the available
14student support services to assist them in maintaining fee waiver
15eligibility.
16(B) Community college district policies and course catalogs
17reflect the minimum academic and progress standards adopted
18pursuant to subparagraph (A) of paragraph (1) and that appropriate
19notice is provided to students before the policies are put into effect.
20(C) A student does not lose fee waiver eligibility unless he or
21she has not met minimum academic and progress standards adopted
22pursuant to subparagraph (A) of paragraph (1) for a period of no
23less than two consecutive academic terms.
24(5) The board of governors shall provide notification of a
25proposed action to adopt regulations pursuant to this subdivision
26to the appropriate policy and fiscal committees of the Legislature
27in accordance with the requirements of paragraph (1) of subdivision
28(a) of Section 70901.5. This notification shall include, but not be
29limited to, all of the following:
30(A) The proposed minimum academic and progress standards
31and information detailing how the requirements of paragraphs (1)
32to (4), inclusive, have been or will be satisfied.
33(B) How many students may lose fee waiver eligibility by
34ethnicity, gender, disability, and, to the extent relevant data is
35available, by socioeconomic status.
36(C) The criteria for reviewing extenuating circumstances,
37granting appeals, and reestablishing fee waiver eligibility pursuant
38to paragraph (2).
39(h) The fee requirements of this section shall be waived for any
40student who, at the time of enrollment, is a dependent or surviving
P52 1spouse who has not remarried, of any member of the California
2National Guard who, in the line of duty and while in the active
3service of the state, was killed, died of a disability resulting from
4an event that occurred while in the active service of the state, or
5is permanently disabled as a result of an event that occurred while
6in the active service of the state. “Active service of the state,” for
7the purposes of this subdivision,
refers to a member of the
8California National Guard activated pursuant to Section 146 of
9the Military and Veterans Code.
10(i) The fee requirements of this section shall be waived for any
11student who is the surviving spouse or the child, natural or adopted,
12of a deceased person who met all of the requirements of Section
1368120.
14(j) The fee requirements of this section shall be waived for any
15student in an undergraduate program, including a student who has
16previously graduated from another undergraduate or graduate
17program, who is the dependent of any individual killed in the
18September 11, 2001, terrorist attacks on the World Trade Center
19and the Pentagon or the crash of United Airlines Flight 93 in
20southwestern Pennsylvania, if that dependent meets the financial
21need requirements set forth in Section 69432.7 for the Cal Grant
22A Program and either of the following applies:
23(1) The dependent was a resident of California on September
2411, 2001.
25(2) The individual killed in the attacks was a resident of
26California on September 11, 2001.
27(k) A determination of whether a person is a resident of
28California on September 11, 2001, for purposes of subdivision (j)
29shall be based on the criteria set forth in Chapter 1 (commencing
30with Section 68000) of Part 41 of Division 5 for determining
31nonresident and resident tuition.
32(l) (1) “Dependent,” for purposes of subdivision (j), is a person
33who, because of his or her relationship to an individual killed as
34a result of injuries sustained during the terrorist attacks of
35September 11, 2001, qualifies for compensation under the federal
36September 11th Victim Compensation
Fund of 2001 (Title IV
37(commencing with Section 401) of Public Law 107-42).
38(2) A dependent who is the surviving spouse of an individual
39killed in the terrorist attacks of September 11, 2001, is entitled to
40the waivers provided in this section until January 1, 2013.
P53 1(3) A dependent who is the surviving child, natural or adopted,
2of an individual killed in the terrorist attacks of September 11,
32001, is entitled to the waivers under subdivision (j) until that
4person attains 30 years of age.
5(4) A dependent of an individual killed in the terrorist attacks
6of September 11, 2001, who is determined to be eligible by the
7California Victim Compensationbegin delete and Government Claimsend delete Board,
8is also entitled to the waivers provided in this section
until January
91, 2013.
10(m) (1) It is the intent of the Legislature that sufficient funds
11be provided to support the provision of a fee waiver for every
12student who demonstrates eligibility pursuant to subdivisions (g)
13to (j), inclusive.
14(2) From funds provided in the annual Budget Act, the board
15of governors shall allocate to community college districts, pursuant
16to this subdivision, an amount equal to 2 percent of the fees waived
17pursuant to subdivisions (g) to (j), inclusive. From funds provided
18in the annual Budget Act, the board of governors shall allocate to
19community college districts, pursuant to this subdivision, an
20amount equal to ninety-one cents ($0.91) per credit unit waived
21pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
22Legislature that funds provided pursuant to this subdivision be
23used to support the determination of
financial need and delivery
24of student financial aid services, on the basis of the number of
25students for whom fees are waived. It also is the intent of the
26Legislature that the funds provided pursuant to this subdivision
27directly offset mandated costs claimed by community college
28districts pursuant to Commission on State Mandates consolidated
29Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
30(Enrollment Fee Waivers). Funds allocated to a community college
31district for determination of financial need and delivery of student
32financial aid services shall supplement, and shall not supplant, the
33level of funds allocated for the administration of student financial
34aid programs during the 1992-93 fiscal year.
35(n) The board of governors shall adopt regulations implementing
36this section.
37(o) This section shall become operative on May 1, 2012, only
38if subdivision (b) of Section
3.94 of the Budget Act of 2011 is
39operative.
begin insertSection 81133 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert
(a) The Department of General Services shall pass
4upon, and approve or reject, all plans for the construction or, if the
5estimated cost exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollars
6begin delete ($25,000),end deletebegin insert ($100,000),end insert the alteration of any school building. To
7enable it to do so, the governing board of each community college
8district and any other school authority before adopting any plans
9for the school building shall
submit the plans to the Department
10of General Services for approval, and shall pay the fees prescribed
11in this article.
12(b) Notwithstanding subdivision (a), where the estimated cost
13of reconstruction or alteration of, or addition to, a school building
14exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollarsbegin delete ($25,000),end delete
15begin insert ($100,000),end insert but does not exceedbegin delete oneend deletebegin insert twoend insert hundredbegin insert
twenty-fiveend insert
16
thousand dollarsbegin delete ($100,000),end deletebegin insert ($225,000),end insert a licensed structural
17engineer shall examine the proposed project to determine if it is a
18nonstructural alteration or a structural alteration. If he or she
19determines that the project is a nonstructural alteration, he or she
20shall prepare a statement so indicating. If he or she determines that
21the project is structural, he or she shall prepare plans and
22specifications for the project which shall be submitted to the
23Department of General Services for review and approval. A copy
24of the engineer’s report stating that the work does not affect
25structural elements shall be filed with the Department of General
26Services.
27(c) If a licensed structural engineer submits a report to the
28Department of General
Services stating that the plans or activities
29authorized pursuant to subdivision (b) do not involve structural
30elements, then all of the following shall apply to that project:
31(1) The design professional in responsible charge of the project
32undertaken pursuant to this subdivision shall certify that the plans
33and specifications for the project meet any applicable fire and life
34safety standards, and do not affect the disabled access requirements
35of Section 4450 of the Government Code, and shall submit this
36certification to thebegin delete department.end deletebegin insert Department of General Services.end insert
37 The letter of certification shall bear the identifying licensing stamp
38or seal of the design professional. Thisbegin delete provisionend deletebegin insert
paragraphend insert does
39not preclude a design professional from submitting plans and
P55 1specifications to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
2 along with the appropriate fee for review.
3(2) Within 10 days of the completion of any project authorized
4pursuant to subdivision (b), the school construction inspector of
5record on the project, who is certified by thebegin delete departmentend delete
6begin insert Department of General Servicesend insert to inspect school buildings, shall
7certify in writing to thebegin delete departmentend deletebegin insert
Department of General Servicesend insert
8 that the reconstruction, alteration, or addition has been completed
9in compliance with the plans and specifications.
10(3) The dollar amounts cited in this section shall be increased
11on an annual basis, commencing January 1,begin delete 1999,end deletebegin insert 2018,end insert by the
12begin delete departmentend deletebegin insert Department of General Servicesend insert according to an
13inflationary index governing construction costs that is selected and
14recognized by thebegin delete department.end deletebegin insert
Department of General Services.end insert
15(4) Nobegin delete schoolend deletebegin insert community collegeend insert district shall subdivide a
16project for the purpose of evading the limitation on amounts cited
17in this section.
18(5) Before letting any contract for any construction or alteration
19of any school building, the written approval of the plans, as to
20safety of design and construction, by the Department of General
21Services, shall first be had and obtained.
22(6) In each case the application for approval of the plans shall
23be accompanied by the plans and full, complete, and accurate
24specifications, and structural design computations,
and estimates
25of cost, which shall comply in every respect with any and all
26requirements prescribed by the Department of General Services.
27(7) (A) The application shall be accompanied by a filing fee in
28amounts as determined by the Department of General Services
29based on the estimated cost according to the following schedule:
30(i) For the first one million dollars ($1,000,000), a fee of not
31more than 0.7 percent of the estimated cost.
32(ii) For all costs in excess of one million dollars ($1,000,000),
33a fee of not more than 0.6 percent of the estimated cost.
34(B) The minimum fee in any case shall be two hundred fifty
35dollars ($250). If the actual cost exceeds the estimated cost by
36more than 5 percent, a further fee shall be paid to the
Department
37of General Services, based on the above schedule and computed
38on the amount by which the actual cost exceeds the amount of the
39estimated cost.
P56 1(8) (A) All fees collected under this article shall be paid into
2the State Treasury and credited to the Public School Planning,
3Design, and Construction Review Revolving Fund, and are
4continuously appropriated, without regard to fiscal years, for the
5use of the Department of General Services, subject to approval of
6the Department of Finance, in carrying out this article.
7(B) Adjustments in the amounts of the fees, as determined by
8the Department of General Services and approved by the
9Department of Finance, shall be made within the limits set in
10paragraph (7) in order to maintain a reasonable working balance
11in the fund.
12(9) No contract for the
construction or alteration of any school
13building, made or executed by the governing board of any
14community college district or other public board, body, or officer
15otherwise vested with authority to make or execute this contract,
16is valid, and no public money shall be paid for any work done
17under this contract or for any labor or materials furnished in
18constructing or altering the building, unless the plans,
19specifications, and estimates comply in every particular with the
20provisions of this article and the requirements prescribed by the
21Department of General Services and unless the approval thereof
22in writing has first been had and obtained from the Department of
23General Services.
24(d) For purposes of this section, “design professional in
25responsible charge” or “design professional” means the licensed
26architect, licensed structural engineer, or licensed civil engineer
27who is responsible for the completion of the design work involved
28with the
project.
begin insertSection 89750.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
30to read:end insert
(a) Notwithstanding Sections 948 and 965.2 of the
32Government Code or any otherbegin delete provision ofend delete law, the trustees may
33settle, adjust, or compromise any pending action or final judgment,
34without the need for a recommendation, certification, or approval
35from any other state officer or entity. The Controller shall draw a
36warrant for the payment of any settlement, adjustment, or
37compromise, or final judgment against the trustees if the trustees
38certify that a sufficient appropriation for the payment of the
39settlement, adjustment, compromise, or final judgment exists.
P57 1(b) Notwithstanding paragraph (3) of subdivision (b) of Section
2905.2 of the Government Code or any otherbegin delete provision ofend delete
law, the
3trustees may pay any claim for money or damages on express
4contract or for an injury for which the trustees or their officers or
5employees are liable, without approval of thebegin delete California Victim begin insert Department of
6Compensation and Government Claims Board,end delete
7General Services,end insert if the trustees determine that payment of the
8claim is in the best interests of the California State University and
9that funds are available to pay the claim. The authority of the
10trustees conferred by this subdivision does not alter any other
11requirements governing claims in the Government Claims Act
12(Division 3.6 (commencing with Section 810) of Title 1 of the
13Government Code), except to grant the trustees authority to pay
14these claims.
15(c) Notwithstanding Chapter 3
(commencing with Section
1613940) of Part 4 of Division 3 of Title 2 of the Government Code,
17the trustees may discharge from accountability the sum of one
18thousand dollars ($1,000) or less, owing to the California State
19University, if the trustees determine that the money is uncollectible
20or the amount does not justify the cost of collection. A discharge
21of accountability by the trustees does not release any person from
22the payment of any moneys due the California State University.
begin insertSection 1122 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
24to read:end insert
Any claim for damages arising against the state under
26Section 1121 shall be presented to thebegin delete California Victim begin insert Department of
27Compensation and Government Claims Boardend delete
28General Servicesend insert in accordance with Section 905.2 of the
29Government Code, and if not covered by insurance provided
30pursuant to Section 1121, the claim shall be payable only out of
31funds appropriated by the Legislature for that purpose. If the state
32elects to insure its liability under Section 1121, thebegin delete California begin insert
Department
33Victim Compensation and Government Claims Boardend delete
34of General Servicesend insert may automatically deny the claim.
begin insertSection 15512 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
36to read:end insert
(a) If aquatic plants or animals are destroyed pursuant
38to subdivision (e) of Section 15505, the owner shall be promptly
39paid from the General Fund an amount equal to 75 percent of the
40replacement value of the plants or animals, less the value
P58 1determined by the department of any replacement stock provided
2by the department under subdivision (b) if the claim is submitted
3pursuant to Section 15513. If the replacement value is not settled
4between the owner and the department, the replacement value shall
5be determined by an appraiser appointed by the director and an
6appraiser appointed by the owner. Appraiser’s fees shall be paid
7by the appointing party. Disputes between these two appraisers
8shall be submitted to arbitration under the Commercial Arbitration
9Rules of the American
Arbitration Association.
10(b) If the department provides replacement stock to an
11aquaculturist whose plants or animals are destroyed pursuant to
12subdivision (e) of Section 15505, the amount to be paid to the
13aquaculturist pursuant to this section shall be reduced by the value
14of the replacement stock, as determined by the department.
15(c) The result of the arbitration or the amount settled between
16the owner and the department, reduced by the value determined
17by the department of any replacement stock provided under
18subdivision (b), may be submitted as a claim by the owner to the
19begin delete California Victim Compensation and Government Claims Boardend delete
20begin insert Department of General Servicesend insert pursuant to Section
15513.
begin insertSection 3955 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
22amended to read:end insert
Claims against an association shall be presented to the
24begin delete California Victim Compensation and Government Claims Boardend delete
25begin insert Department of General Servicesend insert in accordance with Part 3
26(commencing with Section 900) and Part 4 (commencing with
27Section 940) of Division 3.6 of Title 1 of the Government Code.
begin insertSection 14978.2 of the end insertbegin insertFood and Agricultural Codeend insert
29
begin insert is amended to read:end insert
(a) The board may establish the Commercial Feed
31Inspection Committee as an entity to administer this chapter. The
32committee shall consist of eight persons appointed by the board
33who shall be licensed under this chapter. The committee may, with
34the concurrence of the director, appoint one additional member to
35the committee, who shall be a public member. The public member
36shall be a citizen and resident of California who is not subject to
37the licensing requirements of this chapter, and who has no financial
38interest in any person licensed under this chapter.
39(b) Each member shall have an alternate member appointed in
40the same manner as the member, who shall serve in the absence
P59 1of the member for whom they are designated as
alternate and who
2shall have all the duties and exercise the full rights and privileges
3of members.
4(c) The committee may appoint its own officers, including a
5chairperson, one or more vice chairpersons, and other officers as
6it deems necessary. The officers shall have the powers and duties
7delegated to them by the committee.
8(d) The members and alternate members, when acting as
9members, shall serve without compensation but shall be reimbursed
10for expenses necessarily incurred by them in the performance of
11their duties in accordance with the rules of thebegin delete California Victim begin insert Department of
12Compensation and Government Claims Board.end delete
13General Services.end insert
14(e) A quorum of the committee shall be five members. A vote
15of the majority of the members present at a meeting at which there
16is a quorum shall constitute the act of the committee.
17(f) No member or alternate member, or any employee or agent
18thereof, shall be personally liable for the actions of the committee
19or responsible individually in any way for errors in judgment,
20mistakes, or other acts, either by commission or omission, except
21for his or her own individual acts of dishonesty or crime.
begin insertSection 52295 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
23amended to read:end insert
Members of the board shall receive no salary but may
25be allowed per diem in accordance withbegin delete California Victim begin insert Department of
26Compensation and Government Claims Boardend delete
27General Servicesend insert rules for attendance at meetings and other board
28activities authorized by the board and approved by the director.
begin insertSection 800 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
30read:end insert
(a) In any civil action to appeal or review the award,
32finding, or other determination of any administrative proceeding
33under this code or under any other provision of state law, except
34actions resulting from actions of thebegin delete California Victim begin insert Department of
35Compensation and Government Claims Board,end delete
36General Services,end insert if it is shown that the award, finding, or other
37determination of the proceeding was the result of arbitrary or
38capricious action or conduct by a public entity or an officer thereof
39in his or her official capacity, the complainant if he or she prevails
40in the civil action may collect from
the public entity reasonable
P60 1attorney’s fees, computed at one hundred dollars ($100) per hour,
2but not to exceed seven thousand five hundred dollars ($7,500),
3if he or she is personally obligated to pay the fees in addition to
4any other relief granted or other costs awarded.
5(b) This section is ancillary only, and shall not be construed to
6create a new cause of action.
7(c) The refusal by a public entity or officer thereof to admit
8liability pursuant to a contract of insurance shall not be considered
9arbitrary or capricious action or conduct within the meaning of
10this section.
begin insertSection 850.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
(a) Whenever a public entity provides fire protection
14or firefighting service outside of the area regularly served and
15protected by the public entity providing that service, the public
16entity providing the service is liable for any injury for which
17liability is imposed by statute caused by its act or omission or the
18act or omission of its employee occurring in the performance of
19that fire protection or firefighting service. Notwithstanding any
20other law, the public entity receiving the fire protection or
21firefighting service is not liable for any act or omission of the
22public entity providing the service or for any act or omission of
23an employee of the public entity providing the service; but the
24public entity providing the service and the public entity receiving
25the service may by
agreement determine the extent, if any, to which
26the public entity receiving the service will be required to indemnify
27the public entity providing the service.
28(b) Notwithstanding any other provision of this section, any
29claims against the state shall be presented to thebegin delete California Victim begin insert Department of
30Compensation and Government Claims Boardend delete
31General Servicesend insert in accordance with Part 3 (commencing with
32Section 900) and Part 4 (commencing with Section 940) of Division
333.6 of Title 1.
begin insertSection 900.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
“Board” means:
37(a) In the case of a local public entity, the governing body of
38the local public entity.
P61 1(b) In the case of the state, except as provided by subdivisions
2(c) and (d), thebegin delete Victim Compensation and Government Claims begin insert Department of General Services.end insert
3Board.end delete
4(c) In the case of a judicial branch entity or judge of one of those
5entities, the Judicial Council.
6(d) In the case of the California State
University, the Trustees
7of the California State University.
begin insertSection 905.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) This section shall apply to claims against the state
11filed with thebegin delete California Victim Compensation and Government begin insert Department of General Services except as provided
12Claims Board.end delete
13in subparagraph (B) of paragraph (2) of subdivision (b).end insert
14(b) There shall be presented in accordance with this chapter and
15Chapter 2 (commencing with Section 910) all claims for money
16or damages against the state:
17(1) For which no appropriation has been made or for which no
18fund is available but the settlement of which has been
provided
19for by statute or constitutional provision.
20(2) begin insert(A)end insertbegin insert end insertFor which the appropriation made or fund designated
21is exhausted.
22
(B) Claims for reissuance of stale, dated, or replacement
23warrants shall be filed with the state entity that originally issued
24the warrant and, if allowed, shall be paid from the issuing entity’s
25current appropriation.
26(3) For money or damages on express contract, or for an injury
27for which the state is liable.
28(4) For which settlement is not otherwise provided for by statute
29or constitutional
provision.
30(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
31for filing a claim described in subdivisionbegin delete (b).end deletebegin insert (b), except for claims
32for reissuance of stale, dated, or replacement warrants as
33described in subparagraph (B) of paragraph (2) of subdivision
34(b).end insert This fee shall be deposited into thebegin delete Generalend deletebegin insert Service Revolvingend insert
35 Fund andbegin delete mayend deletebegin insert
shall onlyend insert bebegin delete appropriated inend deletebegin insert available for theend insert
36 support of thebegin delete board as reimbursements to Item 7870-001-0001 of begin insert Department of General
37Section 2.00 of the annual Budget Act.end delete
38Services upon appropriation by the Legislature.end insert
39(1) The fee shall not apply to the following persons:
P62 1(A) Persons who are receiving benefits pursuant to the
2Supplemental Security Income (SSI) and State Supplementary
3Payment (SSP) programs (Article 5 (commencing with Section
412200) of Chapter
3 of Part 3 of Division 9 of the Welfare and
5Institutions Code), the California Work Opportunity and
6Responsibility to Kids Act (CalWORKs) program (Chapter 2
7(commencing with Section 11200) of Part 3 of Division 9 of the
8Welfare and Institutions Code), the federal Supplemental Nutrition
9Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
1017000 of the Welfare and Institutions Code.
11(B) Persons whose monthly income is 125 percent or less of the
12current monthly poverty line annually established by the Secretary
13of California Health and Human Services pursuant to the federal
14Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35),
15as amended.
16(C) Persons who are sentenced to imprisonment in a state prison
17or confined in a county jail, or who are residents in a state
18institution and, within 90 days prior to the date the claim is filed,
19have a balance of one hundred
dollars ($100) or less credited to
20the inmate’s or resident’s trust account. A certified copy of the
21statement of the account shall be submitted.
22(2) Any claimant who requests a fee waiver shall attach to the
23application a signed affidavit requesting the waiver and verification
24of benefits or income and any other required financial information
25in support of the request for the waiver.
26(3) Notwithstanding any other law, an applicant shall not be
27entitled to a hearing regarding the denial of a request for a fee
28waiver.
29(d) The time for thebegin delete boardend deletebegin insert
Department of General Servicesend insert to
30determine the sufficiency, timeliness, or any other aspect of the
31claim shall begin when any of the following occur:
32(1) The claim is submitted with the filing fee.
33(2) The fee waiver is granted.
34(3) The filing fee is paid to thebegin delete boardend deletebegin insert departmentend insert upon the
35begin delete board’send deletebegin insert department’send insert denial of the fee waiver request, so long as
36payment is received within 10 calendar days
of the mailing of the
37notice of the denial.
38(e) Upon approval of the claim by thebegin delete board,end deletebegin insert
Department of
39General Services,end insert the fee shall be reimbursed to the claimant,
40except that no fee shall be reimbursed if the approved claim was
P63 1for the payment of an expired warrant. Reimbursement of the filing
2fee shall be paid by the state entity against which the approved
3claim was filed. If the claimant was granted a fee waiver pursuant
4to this section, the amount of the fee shall be paid by the state
5entity to thebegin delete board.end deletebegin insert department.end insert The reimbursement to the claimant
6or the payment to thebegin delete boardend deletebegin insert departmentend insert shall be made at the time
7the claim is paid by the state entity, or shall be added
to the amount
8appropriated for the claim in an equity claims bill.
9(f) The board may assess a surcharge to the state entity against
10which the approved claim was filed in an amount not to exceed
1115 percent of the total approved claim. The board shall not include
12the refunded filing fee in the surcharge calculation. This surcharge
13shall be deposited into the General Fund and may be appropriated
14in support of the board as reimbursements to Item 7870-001-0001
15of Section 2.00 of the annual Budget Act.
16(1) The surcharge shall not apply to approved claims to reissue
17expired warrants.
18(2) Upon the request of thebegin delete boardend deletebegin insert departmentend insert in a
form
19prescribed by the Controller, the Controller shall transfer the
20begin delete surcharges andend delete
fees from the state entity’s appropriation to the
21appropriation for the support of thebegin delete board.end deletebegin insert department.end insert However,
22thebegin delete boardend deletebegin insert
departmentend insert shall not request an amount that shall be
23submitted for legislative approval pursuant to Section 13928.
24(g) The filing fee required by subdivision (c) shall apply to all
25claims filed after June 30, 2004, or the effective date of this statute.
26The surcharge authorized by subdivision (f) may be calculated and
27included in claims paid after June 30, 2004, or the effective date
28of the statute adding this subdivision.
29(h) This section shall not apply to claims made for a violation
30of the California Whistleblower Protection Act (Article 3
31(commencing with Section 8547) of Chapter 6.5 of Division 1 of
32Title 2).
begin insertSection 905.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
Notwithstanding any otherbegin delete provision ofend delete law to the
36contrary, no claim shall be submitted by a local agency or school
37district, nor shall a claim be considered by thebegin delete California Victim begin insert Department of
38Compensation and Government Claims Boardend delete
39General Servicesend insert pursuant to Section 905.2, if that claim is eligible
40for consideration by the Commission on State Mandates pursuant
P64 1to Article 1 (commencing with Section 17550) of Chapter 4 of
2Part 7 of Division 4 of Title 2.
begin insertSection 906 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert
(a) As used in this section, “amount allowed on the claim”
6means the amount allowed by thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
7and Government Claims Boardend delete
8 on a claim allowed, in whole or in part, or the amount offered by
9thebegin delete boardend deletebegin insert departmentend insert to settle or compromise a claim.
10(b) Except as otherwise provided in this subdivision, no interest
11is payable on the
amount allowed on the claim if payment of the
12claim is subject to approval of an appropriation by the Legislature.
13If an appropriation is made for the payment of a claim described
14in this subdivision, interest on the amount appropriated for the
15payment of the claim commences to accrue 180 days after the
16effective date of the act by which the appropriation is enacted.
begin insertSection 911.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
(a) A claim relating to a cause of action for death or
20for injury to person or to personal property or growing crops shall
21be presented as provided in Article 2 (commencing with Section
22915) not later than six months after the accrual of the cause of
23action. A claim relating to any other cause of action shall be
24presented as provided in Article 2 (commencing with Section 915)
25not later than one year after the accrual of the cause of action.
26(b) For purposes of determining whether a claim was
27commenced within the period provided by law, the date the claim
28was presented to thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert is one
29Government Claims Boardend delete
30of the following:
31(1) The date the claim is submitted with a twenty-five dollar
32($25) filing fee.
33(2) If a fee waiver is granted, the date the claim was submitted
34with the affidavit requesting the fee waiver.
35(3) If a fee waiver is denied, the date the claim was submitted
36with the affidavit requesting the fee waiver, provided the filing
37fee is paid to thebegin delete boardend deletebegin insert departmentend insert within 10 calendar days of the
38mailing of the notice of the denial of the fee waiver.
begin insertSection 912.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
(a) The Trustees of the California State University shall
2act on a claim against the California State University in accordance
3with the procedure that the Trustees of the California State
4University provide by rule.
5(b) Nothing in this section authorizes the Trustees of the
6California State University to adopt any rule that is inconsistent
7with this part.
8(c) If a claim for money or damages against the California State
9University is mistakenly presented to thebegin delete Victim Compensation begin insert Department of General
Services,end insert
10and Government Claims Board,end delete
11 thebegin delete Victim Compensation and Government Claims Boardend delete
12begin insert
Department of General Servicesend insert shall immediately notify the
13claimant of the error and shall include information on proper filing
14of the claim.
begin insertSection 915 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
16read:end insert
(a) A claim, any amendment thereto, or an application
18to the public entity for leave to present a late claim shall be
19presented to a local public entity by either of the following means:
20(1) Delivering it to the clerk, secretary or auditor thereof.
21(2) Mailing it to the clerk, secretary, auditor, or to the governing
22body at its principal office.
23(b) Except as provided in subdivisions (c) and (d), a claim, any
24amendment thereto, or an application for leave to file a late claim
25shall be presented to the state by either of the following means:
26(1) Delivering it to an office
of thebegin delete Victim Compensation and begin insert
Department of General Services.end insert
27Government Claims Board.end delete
28(2) Mailing it to thebegin delete Victim Compensation and Government begin insert Department of General Servicesend insert at its principal
29Claims Boardend delete
30office.
31(c) A claim, any amendment thereto, or an application for leave
32to file a late claim shall be presented to a judicial branch entity in
33accordance with the following means:
34(1) Delivering or mailing it to the court executive officer, if
35against a superior court or a judge, court executive officer, or trial
36court employee, as defined in Section 811.9, of that court.
37(2) Delivering or mailing it to the clerk/administrator of the
38court of appeals, if against a court of appeals or a judge of that
39court.
P66 1(3) Delivering or mailing it to the Clerk of the Supreme Court,
2if against the Supreme Court or a judge of that court.
3(4) Delivering or mailing it to the Secretariat of the Judicial
4Council, if against the Judicial Council or the Administrative Office
5of the Courts.
6(d) A claim, any amendment thereto, or an application for leave
7to file a late claim shall be presented to the Trustees of the
8California State University by delivering or mailing it to the Office
9of Risk Management at the Office of the Chancellor of the
10California State University.
11(e) A claim, amendment or application shall be deemed to have
12
been presented in compliance with this section even though it is
13not delivered or mailed as provided in this section if, within the
14time prescribed for presentation thereof, any of the following apply:
15(1) It is actually received by the clerk, secretary,begin delete auditorend deletebegin insert
auditor,end insert
16 or board of the local public entity.
17(2) It is actually received at an office of thebegin delete Victim begin insert Department of
18Compensation and Government Claims Board.end delete
19General Services.end insert
20(3) If against the California State University, it is actually
21received by the Trustees of the California State University.
22(4) If against a judicial branch entity or judge, it is actually
23received by the court executive officer, court clerk/administrator,
24court clerk, or secretariat of the judicial branch entity.
25(f) A claim, amendment or application
shall be deemed to have
26been presented in compliance with this section to a public agency
27as defined in Section 53050 if it is delivered or mailed within the
28time prescribed for presentation thereof in conformity with the
29information contained in the statement in the Roster of Public
30Agencies pertaining to that public agency which is on file at the
31time the claim, amendment or application is delivered or mailed.
32As used in this subdivision, “statement in the Roster of Public
33Agencies” means the statement or amended statement in the Roster
34of Public Agencies in the office of the Secretary of State or in the
35office of the county clerk of any county in which the statement or
36amended statement is on file.
begin insertSection 920 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
38read:end insert
As used in this chapter, “omnibus claim appropriation”
40means an act of appropriation, or an item of appropriation in a
P67 1budget act, by which the Legislature appropriates a lump sum to
2pay the claim of thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert or its
3Government Claims Boardend delete
4secretary against the state in an amount that the Legislature has
5determined is properly chargeable to the state.
begin insertSection 925 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
7read:end insert
As used in this chapter,begin delete “board”end deletebegin insert “department”end insert means the
9
begin delete California Victim Compensation and Government Claims Board.end delete
10
begin insert Department of General Services.end insert
begin insertSection 925.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
Any person having a claim against thebegin delete Stateend deletebegin insert stateend insert for
14which appropriations have been made, or for which state funds
15are available, may present it to the Controller in the form and
16manner prescribed by the general rules and regulations adopted
17by thebegin delete boardend deletebegin insert departmentend insert for the presentation and audit of claims.
begin insertSection 925.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) The Controller shall not draw his or her warrant for
21any claim until it has been audited by him or her in conformity
22with law and the general rules and regulations adopted by the
23begin delete board,end deletebegin insert department,end insert governing the presentation and audit of claims.
24Whenever the Controller is directed by law to draw his or her
25warrant for any purpose, the direction is subject to this section.
26(b) Notwithstanding the provisions of subdivision (a), the
27Assembly Committee on Rules, the Senate Committee on Rules,
28and the Joint Rules Committee, in
cooperation with the Controller,
29shall adopt rules and regulations to govern the presentation of
30claims of the committees to the Controller. The Controller, in
31cooperation with the committees, shall adopt rules and regulations
32governing the audit and recordkeeping of claims of the committees.
33All rules and regulations shall be adopted by January 31, 1990,
34shall be published in the Assembly and Senate Journals, and shall
35be made available to the public.
36(c) Rules and regulations adopted pursuant to subdivision (b)
37shall not be subject to the review by or approval of the Office of
38Administrative Law.
39(d) Records of claims kept by the Controller pursuant to
40subdivision (b) shall be open to public inspection as permitted by
P68 1the California Public Records Act (Chapter 3.5 (commencing with
2Section 6250) of Division 7 of Title 1).
begin insertSection 926 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert
If hebegin insert or sheend insert disapproves a claim, the Controller shall file
6it and a statement of hisbegin insert or herend insert disapproval and hisbegin insert or herend insert reasons
7with thebegin delete boardend deletebegin insert departmentend insert as prescribed in the rules and regulations
8of thebegin delete board.end deletebegin insert
department.end insert
begin insertSection 926.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
The Controller shall not entertain for a second time a
12claim against thebegin delete Stateend deletebegin insert stateend insert once rejected by himbegin insert or herend insert or by the
13Legislature unless such facts are subsequently presented to the
14begin delete boardend deletebegin insert departmentend insert as in suits between individualsbegin insert thatend insert
would furnish
15sufficient ground for granting a new trial.
begin insertSection 926.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert
Any person who is aggrieved by the disapproval of a
19claim by thebegin delete Controller,end deletebegin insert Controllerend insert may appeal to thebegin delete board.end delete
20begin insert department.end insert If thebegin delete boardend deletebegin insert departmentend insert finds that facts are presented
21justifying such action, the Controller shall reconsider hisbegin insert
or herend insert
22 rejection of the claim.
begin insertSection 926.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
After final rejection of a claim by the Controller
26following reconsideration, any person interested may appeal to
27the Legislature by filing with thebegin delete boardend deletebegin insert departmentend insert a notice of
28appeal. Upon receipt of such notice thebegin delete boardend deletebegin insert departmentend insert shall
29transmit to the Legislature the rejected claim, all papers
30accompanying it, and a statement of the evidence taken before the
31
begin delete board.end deletebegin insert
department.end insert
begin insertSection 927.13 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33to read:end insert
(a) Unless otherwise provided for by statute, any state
35agency that fails to submit a correct claim schedule to the
36Controller within 30 days of receipt of a notice of refund or other
37payment due, and fails to issue payment within 45 days from the
38notice of refund or other payment due, shall be liable for penalties
39on the undisputed amount pursuant to this section. The penalties
40shall be paid out of the agency’s funds at a rate equal to the Pooled
P69 1Money Investment Account daily rate on June 30 of the prior fiscal
2year minus 1 percent. The penalties shall cease to accrue on the
3date full payment or refund is made. If the amount of the penalty
4is ten dollars ($10) or less, the penalty shall be waived and not
5paid by the state agency. On an exception basis, state agencies
6may avoid payment of penalties for failure to submit a
correct
7claim schedule to the Controller by paying the claimant directly
8from the state agency’s revolving fund within 45 calendar days
9following the agency’s receipt of the notice of refund or other
10payment due.
11(b) The Controller shall pay claimants within 15 calendar days
12of receipt of a correct claim schedule from the state agency. If the
13Controller fails to make payment within 15 calendar days of receipt
14of the claim schedule from a state agency, and payment is not
15issued within 45 calendar days following the agency’s receipt of
16a notice of refund or undisputed payment due, the Controller shall
17pay applicable penalties to the claimant. Penalties shall cease to
18accrue on the date full payment is made, and shall be paid out of
19the Controller’s funds. If the amount of the penalty is ten dollars
20($10) or less, the penalty shall be waived and not paid by the
21Controller.
22(c) No
person shall receive an interest payment pursuant to this
23section if it is determined that the person has intentionally overpaid
24on a liability solely for the purpose of receiving a penalty payment.
25(d) No penalty shall accrue during any time period for which
26there is no Budget Act in effect, nor on any payment or refund that
27is the result of a federally mandated program or that is directly
28dependent upon the receipt of federal funds by a state agency.
29(e) This section shall not apply to any of the following:
30(1) Payments, refunds, or credits for income tax purposes.
31(2) Payment of claims for reimbursement for health care services
32or mental health services provided under the Medi-Cal program,
33pursuant to Chapter 7 (commencing with Section 14000) of Part
34
3 of Division 9 of the Welfare and Institutions Code.
35(3) Any payment made pursuant to a public social service or
36public health program to a recipient of benefits under that program.
37(4) Payments made on claims by thebegin delete California Victim begin insert Department of
38Compensation and Government Claims Board.end delete
39General Services.end insert
40(5) Payments made by the Commission on State Mandates.
P70 1(6) Payments made by the Department of Human Resources
2pursuant to Section 19823.
begin insertSection 935.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
(a) Thebegin delete Victim Compensation and Government Claims begin insert Department of General Servicesend insert may authorize any state
6Boardend delete
7agency to settle and pay claims filed pursuant to Section 905.2 if
8the settlement does not exceed one thousand dollars ($1,000) or a
9lesser amount as thebegin delete boardend deletebegin insert departmentend insert may determine, or to reject
10the claim and provide the notice required by Section 913. The
11begin delete boardend deletebegin insert
departmentend insert may require state agencies that it so authorizes
12to report annually to thebegin delete boardend deletebegin insert
departmentend insert concerning the claims
13resolved pursuant to this section.
14(b) As used in this section, “state agency” means any office,
15officer, department, division, bureau, board, commission, or agency
16of the state, claims against which are paid by warrants drawn by
17the Controller, but does not mean any judicial branch entity, as
18defined in Section 900.3, or any judge thereof.
begin insertSection 935.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert
(a) Notwithstanding Section 935.6, the Department of
22Transportation may deny or adjust and pay any claim arising out
23of the activities of the department without the prior approval of
24thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert if both of the following
25Boardend delete
26conditions exist:
27(1) The amount claimed is equal to or less than the amount
28specified as the small claims court jurisdictional amount in Section
29116.221 of the Code of Civil Procedure.
30(2) The Director of Finance
or the Director of Transportation
31certifies that a sufficient appropriation for the payment of the claim
32exists.
33(b) If the department elects not to pay any claim, the department
34shall provide the notice required by Section 913.
35(c) Any person who submits any claim arising out of any activity
36of the Department of Transportation shall comply with every other
37applicable provision of this part relating to claims against state
38agencies.
begin insertSection 940.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
“Board” means:
2(a) In the case of a local public entity, the governing body of
3the local public entity.
4(b) In the case of the state, except as provided by subdivisions
5(c) and (d), thebegin delete Victim Compensation and Government Claims begin insert Department of General Services.end insert
6Board.end delete
7(c) In the case of a judicial branch entity or a judge thereof, the
8Judicial Council.
9(d) In the case of the California State University,
the Trustees
10of the California State University.
begin insertSection 965 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
12read:end insert
(a) Upon the allowance by thebegin delete California Victim begin insert Department of
14Compensation and Government Claims Boardend delete
15General Servicesend insert of all or part of a claim for which the Director
16of Finance certifies that a sufficient appropriation for the payment
17of the claim exists, and the execution and presentation of
18documents thebegin delete boardend deletebegin insert departmentend insert may require that discharge the
19state of all liability under the claim, thebegin delete boardend deletebegin insert
departmentend insert shall
20designate the fund from which the claim is to be paid, and the state
21agency concerned shall pay the claim from that fund. If there is
22no sufficient appropriation for the payment available, thebegin delete boardend delete
23begin insert departmentend insert shall report to the Legislature in accordance with
24Section 912.8. Claims arising out of the activities of the State
25Department of Transportation may be paid if either the Director
26of Transportation or the Director of Finance certifies that a
27sufficient appropriation for the payment of the claim exists.
28(b) Notwithstanding subdivision (a), if there is no sufficient
29appropriation for the payment of claims, settlements, or judgments
30against the state arising from an action in which the state is
31
represented by the Attorney General, the Attorney General shall
32report the claims, settlements, and judgments to the chairperson
33of either the Senate Committee on Appropriations or the Assembly
34Committee on Appropriations, who shall cause to be introduced
35legislation appropriating funds for the payment of the claims,
36settlements, or judgments.
37(c) Notwithstanding subdivision (a) or (b), claims, settlements,
38or judgments arising out of the activities of a judicial branch entity,
39as defined by Sections 900.3 and 940.3, or a judge thereof may be
40paid if the Judicial Council authorizes payment and the
P72 1Administrative Director of the Courts certifies that sufficient funds
2for that payment exist from funds allocated to settlement,
3adjustment, and compromise of actions and claims. If sufficient
4funds for payment of settlements or judgments do not exist, the
5Administrative Director of the Courts shall report the settlements
6and judgments to the
chairperson of either the Senate Committee
7on Appropriations or the Assembly Committee on Appropriations,
8who shall cause to be introduced legislation appropriating funds
9for the payment of the settlements or judgments. If sufficient funds
10for payment of claims do not exist, the Administrative Director of
11the Courts shall report the claims to thebegin delete California Victim begin insert Department of
12Compensation and Government Claims Board,end delete
13General Services,end insert which shall have 90 days to object to payment.
14The Administrative Director of the Courts shall confer with the
15begin delete Chairpersonend deletebegin insert Directorend insert ofbegin delete the California Victim Compensation and begin insert
General Servicesend insert regarding any
16Government Claims Boardend delete
17objection received during the 90-day period. If thebegin delete California begin insert Department
18Victim Compensation and Government Claims Boardend delete
19of General Servicesend insert
withdraws the objection, or if no objection
20was received, the Administrative Director of the Courts shall report
21the claims to the chairperson of either the Senate Committee on
22Appropriations or the Assembly Committee on Appropriations,
23who shall cause to be introduced legislation appropriating funds
24for the payment of the claims. The Judicial Council may authorize
25any committee of the Judicial Council or any employee of the
26Administrative Office of the Courts to perform the functions of
27the Judicial Council under this section. The Administrative Director
28of the Courts may designate an executive staff member of the
29Administrative Office of the Courts to perform the functions of
30the Administrative Director of the Courts under this section.
begin insertSection 965.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert
begin deletePursuant to Section 13909, the California Victim begin insertThe Director of
34Compensation and Government Claims Board end delete
35General Services end insertmaybegin delete delegate to the executive officer the authority allow a claim filed pursuant to subdivision (c) of Section 905.2
36toend delete
37if the settlement amount of that claim does not exceed fifty
38thousand dollars ($50,000), or to reject any claim as so described.
begin insertSection 965.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
(a) A judgment for the payment of money against the
2state or a state agency is enforceable until 10 years after the time
3the judgment becomes final or, if the judgment is payable in
4installments, until 10 years after the final installment becomes due.
5(b) A judgment for the payment of money against the state or
6a state agency is not enforceable under Title 9 (commencing with
7Section 680.010) of Part 2 of the Code of Civil Procedure, but is
8enforceable under this chapter.
9(c) Interest on the amount of a judgment or settlement for the
10payment of moneys against the state shall commence to accrue
11180 days from the date of the final judgment or settlement.
12(d) Unless another statute provides a different interest rate,
13interest on a tax or fee judgment for the payment of moneys against
14the state shall accrue at a rate equal to the weekly average one year
15constant maturity United States Treasury yield at the time of the
16judgment plus 2 percent, but shall not exceed 7 percent per annum.
17(e) Subdivisions (c) and (d) shall not apply to any claim
18approved by thebegin delete California Victim Compensation and Government begin insert Department of General Services.end insert
19Claims Board.end delete
begin insertSection 997.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert
(a) Any person may file an application with the
23begin delete California Victim Compensation and Government Claims Boardend delete
24begin insert Department of General Servicesend insert for compensation based on
25personal property loss, personal injury, or death, including
26noneconomic loss, arising from the Bay Bridge or I-880 Cypress
27structure collapse caused by the October 17, 1989, earthquake.
28Any application made pursuant to this section shall be presented
29to thebegin delete boardend deletebegin insert
departmentend insert
no later than April 18, 1990, on forms
30prescribed and provided by thebegin delete board,end deletebegin insert department,end insert except that a
31late claim may be presented to thebegin delete boardend deletebegin insert departmentend insert pursuant to
32the procedure specified by Section 911.4. Each presented
33application shall be verified under penalty of perjury and shall
34contain all of the following information:
35(1) The name of the injured party or in the event of loss of life,
36the name and age of the decedent and the names and ages of heirs
37as defined in subdivision (b) of Section 377 of the Code of Civil
38Procedure.
39(2) An authorization permitting thebegin delete boardend deletebegin insert departmentend insert to obtain
40relevant medical and employment records.
P74 1(3) A brief statement describing when, where, and how the
2injury or death occurred.
3(4) A statement as to whether the applicant wishes to apply for
4emergency relief provided pursuant to Section 997.2.
5(b) Upon receipt of an application, thebegin delete boardend deletebegin insert departmentend insert shall
6evaluate the
application and may require the applicant to submit
7additional information or documents that are necessary to verify
8and evaluate the application. Thebegin delete boardend deletebegin insert
departmentend insert shall resolve
9an application within six months from the date of presentation of
10the application unless this period of time is extended by mutual
11agreement between thebegin delete boardend deletebegin insert departmentend insert and the applicant. Any
12application that is not resolved within this resolution period shall
13be deemed denied.
14(c) Following resolution of an application, if the applicant
15desires to pursue additional remedies otherwise provided by this
16division, the applicant shall file a court action within six months
17of the mailing date of thebegin delete board’send deletebegin insert department’send insert
rejection or denial
18of the application or the applicant’s rejection of thebegin delete board’send delete
19begin insert department’send insert offer.
20(d) Any claim pursuant to Part 3 (commencing with Section
21900) made before or after the effective date of this part for personal
22property loss, personal injury, or death resulting from the collapse
23of the Bay Bridge or the I-880 Cypress structure against the State
24of California, its agencies, officers, or employees, shall be deemed
25to be an application under this part and subject to the provisions
26set forth in this part. Additionally, any application made pursuant
27to this part shall be deemed to be in compliance with Part 3
28(commencing with Section 900).
29(e) Notwithstanding
any otherbegin delete provision ofend delete
law, resolution of
30applications pursuant to the provisions of this part is a condition
31precedent to the filing of any action for personal property loss,
32personal injury, or death resulting from the collapse of the Bay
33Bridge or the I-880 Cypress structure in any court of the State of
34California against the State of California, its agencies, officers, or
35employees. Any suit filed by an applicant in any court of this state
36against the State of California or its agencies, officers, or
37employees shall be stayed pending resolution of the application.
begin insertSection 998.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) Any person or business may file an application with
2thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert for compensation based
3Boardend delete
4on personal injury, property loss, business loss, or other economic
5loss, claimed to have been incurred as a result of the Lake Davis
6Northern Pike Eradication Project. Any application made pursuant
7to this section shall be presented to thebegin delete boardend deletebegin insert departmentend insert
in
8accordance with this division. A late claim may be presented to
9thebegin delete boardend deletebegin insert departmentend insert pursuant to the procedure specified by
10Section 911.4. Each application shall contain, in addition to the
11information required by Section 910, all of the following:
12(1) The legal name of any business claiming a loss, as well as
13the names of the owners and officers of the business.
14(2) For any property owner claiming diminution of property
15value, the names of all persons holding a legal interest in the
16property.
17(3) The name of any person claiming to have suffered personal
18injury.
19(4) An authorization permitting the office of the Attorney
20General or its designee to obtain relevant medical, employment,
21business, property, and tax records.
22(5) A brief statement describing when, where, and how the
23injury, loss, or diminution in market value occurred.
24(b) Upon receipt of an application presented pursuant to this
25section from thebegin delete California Victim Compensation and Government begin insert Department of General Services,end insert the office of the
26Claims Board,end delete
27Attorney General or its designee shall examine the application and
28may require the applicant to submit additional information or
29documents that are necessary to verify and evaluate
the application.
30The office of the Attorney General or its designee shall attempt to
31resolve an application within six months from the effective date
32of this part unless this period of time is extended by mutual
33agreement between the office of the Attorney General or its
34designee and the applicant. Any application that does not result in
35a final settlement agreement within the resolution period shall be
36deemed denied, allowing the claimant to proceed with a court
37action pursuant to Chapter 2 (commencing with Section 945) of
38Part 4.
39(c) The office of the Attorney General or its designee shall adopt
40guidelines in consultation with one representative designated by
P76 1the City of Portola, one representative designated by the County
2of Plumas, and one member of the public to be selected jointly by
3the city and the county. Any guidelines so developed shall be used
4to evaluate and settle claims filed pursuant to this part.
5Notwithstanding Chapter 3.5
(commencing with Section 11340)
6of Part 1 of Division 3 of Title 2, any regulations adopted
7thereunder by the Attorney General in order to implement this
8section shall not be subject to the review and approval of the Office
9of Administrative Law, nor subject to the Administrative Procedure
10Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
11(commencing with Section 11370), Chapter 4.5 (commencing with
12Section 11400), and Chapter 5 (commencing with Section 11500)
13of Part 1 of Division 3 of Title 2).
14(d) Any court action following denial of an application,
15including denial pursuant to subdivision (b), shall be filed within
16six months of the mailing date of thebegin delete board’send deletebegin insert department’send insert rejection
17or denial of the application or the applicant’s rejection of
the
18begin delete board’send deletebegin insert
department’send insert offer pursuant to Section 945.6 or subdivision
19(b) of Section 998.3.
20(e) Any claim pursuant to Part 3 (commencing with Section
21900) made before or after the effective date of this part for personal
22injury, property loss, business loss, or other economic loss resulting
23from the Lake Davis Northern Pike Eradication Project against
24the State ofbegin delete California, itend deletebegin insert California or itsend insert agencies, officers, or
25employees, shall be deemed to be an application under this part
26and is subject to the provisions set forth in this part. Additionally,
27any application made pursuant to this part shall be deemed to be
28in compliance with Part 3 (commencing with Section 900).
29(f) Notwithstanding any otherbegin delete provision ofend delete
law, the resolution
30or denial of an application pursuant to this part is a condition
31precedent to the filing of any action for personal injury, property
32damage, business loss, or other economic loss, resulting from the
33Lake Davis Northern Pike Eradication Project in any court of the
34State of California, against the State ofbegin delete California, itend deletebegin insert California or
35itsend insert agencies, officers, or employees. Any suit filed by an applicant
36in any court of this state against the State of California or its
37agencies, officers, or employees shall be stayed pending resolution
38or denial of the application.
begin insertSection 1151 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
40read:end insert
State employees may authorize deductions to be made
2from their salaries or wages for payment of one or more of the
3following:
4(a) Insurance premiums or other employee benefit programs
5sponsored by a state agency under appropriate statutory authority.
6(b) Premiums on National Service Life Insurance or United
7States Government Converted Insurance.
8(c) Shares or obligations to any regularly chartered credit union.
9(d) Recurrent fees or charges payable to a state agency for a
10program that has a purpose related to government, as determined
11by the
Controller.
12(e) The purchase of United States savings bonds in accordance
13with procedures established by the Controller.
14(f) Payment of charitable contributions under any plan approved
15by thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert in accordance with
16Boardend delete
17procedures established by the Controller.
18(g) Passes, tickets, or tokens issued for a period of one month,
19or more, by a public transportation system.
20(h) Deposit into an employee’s account with a state or federal
21bank or savings and loan association located in this
state, for
22services offered by that bank or savings and loan association.
23(i) The purchase of any investment or thrift certificate issued
24by an industrial loan company licensed by this state.
begin insertSection 3515.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert
(a) Once an employee organization is recognized as
28the exclusive representative of an appropriate unit it may enter
29into an agreement with the state employer providing for
30organizational security in the form of maintenance of membership
31or fair share fee deduction.
32(b) The state employer shall furnish the recognized employee
33organization with sufficient employment data to allow the
34organization to calculate membership fees and the appropriate fair
35share fees, and shall deduct the amount specified by the recognized
36employee organization from the salary or wages of every employee
37for the membership fee or the fair share fee. These fees shall be
38remitted monthly to the recognized employee organization along
39with an adequate
itemized record of the deductions, including, if
40required by the recognized employee organization, machine
P78 1readable data. Fair share fee deductions shall continue until the
2effective date of a successor agreement or implementation of the
3state’s last, best, and final offer, whichever occurs first. The
4Controller shall retain, from the fair share fee deduction, an amount
5equal to the cost of administering this section. The state employer
6shall not be liable in any action by a state employee seeking
7recovery of, or damages for, improper use or calculation of fair
8share fees.
9(c) Notwithstanding subdivision (b), any employee who is a
10member of a religious body whose traditional tenets or teachings
11include objections to joining or financially supporting employee
12organizations shall not be required to financially support the
13recognized employee organization. That employee, in lieu of a
14membership fee or a fair share fee deduction, shall instruct the
15
employer to deduct and pay sums equal to the fair share fee to a
16nonreligious, nonlabor organization, charitable fund approved by
17thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert for receipt of charitable
18Boardend delete
19contributions by payroll deductions.
20(d) A fair share fee provision in a memorandum of understanding
21that is in effect may be rescinded by a majority vote of all the
22employees in the unit covered by the memorandum of
23understanding, provided that: (1) a request for the vote is supported
24by a petition containing the signatures of at least 30 percent of the
25employees in the unit; (2) the vote is by secret ballot; and (3) the
26vote may be taken at any time during the term of the memorandum
27of understanding, but in
no event shall there be more than one vote
28taken during the term. If thebegin delete boardend deletebegin insert
Department of General Servicesend insert
29 determines that the appropriate number of signatures have been
30collected, it shall conduct the vote in a manner that it shall
31prescribe. Notwithstanding this subdivision, the state employer
32and the recognized employee organization may negotiate, and by
33mutual agreement provide for, an alternative procedure or
34procedures regarding a vote on a fair share fee provision.
35(e) Every recognized employee organization that has agreed to
36a fair share fee provision shall keep an adequate itemized record
37of its financial transactions and shall make available annually, to
38thebegin delete boardend deletebegin insert Department of General Servicesend insert and to the employees
39in the unit, within 90 days after the end of its fiscal year, a
detailed
40written financial report thereof in the form of a balance sheet and
P79 1an operating statement, certified as to accuracy by its president
2and treasurer or comparable officers. In the event of failure of
3compliance with this section, any employee in the unit may petition
4thebegin delete boardend deletebegin insert Department of General Servicesend insert for an order compelling
5this compliance, or thebegin delete boardend deletebegin insert Department of General Servicesend insert may
6issue a compliance order on its own motion.
7(f) If an employee who holds conscientious objections pursuant
8to subdivision (c) requests individual representation in a
grievance,
9arbitration, or administrative hearing from the recognized employee
10organization, the recognized employee organization is authorized
11to charge the employee for the reasonable cost of the representation.
12(g) An employee who pays a fair share fee shall be entitled to
13fair and impartial representation by the recognized employee
14organization. A breach of this duty shall be deemed to have
15occurred if the employee organization’s conduct in representation
16is arbitrary, discriminatory, or in bad faith.
begin insertSection 6254.17 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
(a) Nothing in this chapter shall be construed to
20require disclosure of records of the California Victim
21Compensationbegin delete and Government Claimsend delete Board that relate to a
22request for assistance under Article 1 (commencing with Section
2313950) of Chapter 5 of Part 4 of Division 3 of Title 2.
24(b) This section shall not apply to a disclosure of the following
25information, if no information is disclosed that connects the
26information to a specific victim, derivative victim, or applicant
27under Article 1 (commencing with Section 13950) of Chapter 5
28of Part 4 of Division 3 of Title 2:
29(1) The amount of money paid to a specific provider of services.
30(2) Summary data concerning the types of crimes for which
31assistance is provided.
begin insertSection 6276.08 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33to read:end insert
Cable television subscriber information,
35confidentiality of, Section 637.5, Penal Code.
36CalFresh, disclosure of information, Section 18909, Welfare and
37Institutions Code.
38California AIDS Program, personal data, confidentiality, Section
39120820, Health and Safety Code.
P80 1California Apple Commission, confidentiality of lists of persons,
2Section 75598, Food and Agricultural Code.
3California Apple Commission, confidentiality of proprietary
4information from producers or handlers, Section 75633, Food and
5Agricultural Code.
6California Asparagus Commission, confidentiality of lists of
7producers, Section 78262, Food and Agricultural Code.
8California Asparagus Commission, confidentiality of proprietary
9information from producers, Section 78288, Food and Agricultural
10Code.
11California Avocado Commission, confidentiality of information
12from handlers, Section 67094, Food and Agricultural Code.
13California Avocado Commission, confidentiality of proprietary
14information from handlers, Section 67104, Food and Agricultural
15Code.
16California Cherry Commission, confidentiality of proprietary
17information from producers, processors, shippers, or
18grower-handlers, Section 76144, Food and Agricultural Code.
19California Children’s Services Program, confidentiality of factor
20replacement therapy contracts, Section 123853, Health and Safety
21Code.
22California Cut Flower Commission, confidentiality of lists of
23
producers, Section 77963, Food and Agricultural Code.
24California Cut Flower Commission, confidentiality of proprietary
25information from producers, Section 77988, Food and Agricultural
26Code.
27California Date Commission, confidentiality of proprietary
28information from producers and grower-handlers, Section 77843,
29Food and Agricultural Code.
30California Egg Commission, confidentiality of proprietary
31information from handlers or distributors, Section 75134, Food
32and Agricultural Code.
33California Forest Products Commission, confidentiality of lists
34of persons, Section 77589, Food and Agricultural Code.
35California Forest Products Commission, confidentiality of
36proprietary information from producers, Section 77624, Food and
37Agricultural Code.
38California Iceberg
Lettuce Commission, confidentiality of
39information from handlers, Section 66624, Food and Agricultural
40Code.
P81 1California Kiwifruit Commission, confidentiality of proprietary
2information from producers or handlers, Section 68104, Food and
3Agricultural Code.
4California Navel Orange Commission, confidentiality of
5proprietary information from producers or handlers and lists of
6producers and handlers, Section 73257, Food and Agricultural
7Code.
8California Pepper Commission, confidentiality of lists of
9producers and handlers, Section 77298, Food and Agricultural
10Code.
11California Pepper Commission, confidentiality of proprietary
12information from producers or handlers, Section 77334, Food and
13Agricultural Code.
14California Pistachio Commission, confidentiality of proprietary
15information from producers or
processors, Section 69045, Food
16and Agricultural Code.
17California Salmon Commission, confidentiality of fee
18transactions records, Section 76901.5, Food and Agricultural Code.
19California Salmon Commission, confidentiality of request for
20list of commercial salmon vessel operators, Section 76950, Food
21and Agricultural Code.
22California Seafood Council, confidentiality of fee transaction
23records, Section 78553, Food and Agricultural Code.
24California Seafood Council, confidentiality of information on
25volume of fish landed, Section 78575, Food and Agricultural Code.
26California Sheep Commission, confidentiality of proprietary
27information from producers or handlers and lists of producers,
28Section 76343, Food and Agricultural Code.
29California State University
contract law, bids, questionnaires
30and financial statements, Section 10763, Public Contract Code.
31California State University Investigation of Reported Improper
32Governmental Activities Act, confidentiality of investigative audits
33completed pursuant to the act, Section 89574, Education Code.
34California Table Grape Commission, confidentiality of
35information from shippers, Section 65603, Food and Agricultural
36Code.
37California Tomato Commission, confidentiality of lists of
38producers, handlers, and others, Section 78679, Food and
39Agricultural Code.
P82 1California Tomato Commission, confidentiality of proprietary
2information, Section 78704, Food and Agricultural Code.
3California Tourism Marketing Act, confidentiality of information
4pertaining to businesses paying the assessment under the act,
5Section
13995.54.
6California Victim Compensationbegin delete and Government Claimsend delete Board,
7disclosure not required of records relating to assistance requests
8under Article 1 (commencing with Section 13950) of Chapter 5
9of Part 4 of Division 3 of Title 2, Section 6254.17.
10California Walnut Commission, confidentiality of lists of
11producers, Section 77101, Food and Agricultural Code.
12California Walnut Commission, confidentiality of proprietary
13information from producers or handlers, Section 77154, Food and
14Agricultural Code.
15California Wheat Commission, confidentiality of proprietary
16information from handlers and lists of producers, Section 72104,
17Food and Agricultural Code.
18California Wheat Commission, confidentiality of requests for
19
assessment refund, Section 72109, Food and Agricultural Code.
20California Wine Commission, confidentiality of proprietary
21information from producers or vintners, Section 74655, Food and
22Agricultural Code.
23California Wine Grape Commission, confidentiality of
24proprietary information from producers and vintners, Section
2574955, Food and Agricultural Code.
begin insertSection 7599.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
Distribution of Moneys from the Safe Neighborhoods
29and Schools Fund.
30(a) By August 15 of each fiscal year beginning in 2016, the
31Controller shall disburse moneys deposited in the Safe
32Neighborhoods and Schools Fund as follows:
33(1) Twenty-five percent to the State Department of Education,
34to administer a grant program to public agencies aimed at
35improving outcomes for public school pupils in kindergarten and
36grades 1 to 12, inclusive, by reducing truancy and supporting
37students who are at risk of dropping out of school or are victims
38of crime.
39(2) Ten percent to the California Victim Compensationbegin delete and
Board, to make grants to trauma recovery
40Government Claimsend delete
P83 1centers to provide services to victims of crime pursuant to Section
213963.1 of the Government Code.
3(3) Sixty-five percent to the Board of State and Community
4Corrections, to administer a grant program to public agencies aimed
5at supporting mental health treatment, substance abuse treatment,
6and diversion programs for people in the criminal justice system,
7with an emphasis on programs that reduce recidivism of people
8convicted of less serious crimes, such as those covered by this
9measure, and those who have substance abuse and mental health
10problems.
11(b) For each program set forth in paragraphs (1) to (3), inclusive,
12of subdivision (a), the agency responsible for administering the
13programs shall not spend more than 5 percent of the total funds it
14receives from the Safe Neighborhoods and Schools Fund on an
15annual basis for
administrative costs.
16(c) Every two years, the Controller shall conduct an audit of the
17grant programs operated by the agencies specified in paragraphs
18(1) to (3), inclusive, of subdivision (a) to ensure the funds are
19disbursed and expended solely according to this chapter and shall
20report his or her findings to the Legislature and the public.
21(d) Any costs incurred by the Controller and the Director of
22Finance in connection with the administration of the Safe
23Neighborhoods and Schools Fund, including the costs of the
24calculation required by Section 7599.1 and the audit required by
25subdivision (c), as determined by the Director of Finance, shall be
26deducted from the Safe Neighborhoods and Schools Fund before
27the funds are disbursed pursuant to subdivision (a).
28(e) The funding established pursuant to this act shall be
used to
29expand programs for public school pupils in kindergarten and
30grades 1 to 12, inclusive, victims of crime, and mental health and
31substance abuse treatment and diversion programs for people in
32the criminal justice system. These funds shall not be used to
33supplant existing state or local funds utilized for these purposes.
34(f) Local agencies shall not be obligated to provide programs
35or levels of service described in this chapter above the level for
36which funding has been provided.
begin insertSection 8652 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
38read:end insert
Before payment may be made by the state to any person
40in reimbursement for taking or damaging private property
P84 1necessarily utilized by the Governor in carrying out his or her
2responsibilities under this chapter during a state of war emergency
3or state of emergency, or for services rendered at the instance of
4the Governor under those conditions, the person shall present a
5claim to thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert in accordance with
6Claims Boardend delete
7the provisions of the Government Code governing the presentation
8of claims against the state for the taking or damaging of private
9
property for public use, which provisions shall govern the
10presentment, allowance, or rejection of the claims and the
11conditions upon which suit may be brought against the state.
12Payment for property or services shall be made from any funds
13appropriated by the state for that purpose.
begin insertSection 8902 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
15read:end insert
During those times that a Member of the Legislature is
17required to be in Sacramento to attend a session of the Legislature
18and during those times that a member is traveling to and from, or
19is in attendance at, any meeting of a committee of which he or she
20is a member or is attending to any other legislative function or
21responsibility as authorized or directed by the rules of the house
22of which he or she is a member or by the joint rules, he or she shall
23be entitled to reimbursement of his or her living expenses at a rate
24established by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert
that
25Government Claims Boardend delete
26is not less than the rate provided to federal employees traveling to
27Sacramento.
begin insertArticle 5.2 (commencing with Section 9112) is added
29to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the end insertbegin insertGovernment
30Codeend insertbegin insert, to read:end insert
31
(a) Notwithstanding any other law, including Section
359108, the Joint Rules Committee may pursue the construction of
36a state capitol building annex or the restoration, rehabilitation,
37renovation, or reconstruction of the State Capitol Building Annex
38described in Section 9105.
39
(b) (1) All work performed pursuant to this article shall be
40administered and supervised by the Department of General
P85 1Services, subject to review by the State Public Works Board,
2pursuant to an agreement with the Joint Rules Committee.
3
(2) The Department of General Services shall report to the Joint
4Rules Committee on the scope, budget, delivery method, and
5schedule for any space to be
constructed, restored, rehabilitated,
6renovated, or reconstructed pursuant to this article.
7
(c) (1) Notwithstanding any other law, any action or proceeding
8alleging that a public agency has approved or is undertaking work
9pursuant to this article in violation of the California Environmental
10Quality Act (Division 13 (commencing with Section 21000) of the
11Public Resources Code) shall be subject to Chapter 6.7
12(commencing with Section 21189.50) of Division 13 of the Public
13Resources Code.
14
(2) The State Public Works Board shall not be deemed a lead
15or responsible agency for purposes of the California Environmental
16Quality Act (Division 13 (commencing with Section 21000) of the
17Public Resources Code) for any activities under this article. This
18section is declarative of existing law.
19
(d) Notwithstanding any other law, all work performed pursuant
20to this article by the Department of General Services shall be
21exempt from the State Contract Act (Chapter 1 (commencing with
22Section 10100) of Part 2 of Division 2 of the Public Contract
23Code).
24
(e) Prevailing wages shall be paid to all workers employed on
25a project that is subject to this article, in accordance with Article
262 (commencing with Section 1770) of Chapter 1 of Part 7 of
27Division 2 of the Labor Code.
begin insertSection 11007.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
Any state agency may, subject to rules and regulations
31of thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services,end insert insure its officers and
32Board,end delete
33employees not covered by Part 2.6 (commencing with Section
3419815) of Division 5 against injury or death incurred while flying
35on state business in any, except regularly scheduled, passenger
36aircraft.
begin insertSection 11014 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
(a) In exercising the powers and duties granted to and
2imposed upon it, any state agency may construct and maintain
3communication lines as may be necessary.
4(b) In providing communications and necessary powerlines in
5connection with activities under subdivision (a), the agency, with
6the approval of the Department of General Services, may enter
7into contracts with owners of similar facilities for use of their
8facilities, such as pole lines, and provisions may be made for
9indemnification and holding harmless of the owners of those
10facilities by reason of this use. Insurance may be purchased by the
11Department of General Services, upon request of the agency, to
12protect the state against loss or expense arising out of the
contract.
13(c) Any claim for damages arising against the state under this
14section shall be presented to thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
15and Government Claims Boardend delete
16 in accordance with Sections 905.2 and 945.4, and if not covered
17by insurance as provided under subdivision (b), the claim shall be
18payable only out of funds appropriated by the Legislature for this
19purpose. If the state elects to insure its liability under this section,
20thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert may
automatically deny
21Boardend delete
22that claim.
begin insertSection 11030.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
When a state employee not covered by Part 2.6
26(commencing with Section 19815) of Division 5 dies while
27traveling on official state business, the state shall, under rules and
28regulations adopted by thebegin delete California Victim Compensation and begin insert Department of General Services,end insert pay
29Government Claims Board,end delete
30the traveling expenses necessary to return the body to his or her
31official headquarters or the place of burial. This subdivision shall
32not be construed to authorize the payment of the traveling expenses,
33either going or returning, of one accompanying that body.
begin insertSection 11030.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
Any state officer or employee not covered by Part
372.6 (commencing with Section 19815) of Division 5 when working
38overtime at his or her headquarters on state business may receive
39his or her actual and necessary expenses, during his or her regular
40workweek, subject to rules and regulations adopted by the
P87 1begin delete California Victim Compensation and Government Claims Boardend delete
2begin insert Department of General Servicesend insert limiting the amount of the
3expenses and prescribing the conditions under which the expenses
4may be paid. However, each state agency may determine the
5necessity for and limit these expenses of its employees in a manner
6that does
not conflict with and is within the limitations prescribed
7by thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services.end insert
8Board.end delete
begin insertSection 11031 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
The headquarters of elective constitutional officers,
12other than Members of the Legislature, shall be established by the
13filing of a written statement with thebegin delete California Victim begin insert Department of
14Compensation and Government Claims Boardend delete
15General Servicesend insert that certifies that the selected headquarters is the
16place where the officer spends the largest portion of his or her
17regular workdays or working time.
begin insertSection 11125.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) Except as otherwise provided in this section, the
21state body shall provide an opportunity for members of the public
22to directly address the state body on each agenda item before or
23during the state body’s discussion or consideration of the item.
24This section is not applicable if the agenda item has already been
25considered by a committee composed exclusively of members of
26the state body at a public meeting where interested members of
27the public were afforded the opportunity to address the committee
28on the item, before or during the committee’s consideration of the
29item, unless the item has been substantially changed since the
30committee heard the item, as determined by the state body. Every
31notice for a special meeting at which action is proposed to be taken
32on an item shall provide an opportunity for members of the
public
33to directly address the state body concerning that item prior to
34action on the item. In addition, the notice requirement of Section
3511125 shall not preclude the acceptance of testimony at meetings,
36other than emergency meetings, from members of the public if no
37action is taken by the state body at the same meeting on matters
38brought before the body by members of the public.
39(b) The state body may adopt reasonable regulations to ensure
40that the intent of subdivision (a) is carried out, including, but not
P88 1limited to, regulations limiting the total amount of time allocated
2for public comment on particular issues and for each individual
3speaker.
4(c) (1) Notwithstanding subdivision (b), when a state body
5limits time for public comment the state body shall provide at least
6twice the allotted time to a member of the public who utilizes a
7translator to ensure
that non-English speakers receive the same
8opportunity to directly address the state body.
9(2) Paragraph (1) shall not apply if the state body utilizes
10simultaneous translation equipment in a manner that allows the
11state body to hear the translated public testimony simultaneously.
12(d) The state body shall not prohibit public criticism of the
13policies, programs, or services of the state body, or of the acts or
14omissions of the state body. Nothing in this subdivision shall confer
15any privilege or protection for expression beyond that otherwise
16provided by law.
17(e) This section is not applicable to closed sessions held pursuant
18to Section 11126.
19(f) This section is not applicable to decisions regarding
20proceedings held pursuant to Chapter 5 (commencing
with Section
2111500), relating to administrative adjudication, or to the conduct
22of those proceedings.
23(g) This section is not applicable to hearings conducted by the
24California Victim Compensationbegin delete and Government Claimsend delete
Board
25pursuant to Sections 13963 and 13963.1.
26(h) This section is not applicable to agenda items that involve
27decisions of the Public Utilities Commission regarding adjudicatory
28hearings held pursuant to Chapter 9 (commencing with Section
291701) of Part 1 of Division 1 of the Public Utilities Code. For all
30other agenda items, the commission shall provide members of the
31public, other than those who have already participated in the
32proceedings underlying the agenda item, an opportunity to directly
33address the commission before or during the commission’s
34consideration of the item.
begin insertSection 11125.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
36to read:end insert
(a) Notwithstanding Section 11131.5, in any hearing
38that the California Victim Compensationbegin delete and Government Claimsend delete
39 Board conducts pursuant to Section 13963.1 and that the applicant
40or applicant’s representative does not request be open to the public,
P89 1no notice, agenda, announcement, or report required under this
2article need identify the applicant.
3(b) In any hearing that the board conducts pursuant to Section
413963.1 and that the applicant or applicant’s representative does
5not request be open to the public, the board shall disclose that the
6hearing is being held pursuant to Section 13963.1. That disclosure
7shall be deemed to satisfy the
requirements of subdivision (a) of
8Section 11126.3.
begin insertSection 11270 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
As used in this article, “administrative costs” means
12the amounts expended by the Legislature, the Legislative Counsel
13Bureau, the Governor’s Office, the Department of Technology,
14the Office of Planning and Research, the Department of Justice,
15the State Controller’s Office, the State Treasurer’s Office, the State
16Personnel Board, the Department of Finance, thebegin insert Department ofend insert
17 Financial Information System for California, the Office of
18Administrative Law, the Department of Human Resources, the
19Secretary of California Health and Human Services, the California
20State Auditor’s Office, and the California State Library, and a
21proration of any other cost to or expense of the state for services
22or facilities provided for the Legislature and the above
agencies,
23for supervision or administration of the state government or for
24services to other state agencies.
begin insertSection 11270.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert
(a) The Central Service Cost Recovery Fund is hereby
28created in the State Treasury. The Central Service Cost Recovery
29Fund shall consist of those amounts transferred in accordance with
30Section 11274, and any interest earnings. Money in the Central
31Service Cost Recovery Fund shall be appropriated for the
32administration of the state government, as determined or
33redetermined by thebegin delete Directorend deletebegin insert Departmentend insert of Finance in accordance
34with this article and Sections 13332.02 and 13332.03.
35(b) Unless otherwise authorized by law, moneys in the
Central
36Service Cost Recovery Fund, to the extent not currently required
37to fund any appropriation, shall not be used, loaned, borrowed,
38assessed, allocated, or transferred unless approved by thebegin delete Directorend delete
39begin insert Departmentend insert of Finance, except for cashflow borrowing by the
40General Fund pursuant to Section 16310. The Controller shall
P90 1transfer the unexpended balance of those moneys in the Central
2Service Cost Recovery Fund to the General Fund as determined
3or redetermined by thebegin delete Directorend deletebegin insert Departmentend insert of Finance.
begin insertSection 11274 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
begin delete(a)end deletebegin delete end deletebegin insertNotwithstanding any other law, the Department of
7Finance may allocate and charge a fair share of the administrative
8costs to all funds directly. end insertThe Department of Finance shall certify
9begin delete annuallyend delete to the Controller the amount determined to be the fair
10share of administrative costs due and payable from each statebegin delete11 agency and shall certify forthwith to the Controller any amount
12redetermined to be the fair share of administrative costs due and
13payable from any state agency. The Controller shall forthwith
14transmit to each state agency from which administrative costs have
15been determined or redetermined to be due, a statement in writing
16setting forth the amount of the administrative
costs due from the
17state agency, and stating that, unless a written request to defer
18payment thereof is filed by the state agency with the Controller
19within 30 days after the mailing of the statement by the Controller
20to the state agency,end delete
21during the year, may direct the Controller to advance a reasonable
22amount for administrative costs from a fund designated in
23accordance with Section 11271. Upon order of the Department of
24Finance of the timing and the amounts to be transferred,end insert the
25Controllerbegin delete willend deletebegin insert shallend insert transfer the amount of the administrative costs
26frombegin delete theend delete specialbegin delete fund orend deletebegin insert
and nongovernmental costend insert
funds
27begin delete chargeable therewithend delete to the Central Service Cost Recovery Fund
28or the Generalbegin delete Fund, in accordance with subdivision (b). The begin insert Fund.end insert
29Controller shall specify on the statement the special fund
30appropriations to be charged at the time transfers are made covering
31the administrative costs.end delete
32(b) The Controller shall transfer one-fourth of the amount
33determined or redetermined, in accordance with subdivision (a),
34on August 15, November 15, February 15, and May 15 of each
35fiscal year, unless revised by the Department of Finance. The
36transfers made pursuant to this section and Section 13332.03 shall
37first be made to the Central
Service Cost Recovery Fund until the
38total amount transferred equals the sum of the total amount
39determined or redetermined in accordance with subdivision (a)
40and the total amount to be recovered from the federal government
P91 1pursuant to Section 13332.02 as determined by the Department of
2Finance. All subsequent transfers for that fiscal year shall then be
3made to the General Fund.
begin insertSection 11275 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
begin deleteIf, upon receipt of the statement provided in Section begin insert In
711274, the state agency does not have funds available by lawend delete
8the event a fund has an insufficient fund balanceend insert for the payment
9of the administrative costs,begin delete or if it has any other reason why the
10payment of those costs should not be made at the time specified
11on the statement, the state agency shall, prior to the expiration of
12the 30-day period referred to in the statement, file with the
13Controller, in duplicate, a written request to defer payment of those
14administrative costs, which request shall set forth the reasons why
15that payment should be deferred.
Upon receipt of any request filed
16because of lack of availability of funds, the Controller shall
17forthwith transmit one copy of that request to the Department of
18Finance and shall defer action to effect the transfer of funds
19covering the administrative costs referred to in the request until
20the transfer has been approved by the Director of Finance. The
21Department of Finance shall notify the Controller of the approval
22of the deferral request. Upon receipt of any request filed because
23of any reason other than lack of availability of funds, the Controller
24shall forthwith transmit one copy of that request to the California
25Victim Compensation and Government Claims Board and shall
26defer action to effect the transfer of funds until that transfer has
27been approved by the California Victim Compensation and
28Government Claims Board.end delete
29Department of Finance provide direction on effecting the
transfer
30and its timing.end insert
begin insertSection 11276 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert
The Department of Finance may certify at any time
33during the year to the Controller any amount as it determines,
34based upon experience of the preceding year, to be a reasonable
35advance for administrative costs to be made from the appropriation
36of each state agency supported from a fund, designated in
37accordance with Section 11271. The Controller shall forthwith
38transmit to each of these state agencies a statement in writing
39setting forth the amount of the advance and stating that unless a
40written request to defer payment thereof because of lack of
P92 1
availability of funds is filed by the state agency with the
2Department of Finance within 30 days after the mailing of the
3statement by the Controller to the state agency, the Controller will
4transfer the amount of the advance from the special fund or funds
5concerned to the Central Service Cost Recovery Fund or the
6General Fund in accordance with subdivision (b) of Section 11274.
7The Controller shall specify on the statement the special fund
8appropriation to be charged.
begin insertSection 11277 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert
If, upon receipt of the statement provided in Section
1111276, the state agency does not have funds available by law for
12the payment of the advance, the state agency shall, prior to the
13expiration of the 30-day period referred to in that statement, file
14with the Controller, in duplicate, a written request to defer payment
15of the advance. Upon receipt of such a request, the Controller shall
16forthwith transmit one copy of that request to the Department of
17Finance and shall defer action to effect the transfer of funds
18covering the advance referred to in the
request until the transfer
19has been approved by the Director of Finance. Any advance made
20under this article shall be applied against the state agency’s fair
21share of administrative costs determined or redetermined as
22provided in Section 11274 and Section 11275. If the amount
23advanced exceeds the state agency’s fair share of administrative
24costs, the Controller shall transfer from the Central Service Cost
25Recovery Fund or the General Fund, as applicable, to the special
26fund appropriation the excess amount advanced as directed by the
27Department of Finance.
begin insertSection 11852 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
For purposes of this chapter, the following terms shall
31have the following meanings:
32(a) “Approved FISCal Project documents” means any Special
33Project Report approved by the Department of Technology, or its
34successor agency, for the FISCal, as may be amended, augmented,
35or changed by any subsequent approved Special Project Report or
36legislative action.
37(b) “Cost or costs of thebegin delete FISCalend delete system” means all costs related
38to the acquisition, design, development, installation,begin delete andend delete
39 deployment,begin delete maintenance, operation, and enhancementend deletebegin insert
and other
40related costsend insert of the system, including, but not limited to, software,
P93 1hardware, licenses, upgrades, training, facilities, contractors, and
2staff.
3(c) “Cost allocation plan” means the plan described in Section
411874.
5
(d) “Department” means the Department of FISCal established
6pursuant to Section 11890.
7
(e) “Director” means the Director of FISCal appointed pursuant
8to Section 11894.
9(d)
end delete
10begin insert(f)end insert “FISCal” means the Financial Information System for
11California.
12
(g) “FISCal Consolidated Payment Fund” means the fund
13created pursuant to subdivision (a) of Section 11872.
14(e)
end delete
15begin insert(h)end insert “FISCal Internal Services Fund” means the fund created
16pursuant to Section 11870.
17(f) “FISCal Service Center” means the entity created pursuant
18to Section 11890.
19(g)
end delete
20begin insert(i)end insert “Interface” means to communicate or interoperate with the
21begin delete FISCalend delete system.
22(h)
end delete23begin insert(j)end insert “Office” means the FISCal project office.
begin insert
24
(k) “Partner agencies” means the Department of Finance, the
25Controller, the Department of General Services, and the Treasurer.
26(i)
end delete
27begin insert(l)end insert “State departments and agencies” means all state offices,
28officers, departments, divisions, bureaus, boards, commissions,
29organizations, or agencies, claims against which are paid by
30warrants drawn by the Controller, and whose financial activities
31are reported in the annual financial statement of the state or are
32included in the annual Governor’s Budget, including, but not
33limited to, the California State University, the University of
34California, the legislative branch, and the judicial branch.
35(j)
end delete
36begin insert(m)end insert “System”begin delete or “FISCal system”end delete
means a single integrated
37financial management system for the state that encompasses the
38management of resources and dollars as described in the approved
39FISCal Project documents and includes the information required
40by Section 11862.
begin insertSection 11854 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
The Legislature intends that thebegin delete FISCalend delete system meet
4all of the following objectives:
5(a) Replace the state’s aging legacy financial management
6systems and eliminate fragmented and diverse reporting by
7implementing standardized financial management processes and
8systems across all departments and control agencies. For purposes
9of this subdivision, “financial management” means accounting,
10budgeting, cash management, asset accounting, vendor
11management, and procurement.
12(b) Increase competition by promoting business opportunities
13through the use of electronic bidding, online vendor interaction,
14and automated vendor functions.
15(c) Maintain a central source for financial management data to
16reduce the time and expense of vendors, departments, and agencies
17collecting, maintaining, and reconciling redundant data.
18(d) Increase investment returns through timely and accurate
19monitoring of cash balances,begin delete cashflowend deletebegin insert cash flowend insert forecasting, and
20timing of receipts and disbursements.
21(e) Improve fiscal controls and support betterbegin delete decisionmakingend delete
22begin insert decision makingend insert by state managers
and the Legislature by
23enhancing the quality, timeliness, consistency, and accessibility
24of financial management information through the use of powerful
25data access tools, standardized data, and financial management
26reports.
27(f) Improve access and transparency of California’s financial
28management information allowing the implementation of increased
29auditing, compliance reporting, and fiscal accountability while
30sharing information between the public, the Legislature, external
31stakeholders, state, federal, and local agencies.
32(g) Automate manual processes by providing the ability to
33electronically receive and submit financial management documents
34and data between agencies, departments, banks, vendors, and other
35government entities.
36(h) Provide online access to financial management information
37resulting in a reduction
of payment or approval inquiries, or both.
38(i) Improve the state’s ability to preserve, access, and analyze
39historical financial management information to reduce the workload
40required to research and prepare this information.
P95 1(j) Enable the state to more quickly implement, track, and report
2on changes to financial management processes and systems to
3accommodate new information such as statutory changes and
4performance information.
5(k) Reduce the time, workload, and costs associated with
6capturing and projecting revenues, expenditures, and program
7needs for multiple years and scenarios, and for tracking, reporting,
8and responding to legislative actions.
9(l) Track purchase volumes and costs by vendor and commodity
10code or service code to increase
strategic sourcing opportunities,
11reduce purchase prices, and capture total state spending data.
12(m) Reduce procurement cycle time by automating purchasing
13authority limits and approval dependencies, and easing access to
14goods and services available from existing sources, including, but
15not limited to, using leveraged procurement agreements.
16(n) Streamline the accounts receivable collections process and
17allow for offset capability which will provide the ability for
18increased cash collection.
19(o) Streamline the payment process and allow for faster vendor
20payments that will reduce late payment penalty fees paid by the
21state.
22(p) Improve role-based security and workflow authorization by
23capturing near real-time data from the state’s human resources
24system
of record.
25(q) Implement a stable and secure information technology
26infrastructure.
begin insertSection 11860 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert
(a) To serve the best interest of the state by optimizing
30the financial business management of the state, thebegin delete Department of begin insert partner agenciesend insert shall collaboratively develop,
31Finance, the Controller, the Treasurer, and the Department of
32General Servicesend delete
33implement,begin delete utilize,end deletebegin insert and utilize the systemend insert andbegin insert assist the department
34toend insert maintain thebegin delete FISCalend delete
system. This effort will ensure best business
35practices by embracing opportunities to reengineer the state’s
36business processes and will encompass the management of
37resources and funds in the areas of budgeting, accounting,
38procurement, cash management, financial management, financial
39reporting, cost accounting, asset accounting, project accounting,
40and grant accounting.
P96 1(b) begin delete(1)end deletebegin delete end deletebegin deleteAll state end deletebegin insertState end insertdepartments and agencies shall use the
2begin delete FISCalend delete system, or, upon approval from the office, a department
3or agency shall be permitted to interface itsbegin insert
departmentalend insert system
4with thebegin delete FISCalend delete system. Thebegin delete FISCalend delete system is intended to replace
5any existing central or departmental systems duplicative of the
6functionality of thebegin delete FISCalend delete system.
7(2) The FISCal
system shall first be developed and implemented
8with a select number of state departments and agencies, as selected
9by the office. Once the FISCal system has developed end-to-end
10processes that meet the financial management needs of the state
11and has been determined by the office to be effective, operationally
12efficient, and secure, the FISCal system shall be further
13implemented, in phases, as more fully described in the approved
14FISCal project documents, at all remaining state departments and
15agencies.
begin insertSection 11862 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert
(a) In addition to the requirements set forth in the
19approved FISCal project documents, thebegin delete FISCalend delete system shall
20include a statebegin delete budgetend delete transparency component that allows the
21public to have information regarding General Fund and federal
22fund expenditure data, using an Internet Webbegin delete site, by including all begin insert site.end insert
23of the following information for each General Fund and federal
24fund expenditure:end delete
25(1) The name and principal location of each entity or other
26recipient of the funds.
27(2) The amount of expenditure.
end delete28(3) The type of transaction.
end delete
29(4) The identity of the state department or agency making the
30expenditure.
31(5) The budget program source for the expenditure.
end delete32(6) A brief description of the purpose for the expenditure.
end delete
33(7) A brief description of any item purchased pursuant to the
34expenditure.
35(b) This section shall not require the disclosure of information
36deemed confidential or otherwise exempt from disclosure under
37state or federal law.
begin insertSection 11864 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) Throughout the development of thebegin delete FISCalend delete system,
2the California State Auditor’s Office shall independently monitor
3thebegin delete FISCalend delete system as the California State Auditor deems
4appropriate. The California State Auditor’s Office independent
5monitoring of thebegin delete FISCalend delete system shall include, but not be limited
6to, all of the following:
7(1) Monitoring the contract for independent project oversight
8and independent verification and validation services relating to
9thebegin delete FISCalend delete
system.
10(2) Assessing whether concerns about thebegin delete FISCal projectend deletebegin insert systemend insert
11 raised by the independent project oversight and independent
12verification and validation services are being addressed by the
13office and the steering committee of the office.
14(3) Assessing whether thebegin delete FISCalend delete system is progressing timely
15and within its budget.
16(b) The California State Auditor’s Office shall report, at a
17minimum, on or before January 10 of each year, on thebegin delete FISCalend delete
18
system activities that the California State Auditor’s Office deems
19appropriate to monitor pursuant to this section in a manner
20consistent with Chapter 6.5 (commencing with Section 8543) of
21Division 1.
22(c) This section shall not supersede or compromise the
23Department of Technology’s oversight authority and
24responsibilities with respect to thebegin delete FISCalend delete system.
25
(d) This section shall remain operative until the completion of
26the system, as specified in paragraph (2) of subdivision (a) of
27Section 11890, and thereafter shall be inoperative.
begin insertSection 11870 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
The FISCal Internal Services Fund continues in
31existence in the State Treasury to pay the costs of development,
32implementation,begin delete operations, and maintenanceend deletebegin insert and other approved
33costsend insert of thebegin delete FISCal System.end deletebegin insert system.end insert All assets, liabilities, and
34surplus shall remain in the FISCal Internal Services Fund. The
35Department of Finance shall make the final determination of the
36budgetary and accounting transactions that are required to carry
37out this section. Accounts and subaccounts
may be created within
38the FISCal Internal Services Fund as needed. Moneys in the FISCal
39Internal Services Fund, and its accounts and subaccounts, are
P98 1available forbegin delete cashflowend deletebegin insert cash flowend insert borrowing by the General Fund
2pursuant to Section 16310.
begin insertSection 11872 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
(a) The FISCal Consolidated Payment Fund is created
6in the State Treasury for the purpose of allowing the Controller to
7issue consolidated payments, excluding payroll, to any payee, of
8costs that are chargeable to appropriations made from other funds
9in the State Treasury, thereby allowing for efficient processing
10through thebegin delete FISCalend delete system of payments.
11(b) The amounts to be disbursed from the FISCal Consolidated
12Payment Fund shall be transferred by the Controller, from the
13funds and appropriations otherwise chargeable therewith, to the
14FISCal Consolidated Payment Fund prior to the time of
15disbursement. All amounts in the FISCal Consolidated Payment
16Fund that are derived from
abatements, refunds of amounts
17disbursed, returned warrants, or the cancellation of warrants issued
18from the FISCal Consolidated Payment Fund shall be returned by
19the Controller to the funds and appropriations from which the
20amounts were originally transferred.
begin insertSection 11874 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
(a) Thebegin delete office,end deletebegin insert department,end insert subject to the approval of
24the Department of Finance, shall establish and assess fees and a
25payment schedule for state departments and agencies tobegin delete use or begin insert pay for the design, development, and
26interface with the FISCalend delete
27implementation of theend insert system. The feesbegin delete shall recover the costs of
shall
28the FISCal system, including, but not limited to, the ongoing
29maintenance and operation costs of the FISCal system andend delete
30be deposited in the FISCal Internal Services Fund.begin delete The fees shall
31be based on an interim cost allocation plan until statistically valid
32usage data is available.end delete
33(b) Thebegin delete officeend deletebegin insert departmentend insert shall submit the cost allocation plan,
34including the methodology used to develop fees, to the Department
35of Finance during the state’s annual budget development processes
36for review and approval. The office shall submit any proposed
37changes in fees or methodology to the Department of Finance
38concurrently with budget requests.
begin insertSection 11880 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
(a) The office andbegin delete the FISCal Service Centerend delete
2begin insert departmentend insert shall require fingerprint images and associated
3information from any employee, prospective employee, contractor,
4subcontractor, volunteer, vendor, and partner agency employee
5assigned to either the office or thebegin delete FISCal Service Centerend delete
6begin insert departmentend insert whose duties include, or would include, having access
7to confidential or sensitive information or data on the network or
8computing infrastructure.
9(b) The fingerprint images and associated information described
10in subdivision (a) shall be furnished to the Department of Justice
11for the purpose of obtaining information as to the existence and
12nature of any of the following:
13(1) A record of state or federal convictions and the existence
14and nature of state or federal arrests for which the person is free
15on bail or on his or her own recognizance pending trial or appeal.
16(2) Being convicted of, or pleading nolo contendere to, a crime,
17or having committed an act involving dishonesty, fraud, or deceit,
18if the crime or act is substantially related to the qualifications,
19functions, or duties of the person in accordance with this provision.
20(3) Any conviction or arrest, for which the person is free on bail
21or
on his or her own recognizance pending trial or appeal, with a
22reasonable nexus to the information or data to which the person
23shall have access.
24(c) Requests for federal criminal offender record information
25received by the Department of Justice pursuant to this section shall
26be forwarded to the Federal Bureau of Investigation by the
27Department of Justice.
28(d) The Department of Justice shall respond to the Chief of
29Human Resources of the office or thebegin delete FISCal Service Centerend delete
30begin insert departmentend insert with information as provided under subdivision (p) of
31Section 11105 of the Penal Code.
32(e) The Chief of Human Resources of the office or thebegin delete FISCal begin insert
departmentend insert shall request subsequent arrest
33Service Centerend delete
34notifications from the Department of Justice as provided under
35Section 11105.2 of the Penal Code.
36(f) The Department of Justice may assess a fee sufficient to
37cover the processing costs required under this section, as authorized
38pursuant to subdivision (e) of Section 11105 of the Penal Code.
39(g) Persons described in subdivision (a) may be rejected if it is
40determined they meet the criteria described in paragraph (2) or (3)
P100 1of subdivision (b). If a person is rejected, the individual shall
2receive a copy of the response record from the Chief of Human
3Resources of the office or thebegin delete FISCal Service Center.end deletebegin insert department.end insert
4(h) The Chief of Human Resources of the office or thebegin delete FISCal begin insert
departmentend insert shall follow a written appeal process
5Service Centerend delete
6for an individual described in subdivision (a) who is determined
7ineligible for employment because of his or her Department of
8Justice or Federal Bureau of Investigation criminal offender record.
9(i) When considering the background information received
10pursuant to this section, the Chief of Human Resources of the
11office or thebegin delete FISCal Service Centerend deletebegin insert departmentend insert shall take under
12consideration any evidence of rehabilitation, including, but not
13limited to, participation in treatment programs and age and specifics
14of the offense.
begin insertThe heading of Article 5 (commencing with Section
1611890) of Chapter 10 of Part 1 of Division 3 of Title 2 of the end insertbegin insert17
Government Codeend insertbegin insert is amended to read:end insert
18
begin insertSection 11890 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertThere is in state government thebegin delete FISCal Service begin insert Department of FISCal.end insert
24Center.end delete
25
(2) (A) Upon the acceptance of the system by the state, as
26determined by the Director of Finance in his or her capacity as
27the system sponsor, the Department of FISCal shall be within the
28Government Operations Agency.
29
(B) The director shall post a notice on the Internet Web site of
30the Department of FISCal when the Director of Finance accepts
31the system in accordance with subparagraph (A).
32
(b) The Department of FISCal shall maintain, upgrade, or
33otherwise enhance and support the system, provide operational
34support to the customers and stakeholders of the system, and
35onboard any new, deferred, or exempt state entities.
begin insertSection 11892 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
(a) begin deleteConsistent with the FISCal Service Center Charter, begin insertThe department end insertshall incrementally
39the FISCal Service Center end delete
P101 1assume responsibility of thebegin delete FISCalend delete system functionality as portions
2of thebegin delete FISCalend delete system are implemented and accepted.
3(b) Thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert shall provide the
4administrative functions for thebegin delete FISCalend delete system, including those
5functions of the office, during its existence.
6(c) The office and thebegin delete FISCal Service Centerend deletebegin insert departmentend insert shall
7exist concurrently during the phased implementation of thebegin delete FISCalend delete
8 system. Upon full implementation and final acceptance of the
9begin delete FISCalend delete system, thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert shall
10begin insert supersede the office andend insert perform allbegin delete maintenanceend deletebegin insert
administration,
11maintenance,end insert and operation of thebegin delete FISCalend delete system.
begin insertSection 11893 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
13read:end insert
The administrative costs, as defined in Section 11270,
15of the Department of FISCal shall be allocated to and recovered
16from funds in a manner consistent with Section 11274.
begin insertSection 11894 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
begin deleteThe FISCal Executive Partner end deletebegin insert(a)end insertbegin insert end insertbegin insertThe Director of
20FISCal shall be appointed by, and serve at the pleasure of, the
21Governor, subject to Senate confirmation.end insert
22begin insert(b)end insertbegin insert end insertbegin insertThe directorend insert shall have appointment power for both the
23office and thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert and shall oversee
24the day-to-day functions of both the office and thebegin delete FISCal Service begin insert department.end insert The
25Center.end deletebegin delete FISCal Executive Partnerend deletebegin insert
directorend insert shall
26identify and transfer staff from the office to thebegin delete FISCal Service begin insert departmentend insert to further performance of the duties specified
27Centerend delete
28in Section 11892, in accordance with Section 19050.9.
begin insertSection 11895 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
30read:end insert
(a) The director shall, at least annually, confer with
32the partner agencies and at least one representative of other
33agencies utilizing the system to prioritize system enhancements,
34defects, and workarounds.
35
(b) The director retains the discretion and ultimate authority
36on the implementation of changes in the system.
begin insertSection 12432 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
(a) The Legislature hereby finds and declares that it is
40essential for the state to replace the current automated human
P102 1resource/payroll systems operated by the Controller to ensure that
2state employees continue to be paid accurately and on time and
3that the state may take advantage of new capabilities and improved
4business practices. To achieve this replacement of the current
5systems, the Controller is authorized to procure, modify, and
6implement a new human resource management system that meets
7the needs of a modern state government. This replacement effort
8is known as the 21st Century Project.
9(b) Notwithstanding any other law, beginning with the 2004-05
10fiscal year, the Controller may assess the special and
11nongovernmental cost funds in sufficient amounts to
pay for the
12authorized 21st Century Project costs that are attributable to those
13funds. Assessments in support of the expenditures for the 21st
14Century Project shall be made quarterly, and the total amount
15assessed from these funds annually shall not exceed the total
16expenditures incurred by the Controller for the 21st Century Project
17that are attributable to those funds in that fiscal year.
18Appropriations for this purpose shall be made in the annual Budget
19Act.
20(c) To the extent permitted by law, beginning with the 2004-05
21fiscal year, the Controller shall establish agreements with various
22agencies and departments for the collection from federal funds of
23costs that are attributable to federal funds. The total amount
24collected from those agencies and departments annually shall not
25exceed the total expenditures incurred by the Controller for the
2621st Century Project that are attributable to federal funds in that
27fiscal year. Appropriations for
that purpose shall be made in the
28annual Budget Act.
29(d) It is the intent of the Legislature that, beginning not earlier
30than the 2006-07 fiscal year, future annual Budget Acts include
31General Fund appropriations in sufficient amounts for expenditures
32for the 21st Century Project that are attributable to the General
33Fund. It is the Legislature’s intent that the share of the total project
34costs paid for by the General Fund shall be equivalent to the share
35of the total project costs paid for from special and nongovernmental
36cost fund assessments and collections from federal funds.
37(e) This section shall remain in effect only until June 30,begin delete 2016,end delete
38begin insert 2017,end insert and as of that date is
repealed.
begin insertThe heading of Article 2.5 (commencing with Section
212433) is added to Chapter 5 of Part 2 of Division 3 of Title 2 of
3the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
4
begin insertSection 12803.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert
(a) The Government Operations Agency shall consist
10of all of the following:
11(1) The Office of Administrative Law.
12(2) The Public Employees’ Retirement System.
13(3) The State Teachers’ Retirement System.
14(4) The State Personnel Board.
15(5) The California Victim Compensationbegin delete and Government Board.
16Claimsend delete
17(6) The Department of General Services.
18(7) The Department of Technology.
19(8) The Franchise Tax Board.
20(9) The Department of Human Resources.
begin insert
21
(b) The Government Operations Agency shall include the
22Department of FISCal upon the acceptance of the Financial
23Information System for California (FISCal) by the state, as
24determined by the Director of Finance, pursuant to Section 11890.
25(b)
end delete
26begin insert(c)end insert The Government Operations Agency shall be governed by
27the Secretary of Government Operations pursuant to Section 12801.
28However, the Director of Human Resources shall report directly
29to the Governor on issues relating to labor relations.
30(c)
end delete
31begin insert(d)end insert The Governor, upon the recommendation of the Secretary
32of Government Operations, may appoint up to three deputies for
33the secretary.
begin insertSection 13300 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
(a) The department shall devise, install, supervise, and,
37at its discretion, revise and modify, a modern and complete
38accounting system and policies for each agency of the state
39permitted or charged by law with the handling of public money or
40its equivalent, to the end that all revenues, expenditures, receipts,
P104 1disbursements, resources, obligations, and property of the state be
2properly, accurately, and systematically accounted for and that
3there shall be obtained accurate and comparable records, reports,
4and statements of all the financial affairs of the state.
5(b) This system shall permit a comparison of budgeted
6expenditures, actual expenditures, encumbrances and payables,
7and estimated revenue to actual revenue that
is compatible with a
8budget coding system developed by the department. In addition,
9the system shall provide for a federal revenue accounting system
10with cross-references of federal fund sources to state activities.
11(c) This system shall include a cost accounting system that
12accounts for expenditures by line item, governmental unit, and
13fund source. The system shall also be capable of performing
14program cost accounting as required. The system and the accounts
15maintained by all state departments and agencies shall be
16coordinated with the central accounts maintained by the Controller,
17and shall provide the Controller with all information necessary to
18the maintenance by the Controller of a comprehensive system of
19central accounts for the entire state government.
20(d) Beginning with the 2008-09 fiscal year, the Department of
21Finance, the Controller, the Treasurer, and the Department of
22General Services shall partner to design, develop, and implement
23the Financial Information System for California Project to meet
24the requirements of subdivisions (a), (b), and (c), and the FISCal
25Project documents, as established in the FISCal Special Project
26Report dated October 30, 2006, as revised on December 14, 2006,
27as amended by the FISCal Special Project Report dated November
289, 2007, as revised on December 19, 2007, and as amended,
29augmented, or changed by any subsequent approved Special Project
30Report.
begin insertSection 13300.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert
(a) The Legislature finds and declares that thebegin delete project begin insert systemend insert to modernize the state’s internal
34of the FISCal Projectend delete
35financial systems is a critical project that must be subject to the
36highest level of oversight. According to the Department of
37Technology, the size and scope of this modernization and
38automation effort make this project one of the highest risk projects
39undertaken by the state. Therefore, the Legislature must take steps
40to ensure it is fully informed as the project is implemented. It is
P105 1the intent of the Legislature to adopt additional reporting
2requirements for thebegin delete FISCal Project Officeend deletebegin insert
officeend insert to adequately
3managebegin delete the project’send delete risk andbegin delete toend delete ensure the successful
4implementation of this effort.
5(b) Thebegin delete FISCal Project
Officeend delete
6Legislature,begin delete byend deletebegin insert on or beforeend insert February 15 of each year,begin delete an update begin insert onend insert all of the following:
7on the project. The report shall includeend delete
8(1) An executive summary and overview of thebegin delete project’send delete
9begin insert system’send insert
status.
10(2) An overview of thebegin delete project’send deletebegin insert system’send insert history.
11(3) Significant events of thebegin delete projectend deletebegin insert systemend insert within the current
12reporting period and a projection of events during the next reporting
13period.
14(4) A discussion of mitigation actions being taken by thebegin delete projectend delete
15begin insert
officeend insert for any missed major milestones.
16(5) A comparison of actual to budgeted expenditures, and an
17explanation of variances and any planned corrective actions,
18including a summary ofbegin delete FISCal projectend deletebegin insert
the systemend insert and staffing
19levels and an estimate of staff participation from partner agencies.
20(6) An articulation of expected functionality and qualitative
21benefits from thebegin delete projectend deletebegin insert systemend insert that were achieved during the
22reporting period and that are expected to be achieved in the
23subsequent year.
24(7) An overview of change management activities and
25stakeholder engagementbegin delete inend deletebegin insert duringend insert
thebegin delete project,end deletebegin insert system
26implementation process,end insert including a summary of departmental
27participation in thebegin delete FISCal project.end deletebegin insert
system.end insert
28(8) A discussion of lessons learned and best practices that will
29be incorporated into future changes in management activities.
30(9) A description of any significant software customization,
31including a justification for why, if any, customization was granted.
32(10) Updates on the progress of meeting thebegin delete projectend deletebegin insert system’send insert
33
objectives.
34(c) begin deleteThe initial report, due February 15, 2013, shall provide a begin insertReports end insert
35description of the approved project scope. Later reports end delete
36shall describebegin delete any laterend delete deviations to the project scope, cost, or
37
begin delete schedule.end deletebegin insert schedule from Special Project Report 6.end insert
38(d) The initial report shall also provide a summary of the project
39history from Special Project Report 1 to Special Project Report 4,
40inclusive.
P106 1(e)
end delete
2begin insert(d)end insert This section shall remainbegin delete in effect until a postimplementation begin insert operative
3evaluation report has been approved by the Department of
4Technology. The Department of Technology shall post a notice
5on its Internet Web site when the report is approved.end delete
6until the completion of the system, as specified in paragraph (2)
7of subdivision (a) of Section 11890, and thereafter shall be
8inoperative.end insert
9
(e) The definitions in Section 11852 shall apply to the applicable
10terms in this section.
begin insertSection 13332.02 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
All funds recovered from the federal government
14to offset statewide indirect costs shall be transferred to the Central
15Service Cost Recovery Fund or tobegin delete the unappropriated surplus ofend delete
16 the General Fund in a manner prescribed by the Department of
17Finance, unless expenditure of the funds is authorized by the
18Department of Finance. No authorization may become effective
19sooner than 30 days after notification in writing of the necessity
20therefor to the chairperson of the committee in each house that
21considers appropriations and the Chairperson of the Joint
22Legislative Budget Committee, or not sooner than whatever lesser
23time the Chairperson of the Joint Legislative Budget Committee,
24or his or her designee, may in each instance
determine. If in the
25judgment of the Director of Finance, a state agency has not
26transferred the funds on a timely basis, thebegin delete directorend deletebegin insert Department
27of Financeend insert may certify to the Controller the amount that the agency
28should have transferred to the Central Service Cost Recovery Fund
29or the General Fund, and the Controller shall transfer the funds to
30the Central Service Cost Recovery Fund or the General Fund.
begin insertSection 13332.03 of the end insertbegin insertGovernment Codeend insertbegin insert is
32amended to read:end insert
Whenever an appropriation has not been made to
34provide for recovery of general administrative costs pursuant to
35Article 2 (commencing with Section 11270) of Chapter 3 of Part
361, a sufficient sum for that purpose shall be transferred from each
37affected fund by the Controller to the Central Service Cost
38Recovery Fund or thebegin delete unappropriated surplus of theend delete General Fund
39in accordance withbegin delete subdivision (b) ofend delete Section 11274. The
P107 1Controller shall make transfers pursuant to this section only upon
2order of thebegin delete Directorend deletebegin insert
Departmentend insert of Finance.
begin insertSection 13332.09 of the end insertbegin insertGovernment Codeend insertbegin insert is
4amended to read:end insert
(a) A purchase order or other form of documentation
6for acquisition or replacement of motor vehicles shall not be issued
7against any appropriation until the Department of General Services
8has investigated and established the necessity therefor.
9(b) A state agency shall not acquire surplus mobile equipment
10from any source for program support until the Department of
11General Services has investigated and established the necessity
12therefor.
13(c) Notwithstanding any other law, any contract for the
14acquisition of a motor vehicle or general use mobile equipment
15for a state agency shall be made by or under the supervision of the
16Department of General Services. Pursuant to Section 10298 of the
17Public
Contract Code, the Department of General Services may
18collect a fee to offset the cost of the services provided.
19(d) Any passenger-type motor vehicle purchased for a state
20officer, except a constitutional officer, or a state employee shall
21be an American-made vehicle of the light class, as defined by the
22begin delete California Victim Compensation and Government Claims Board,end delete
23begin insert Department of General Services,end insert unless excepted by the Director
24of General Services on the basis of unusual requirements,
25including, but not limited to, use by thebegin insert Department of theend insert
26 California Highway Patrol, that would justify the need for a motor
27vehicle of a heavier class.
28(e) General use mobile equipment having an original purchase
29price of twenty-five thousand dollars ($25,000) or more shall not
30be rented or leased from a nonstate source and payment therefor
31shall not be made from any appropriation for the use of the
32Department of Transportation, without the prior approval of the
33Department of General Services after a determination that
34comparable state-owned equipment is not available, unless
35obtaining approval would endanger life or property, in which case
36the transaction and the justification for not having sought prior
37approval shall be reported immediately thereafter to the Department
38of General Services.
39(f) As used in this section:
P108 1(1) “General use mobile equipment” means equipment that is
2listed in the Mobile Equipment Inventory of the State Equipment
3Council and capable of
being used by more than one state agency,
4and shall not be deemed to refer to equipment having a practical
5use limited to the controlling state agency only. Section 575 of the
6Vehicle Code shall have no application to this section.
7(2) “State agency” means a state agency, as defined pursuant
8to Section 11000. The University of California is requested and
9encouraged to have the Department of General Services perform
10the tasks identified in this section with respect to the acquisition
11or replacement of motor vehicles by the University of California.
12“State agency” does not include a district agricultural association,
13as defined in Section 3951 of the Food and Agricultural Code.
14(g) This section shall become operative on July 1, 2015.
begin insertThe heading of Part 4 (commencing with Section
1613900) of Division 3 of Title 2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert
18
begin insertSection 13900 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
(a) As used in this chapter, “board” means the
25California Victim Compensationbegin delete and Government Claimsend delete Board.
26(b) Any reference in statute or regulation to the State Board of
27Control shall be construed to refer to the California Victim
28Compensation and Government Claims Board.
29
(b) Except as provided by Section 14659.01, whenever the term
30“California
Victim Compensation and Government Claims Board”
31appears in any statute, regulation, contract, or any other code, it
32shall be construed to refer to the California Victim Compensation
33Board, unless the context clearly requires otherwise.
begin insertSection 13901 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
(a) There is within the Government Operations Agency
37the California Victim Compensationbegin delete and Government Claimsend delete
38 Board.
39(b) The board consists of the Secretary of Government
40Operations or his or her designee and the Controller, both acting
P109 1ex officio, and a third member who shall be appointed by and serve
2at the pleasure of the Governor. The third member may be a state
3officer who shall act ex officio.
4(c) Any reference in statute or regulation to the State Board of
5Control
shall be construed to refer to the California Victim
6Compensation and Government Claims
Board.
begin insertSection 13905 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert
The board shall have a seal, bearing the following
10inscription: “California Victim Compensationbegin delete and Government Board.” The seal shall be fixed to all writs and
11Claimsend delete
12authentications of copies of records and to other instruments that
13the board directs.
begin insertSection 13909 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert
(a) The board shall appoint an executive officer who
17shall hold office at its pleasure. It may also employ those personnel,
18including examiners, as it deems necessary for the performance
19of its duties.
20(b) The executive officer shall execute those duties and
21responsibilities as may be delegated by the board. The board may,
22except as otherwise provided in this section, delegate any statutory
23power of the board to the executive officer, or any examiner,
24employee, or committee as the board may designate, by means of
25a board order that is adopted by a majority of all of the board’s
26members and that prescribes the limits of the delegation.
27(c) This section shall not be construed to authorize the board to
28delegate the authority to allow a claim filed pursuant to subdivision
29(c) of Section 905.2 that exceeds fifty thousand dollars ($50,000).
begin insertSection 13920 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert may adopt regulations
34pursuant to Chapter 3.5 (commencing with Section 11340) of Part
351 of Division 3:
36(a) Limiting the amount, time, and place of expenses and
37allowances to be paid to elected state officers, and officers and
38employees of the state provided for in Article VI of the California
39Constitution, while traveling on official
state business.
P110 1(b) Governing the presentation and audit of claims against the
2state for which an appropriation has been made or for which a state
3fund is available.
4(c) Governing any other matter over which it has jurisdiction.
begin insertSection 13923 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert may approve plans for payroll
9deduction from the salaries or wages of state officers and
10employees under subdivision (f) of Section 1151 for charitable
11contributions to the agency handling the principal combined fund
12drive in any area. Thebegin delete boardend deletebegin insert
departmentend insert
shall establish necessary
13rules and regulations, including the following:
14(a) Standards for establishing what constitutes the principal
15combined fund drive in an area.
16(b) A requirement that the agency to receive these contributions
17shall pay, for deposit in the General Fund, the additional cost to
18the state of making these deductions and remitting the proceeds,
19as determined by the Controller.
20(c) A requirement that the agency to receive these contributions
21shall pay, for deposit in thebegin delete Generalend deletebegin insert Service Revolvingend insert Fund, the
22begin delete board’send deletebegin insert
department’send insert cost to administer the annual charitable
23campaign fund drive. This amount shall be determined by thebegin delete boardend delete
24begin insert departmentend insert andbegin delete mayend deletebegin insert shall onlyend insert bebegin delete appropriated inend deletebegin insert available for
25theend insert support of thebegin delete board as reimbursements to Item 8700-001-0001 begin insert
department upon appropriation by the
26of the annual Budget Act.end delete
27Legislature.end insert
28(d) Provisions for standard amounts of deductions from which
29each state officer or employee may select the contribution that he
30or she desires to make, if any.
31(e) A prohibition upon state officers or employees authorizing
32more than one payroll deduction for charitable purposes to be in
33effect at the same time.
34(f) A provision authorizing the Controller to combine in his or
35her records deductions for employee association dues, if authorized,
36and charitable deductions, if authorized.
37Thebegin delete board,end deletebegin insert department,end insert
in addition, may approve requests of
38any charitable organization qualified as an exempt organization
39under Section 23701d of the Revenue and Taxation Code, and
40paragraph (3) of subsection (c) of Section 501 of the Internal
P111 1Revenue Code of 1954, which is not an affiliated member
2beneficiary of the principal combined fund drive to receive
3designated deductions from the principal fund drive.
4The principal combined fund drive agency, any charitable
5organization which is an affiliated member beneficiary of the
6principal combined fund drive, and any charitable organization
7approved by thebegin delete boardend deletebegin insert departmentend insert to receive designated deductions
8on the payroll authorization form of the principal fund drive, shall
9certify under penalty of perjury to thebegin delete boardend deletebegin insert
departmentend insert that it is
10in compliance with the Fair Employment and Housing Act, Part
112.8 (commencing with Section 12900), as a condition of receiving
12these designated deductions.
13The principal combined fund drive shall obtain from thebegin delete boardend delete
14begin insert departmentend insert the list of approved nonaffiliated beneficiaries, eligible
15for designated deductions in its approved drive area, and shall
16provide this information to each employee at the time of the
17principal fund drive. The principal combined drive agency shall
18provide a designation form for the employee to indicate those
19amounts to be contributed to affiliated and nonaffiliated
20beneficiaries. The designation form shall consist of a copy for each
21of the following: (1) the employee, (2) the employee’s
designated
22beneficiary agency, and (3) the principal combined fund drive
23agency. The principal combined fund drive agency shall pay the
24amount collected for the employee designated beneficiary agency
25less the amount necessary to reimburse the principal combined
26fund drive agency for fundraising and administrative expenses.
27The fee charged for fundraising and administrative cost
28reimbursement shall be determined by thebegin delete board,end deletebegin insert department,end insert
29 published in campaign literature and made available to the
30employee during the solicitation process.
31Nothing contained in this section shall preclude a principal fund
32drive agency from giving a percentage of the undesignated funds
33to charities which are not members of the agency handling the
34principal drive, or honoring an employee’s designated
deduction
35to any charitable organization.
begin insertSection 13928 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert shall take any and all
40necessary steps to ensure that all claims which have been approved
P112 1by thebegin delete board,end deletebegin insert department,end insert and for which there exists no legally
2available appropriation, are submitted for legislative
approval at
3least twice during each calendar year.
begin insertSection 13940 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5and renumbered to read:end insert
Any state agency or employee required to collect any
8state taxes, licenses, fees, or money owing to the state for any
9reason that is due and payable may be discharged by thebegin delete boardend delete
10begin insert Controllerend insert from accountability for the collection of the taxes,
11licenses, fees, or money if the debt is uncollectible or the amount
12of the debt does not justify the cost of its collection.
begin insertSection 13941 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14and renumbered to read:end insert
The application for a discharge under thisbegin delete chapterend deletebegin insert articleend insert
17 shall be filed with the Controller and include the following:
18(a) A statement of the nature and amount of the tax, license,
19fee, or other money due.
20(b) The names of the persons liable.
21(c) The estimated cost of collection.
22(d) All other facts warranting the discharge, unless the Controller
23determines that the circumstances do not warrant the furnishing
24of detailed information.
begin insertSection 13942 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26and renumbered to read:end insert
The Controller shall audit thebegin delete applications and begin insert applications. The
29recommend to the board an order dischargingend delete
30Controller shall dischargeend insert the applicant from further accountability
31for collection andbegin delete authorizingend deletebegin insert authorizeend insert the applicant to
close its
32book on thatbegin delete item,end deletebegin insert
itemend insert if the Controller determines the following:
33(a) The matters contained in the application are correct.
34(b) No credit exists against which the debt can be offset.
35(c) Collection is improbable for any reason.
36(d) The cost of recovery does not justify the collection.
37(e) For items that exceed the monetary jurisdiction of the small
38claims court, the Attorney General has advised, in writing, that
39collection is not justified by the cost or is improbable for any
40reason.
begin insertSection 13943 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2and renumbered to read:end insert
Thebegin delete board may delegate to the Controller, under terms
5and conditions that are acceptable to the board, the authority toend delete
6begin insert Controller mayend insert discharge from accountability a state agency for
7accounts that do not exceed the amount specified in subdivision
8(e) of Sectionbegin delete 13942end deletebegin insert
12435end insert and thereby authorize the closing of
9the agency’s books in regard to that item.
begin insertSection 13943.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11and renumbered to read:end insert
(a) Except as provided in subdivision (b), a discharge
14granted pursuant to thisbegin delete chapterend deletebegin insert articleend insert to a state agency or
15employee does not release any person from the payment of any
16tax, license, fee, or other money that is due and owing to the state.
17(b) A discharge granted pursuant to thisbegin delete chapterend deletebegin insert
articleend insert to the
18Franchise Tax Board shall release a person from a liability for the
19payment of any tax, fee, or other liability deemed uncollectible
20that is due and owing to the state and extinguish that liability, if
21at least one of the following conditions is met:
22(1) The liability is for an amount less than five hundred dollars
23($500).
24(2) The liable person has been deceased for more than four years
25and there is no active probate with respect to that person.
26(3) The Franchise Tax Board has determined that the liable
27person has a permanent financial hardship.
28(4) The liability has been unpaid for more than 30 years.
begin insertSection 13943.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30and renumbered to read:end insert
Upon authorization of the board, a
begin insertA end insertstate agency is not required to collect taxes, licenses,
33fees, or money owing to the state for any reason if the amount to
34be collected is five hundred dollars ($500) or less.begin delete A state agency Nothing contained
35that seeks this authorization shall file an application with the board
36accompanied by a statement of circumstances.end delete
37in this section shall be construed as releasing any person from the
38payment of any money due the state.
begin insertSection 13943.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40and renumbered to read:end insert
Notwithstanding any other provision of thisbegin delete chapter, begin insert article,end insert the Controller
3the board may authorizeend deletebegin delete toend deletebegin insert mayend insert discharge
4the Department of Water Resources from accountability for
5collection of the loan issued to the Arrowhead Manor
Water
6Company in 1980 under the California Safe Drinking Water Bond
7Law of 1976, but only if San Bernardino County or its county
8service area acquires the water system financed by the loan issued
9to the Arrowhead Manor Water Company and pays the amount of
10nine hundred ten thousand five hundred twenty dollars ($910,520)
11in complete satisfaction of that loan, on or before January 30, 2009.
begin insertSection 13944 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
13and renumbered to read:end insert
(a) Thebegin delete boardend deletebegin insert Controllerend insert may investigate, inquire, and,
16if necessary, conduct hearings concerning property in the
17possession of the Treasurer which has escheated to the state from
18the estates of deceased persons pursuant to a judgment of escheat
19or pursuant to a distribution to the state under Section 11900 of
20the Probate Code.
21(b) After
investigation, inquiry, and hearing, thebegin delete boardend delete
22begin insert
Controllerend insert may relieve the Treasurer from any liability arising
23from the possessionbegin delete of,end deletebegin insert ofend insert andbegin delete direct the Controller toend delete sell, or
24authorize the Treasurer to destroy or otherwise dispose of, any
25such property as it deems proper.
begin insertSection 13951 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
As used in this chapter, the following definitions shall
29apply:
30(a) “Board” means the California Victim Compensationbegin delete and Board.
31Government Claimsend delete
32(b) (1) “Crime” means a crime or public offense, wherever it
33may take place, that would constitute a misdemeanor or a felony
34if the crime had been committed in California by a competent
35adult.
36(2) “Crime” includes an act of terrorism, as defined in Section
372331 of Title 18 of the United States Code, committed against a
38resident of the state, whether or not the act
occurs within the state.
39(c) “Derivative victim” means an individual who sustains
40pecuniary loss as a result of injury or death to a victim.
P115 1(d) “Law enforcement” means every district attorney, municipal
2police department, sheriff’s department, district attorney’s office,
3county probation department, and social services agency, the
4Department of Justice, the Department of Corrections, the
5Department of the Youth Authority, the Department of the
6California Highway Patrol, the police department of any campus
7of the University of California, California State University, or
8community college, and every agency of the State of California
9expressly authorized by statute to investigate or prosecute law
10violators.
11(e) “Pecuniary loss” means an economic loss or expense
12resulting from an injury or death to a victim of crime
that has not
13been and will not be reimbursed from any other source.
14(f) “Peer counseling” means counseling offered by a provider
15of mental health counseling services who has completed a
16specialized course in rape crisis counseling skills development,
17participates in continuing education in rape crisis counseling skills
18development, and provides rape crisis counseling within the State
19of California.
20(g) “Victim” means an individual who sustains injury or death
21as a direct result of a crime as specified in subdivision (e) of
22Section 13955.
23(h) “Victim center” means a victim and witness assistance center
24that receives funds pursuant to Section 13835.2 of the Penal Code.
begin insertSection 13972 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert
(a) If a private citizen incurs personal injury or death
28or damage to his or her property in preventing the commission of
29a crime against the person or property of another, in apprehending
30a criminal, or in materially assisting a peace officer in prevention
31of a crime or apprehension of a criminal, or rescuing a person in
32immediate danger of injury or death as a result of fire, drowning,
33or other catastrophe, the private citizen, his or her surviving spouse,
34his or her surviving children, a person dependent upon the citizen
35for his or her principal support, any person legally liable for the
36citizen’s pecuniary losses, or a public safety or law enforcement
37agency acting on behalf of any of the above may file a claim with
38the California Victim Compensationbegin delete and Government Claimsend delete
39
Board for indemnification to the extent that the claimant is not
P116 1compensated from any other source for the injury, death, or
2damage. The claim shall generally show all of the following:
3(1) The date, place, and other circumstances of the occurrence
4or events that gave rise to the claim.
5(2) A general description of the activities of the private citizen
6in prevention of a crime, apprehension of a criminal, or rescuing
7a person in immediate danger of injury or death as a result of fire,
8drowning, or other catastrophe.
9(3) The amount or estimated amount of the injury, death, or
10damage sustained for which the claimant is not compensated from
11any other source, insofar as it may be known at the time of the
12presentation of the claim.
13(4) Any
other information that the California Victim
14Compensationbegin delete and Government Claimsend delete
Board may require.
15(b) A claim filed under subdivision (a) shall be accompanied
16by a corroborating statement and recommendation from the
17appropriate state or local public safety or law enforcement agency.
begin insertSection 13973 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) Upon presentation of a claim pursuant to this
21chapter, the California Victim Compensationbegin delete and Government Board shall fix a time and place for the hearing of the claim,
22Claimsend delete
23and shall mail notices of the hearing to interested persons or
24agencies. The board shall receive recommendations from public
25safety or law enforcement agencies, and evidence showing all of
26the following:
27(1) The nature of the crime committed by the apprehended
28criminal or prevented by the action of the private citizen, or the
29nature of the action of the private citizen in rescuing a person in
30immediate danger of injury or death as a result of fire, drowning,
31or other catastrophe, and the circumstances
involved.
32(2) That the actions of the private citizen substantially and
33materially contributed to the apprehension of a criminal, the
34prevention of a crime, or the rescuing of a person in immediate
35danger of injury or death as a result of fire, drowning, or other
36catastrophe.
37(3) That, as a direct consequence, the private citizen incurred
38personal injury or damage to property or died.
39(4) The extent of the injury or damage for which the claimant
40is not compensated from any other source.
P117 1(5) Any other evidence that the board may require.
2(b) If the board determines, on the basis of a preponderance of
3the evidence, that the state should indemnify the claimant for the
4injury, death, or damage
sustained, it shall approve the claim for
5payment. In no event shall a claim be approved by the board under
6this article in excess of ten thousand dollars ($10,000).
7(c) In addition to any award made under this chapter, the board
8may award, as attorney’s fees, an amount representing the
9reasonable value of legal services rendered a claimant, but in no
10event to exceed 10 percent of the amount of the award. No attorney
11shall charge, demand, receive, or collect for services rendered in
12connection with any proceedings under this chapter any amount
13other than that awarded as attorney’s fees under this section. Claims
14approved under this chapter shall be paid from a separate
15appropriation made to the California Victim Compensationbegin delete and in the Budget Act and as the claims
16Government Claims Boardend delete
17are approved by the board.
begin insertSection 13974 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
The California Victim Compensationbegin delete and Government Board is hereby authorized to make all needful rules and
21Claimsend delete
22regulations consistent with the law for the purpose of carrying into
23effect this article.
begin insertSection 13974.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert
(a) The California Victim Compensationbegin delete and Board shall use the applicable provisions of
27Government Claimsend delete
28this article to establish a claim and reward procedure to reward
29persons providing information leading to the location of any child
30listed in the missing children registry compiled pursuant to former
31Section 11114 of the Penal Code or maintained pursuant to the
32system maintained pursuant to Sections 14203 and 14204 of the
33Penal Code.
34(b) Awards shall be made upon recommendation of the
35Department of Justice in an amount of not to exceed five hundred
36dollars ($500) to any one individual. However, as a condition to
37an award, in any particular case, an amount equal to or
greater in
38nonstate funds shall have been first offered as a reward for
39information leading to the location of that missing child.
P118 1(c) The Missing Children Reward Fund is abolished and any
2remaining balance is transferred to the Restitution Fund. The
3California Victim Compensationbegin delete and Government Claimsend delete Board
4shall make awards pursuant to this section from the Restitution
5Fund, using the appropriation authority provided in Section 13964.
begin insertSection 13974.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
(a) The California Victim Compensationbegin delete and Board shall enter into an interagency
9Government Claimsend delete
10agreement with the University of California, San Francisco, to
11establish a victims of crime recovery center at the San Francisco
12General Hospital for the purpose of providing comprehensive and
13integrated services to victims of crime, subject to conditions set
14forth by the board.
15(b) This section shall not apply to the University of California
16unless the Regents of the University of California, by appropriate
17resolution, make this section applicable.
18(c) This section shall only
be implemented to the extent that
19funding is appropriated for that purpose.
begin insertSection 13995.40 of the end insertbegin insertGovernment Codeend insertbegin insert is
21amended to read:end insert
(a) Upon approval of the initial referendum, the
23office shall establish a nonprofit mutual benefit corporation named
24the California Travel and Tourism Commission. The commission
25shall be under the direction of a board of commissioners, which
26shall function as the board of directors for purposes of the
27Nonprofit Corporation Law.
28(b) The board of commissioners shall consist of 37
29commissioners comprising the following:
30(1) Thebegin delete director, who shall serve as chairperson.end deletebegin insert director.end insert
31(2) (A) Twelvebegin delete members,end deletebegin insert
commissioners,end insert who are
32professionally active in the tourism industry, and whose primary
33business, trade, or profession is directly related to the tourism
34industry, shall be appointed by the Governor. Each appointed
35commissioner shall represent only one of the 12 tourism regions
36designated by the office, and the appointed commissioners shall
37be selected so as to represent, to the greatest extent possible, the
38diverse elements of the tourism industry. Appointed commissioners
39are not limited to individuals who are employed by or represent
40assessed businesses.
P119 1(B) If an appointed commissioner ceases to be professionally
2active in the tourism industry or his or her primary business, trade,
3or profession ceases to be directly related to the tourism industry,
4he or she shall automatically cease to be an appointed
5commissioner 90 days following the date on which he or she ceases
6to meet both of the eligibility
criteria specified in subparagraph
7(A), unless the commissioner becomes eligible again within that
890-day period.
9(3) Twenty-four elected commissioners, including at least one
10representative of a travel agency or tour operator that is an assessed
11business.
12(c) The commission established pursuant tobegin insert formerend insert Section
1315364.52 shall be inoperative so long as the commission
14established pursuant to this section is in existence.
15(d) Elected commissioners shall be elected by industry category
16in a referendum. Regardless of the number of ballots received for
17a referendum, the nominee for each commissioner slot with the
18most weighted votes from assessed businesses within that industry
19category shall be elected
commissioner. In the event that an elected
20commissioner resigns, dies, or is removed from office during his
21or her term, the commission shall appoint a replacement from the
22same industry category that the commissioner in question
23represented, and that commissioner shall fill the remaining term
24of the commissioner in question. The number of commissioners
25elected from each industry category shall be determined by the
26weighted percentage of assessments from that category.
27(e) The director may remove any elected commissioner
28following a hearing at which the commissioner is found guilty of
29abuse of office or moral turpitude.
30(f) (1) The term of each elected commissioner shall commence
31July 1 of the year next following his or her election, and shall
32expire on June 30 of the fourth year following his or her election.
33If an elected commissioner ceases to be employed
by or with an
34assessed business in the category and segment which he or she
35was representing, his or her term as an elected commissioner shall
36automatically terminate 90 days following the date on which he
37or she ceases to be so employed, unless, within that 90-day period,
38the commissioner again is employed by or with an assessed
39business in the same category and segment.
P120 1(2) Terms of elected commissioners that would otherwise expire
2effective December 31 of the year during which legislation adding
3this subdivision is enacted shall automatically be extended until
4June 30 of the following year.
5(g) With the exception of the director, no commissioner shall
6serve for more than two consecutive terms. For purposes of this
7subdivision, the phrase “two consecutive terms” shall not include
8partial terms.
9(h) Except for the
original commissioners, all commissioners
10shall serve four-year terms. One-half of the commissioners
11originally appointed or elected shall serve a two-year term, while
12the remainder shall serve a four-year term. Every two years
13thereafter, one-half of the commissioners shall be appointed or
14elected by referendum.
15(i) The selection committee shall determine the initial slate of
16candidates for elected commissioners. Thereafter the
17commissioners, by adopted resolution, shall nominate a slate of
18candidates, and shall include any additional candidates complying
19with the procedure described in Section 13995.62.
20(j) begin insert(1)end insertbegin insert end insertThe commissionersbegin insert
appointed pursuant to subparagraph
21(A) of paragraph (2) of subdivision (b)end insert
shall electbegin delete a vice begin insert the chairperson.end insert
22chairperson from the elected commissioners.end delete
23
(2) The commissioners selected pursuant to subdivision (d) shall
24elect the vice chairperson.
25(k) The commission may lease space from the office.
26(l) The commission and the office shall be the official state
27representatives of California tourism.
28(m) (1) All commission meetings shall be held in California.
29(2) Commissioners may participate in meetings by means of
30conference telephone and other technology.
31(n) No person shall receive compensation for serving as a
32commissioner, but each commissioner shall receive reimbursement
33for reasonable expenses incurred while on authorized commission
34business.
35(o) Assessed businesses shall vote only for commissioners
36representing their industry category.
37(p) Commissioners shall comply with the requirements of the
38Political Reform Act of 1974 (Title 9 (commencing with Section
3981000)). The Legislature finds and declares that commissioners
40appointed or elected on the basis of membership in a particular
P121 1tourism segment are appointed or elected to represent and serve
2the economic interests of those tourism segments and that
the
3economic interests of these members are the same as those of the
4public generally.
5(q) Commission meetings shall be subject to the requirements
6of the Bagley-Keene Open Meeting Act (Article 9 (commencing
7with Section 11120) of Chapter 1 of Part 1).
8(r) The executive director of the commission shall serve as
9secretary to the commission, a nonvoting position, and shall keep
10the minutes and records of all commission meetings.
begin insertSection 14084 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
If at any time, in carrying out any agreement made
14pursuant to Section 14081, the required payment of reimbursements
15becomes a matter in dispute that cannot be resolved by the
16governing body and the director, it shall be brought before the
17begin delete California Victim Compensation and Government Claims Board, begin insert Controller, who mayend insert conduct the necessary audits and
18which shallend delete
19interviews to determine the facts, hear both parties to the dispute,
20and make a final determination as to the reimbursement actually
21due.
begin insertSection 14600 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
The Legislature declares that a centralization of business
25management functions and services of state government is
26necessary to take advantage of specialized techniques and skills,
27provide uniform management practices, and to insure a continuing
28high level of efficiency and economy. A Department of General
29Services is created to provide centralized services including, but
30not limited to, planning, acquisition, construction, and maintenance
31of state buildings and property; purchasing; printing; architectural
32services; administrative hearings;begin insert government claims;end insert and
33accounting services. The Department of General Services shall
34develop and enforce policy and procedures and shall institute or
35cause the
institution of those investigations and proceedings as it
36deems proper to assure effective operation of all functions
37performed by the department and to conserve the rights and
38interests of the state.
begin insertThe heading of Article 1.1 (commencing with Section
214659) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2
3of the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
4
begin insertSection 14659 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
8read:end insert
The Department of General Services and its director
10succeed to and are vested with all the duties, powers, purposes,
11responsibilities, and jurisdiction vested in the California Victim
12Compensation and Government Claims Board, or its executive
13officer, under the following statutes as they existed on January 1,
142016:
15
(a) Section 77 of the Code of Civil Procedure.
16
(b) Section 846.1 of the Civil Code.
17
(c) Sections 12117, 24618, and 89750.5 of the Education Code.
18
(d) Sections 1122 and 15512 of the Fish and Game Code.
19
(e) Sections 3955, 14978.2, and 52295 of the Food and
20Agricultural Code.
21
(f) Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5,
22915, 920, 925, 927.13, 935.6, 935.7, 940.2, 965, 965.1, 965.5,
23997.1, 998, 998.2, 1151, 3515.7, 8652, 8902, 11007.6, 11014,
2411030.1, 11030.2, 11031, 11275, 13332.09, 14600, 15202, 16302.1,
2516304.6, 16383, 16431, 17051.5, 17201, 19815.4, 20163, 21223,
2621265, 26749, 68503, 68506, 68543, 68543.5, 68543.8, and 68565
27of this code.
28
(g) Sections 13052, 25370, 121265, and 121270 of the Health
29and Safety Code.
30
(h) Sections 11580.1 and 11872 of the Insurance Code.
31
(i) Sections 4724, 4725, and 4726 of the Labor Code.
32
(j) Sections 422.92, 987.9, 1557,
2786, 11163, and 11172 of the
33Penal Code.
34
(k) Sections 10301, 10306, 10308, 10311, 10326.2, and 12102.2
35of the Public Contract Code.
36
(l) Sections 4116, 4602.6, 5093.68, and 30171.2 of the Public
37Resources Code.
38
(m) Sections 4461, 14171.5, 14171.6, and 15634 of the Welfare
39and Institutions Code.
begin insertSection 14659.01 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
Notwithstanding Section 13900, whenever the term
4“California Victim Compensation and Government Claims Board,”
5the term “California Victim Compensation Boards,” or the term
6“State Board of Control” appears in any statute, regulation,
7contract, or any other code with respect to the statutory powers
8and duties of the Department of General Services described in
9Section 14659, they shall be construed to refer to the Department
10of General Services unless the context clearly requires otherwise.
begin insertSection 14659.02 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
12to read:end insert
The Department of General Services may assign
14any matter related to the statutory powers and duties of the
15Department of General Services described in Section 14659 to the
16Office of Risk and Insurance Management or to any other state
17office.
begin insertSection 14659.03 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
19to read:end insert
The evidence in any investigation, inquiry, or hearing
21may be taken by the Department of General Services or, on its
22behalf, by the office designated for that purpose. Every finding,
23opinion, and order, made pursuant to an investigation, inquiry,
24or hearing, when approved or confirmed by the department, or
25office so designated, is the finding, opinion, or order of the
26Department of General Services.
begin insertSection 14659.04 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
28to read:end insert
The Office of Risk and Insurance Management, any
30state office designated pursuant to Section 14659.02, or their
31designees shall keep a full and true record of all proceedings, issue
32all necessary process, writs, warrants, and notices, and perform
33those other duties described in Section 14659.
begin insertSection 14659.05 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
35to read:end insert
The Director of General Services, the Office of Risk
37and Insurance Management, any state office designated pursuant
38to Section 14659.02, or their designees may administer oaths,
39certify to all official acts, and issue subpoenas for the attendance
40of witnesses and production of papers, books, accounts, documents,
P124 1and testimony in any inquiries, investigations, hearings, or
2proceedings conducted in accordance with Section 14659.
begin insertSection 14659.06 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
4to read:end insert
The Department of General Services, the Office of
6Risk and Insurance Management, any state office designated
7pursuant to Section 14659.02, or their designees may administer
8oaths, examine witnesses, issue subpoenas, and receive evidence
9under such rules and regulations, pursuant to Section 14659, as
10the Department of General Services may adopt.
begin insertSection 14659.07 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
12to read:end insert
The Department of General Services shall have a
14seal, bearing the following inscription: “Department of General
15Services.” The seal shall be fixed to all writs and authentications
16of copies of records and to other instruments that the department
17directs.
begin insertArticle 3.5 (commencing with Section 14691) is
19added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the end insertbegin insert20
Government Codeend insertbegin insert, to read:end insert
21
(a) For purposes of this article, the following
25definitions shall apply:
26
(1) “Acquisition” includes purchase, option to purchase, or
27lease of real property, including lease purchase or lease with
28option to purchase.
29
(2) “Planning” includes studies, suitability reports,
30environmental review, program management, and master planning.
31Services to deliver “planning” shall be considered “architectural
32and engineering services” as that term is used in Section 4529.10.
33
(3) “State project” means any planning, acquisition, design, or
34construction undertaken pursuant to this article and may include
35associated
infrastructure, parking, landscaping, and other ancillary
36components, including furnishings and equipment instrumental to
37the use of a building. “State project” does not include work done
38to the State Capitol or an office building utilized by or under the
39control of the Legislature, including work done pursuant to Article
P125 15.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of
2Division 2.
3
(b) It is the intent of the Legislature that any state project
4authorized pursuant to this article incorporate elements
5complementary to the community in which it is sited, as well as
6elements that promote efficiency and sustainability.
(a) (1) The State Project Infrastructure Fund is hereby
8established in the State Treasury.
9
(2) Notwithstanding Section 13340, the fund is continuously
10appropriated to the department, without regard to fiscal years,
11for the following purposes:
12
(A) Subject to authorization as provided in this article, for state
13projects pursuant to this article.
14
(B) To cover the costs of the report required by Section 9112.
15
(C) (i) For transfer to the Operating Funds of the Assembly
16and Senate, to be used for the capital
outlay projects specified in
17Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part
181 of Division 2.
19
(ii) Upon direction of the Director of Finance, the Controller
20shall transfer from the fund to the Operating Funds of the Assembly
21and the Senate an amount that is consistent with the budget amount
22specified in the report required by Section 9112.
23
(b) Notwithstanding any other law, the Controller may use the
24funds in the State Project Infrastructure Fund for cashflow loans
25to the General Fund as provided in Sections 16310 and 16381.
26
(c) The moneys in this fund shall be exempt from statewide
27general administrative cost recovery pursuant to Article 2
28(commencing with Section 11270) of Chapter 3 of Part 1.
29
(d) Any lease entered into pursuant to
this article is subject to
30the approval of the Department of Finance and any applicable
31notification required by subdivision (d) of Section 14694.
(a) Any state project authorized pursuant to this article
33shall be funded in whole or in part by the State Project
34Infrastructure Fund.
35
(b) Any state project authorized pursuant to this article shall
36be subject to approval and administrative oversight by the
37Department of Finance and the State Public Works Board,
38including, but not limited to, notice requirements for changes to
39the cost and scope of the state project as described in Sections
4013332.11 and 13332.19, as applicable.
(a) Prior to the development of the project scope, cost,
2and delivery method of a state project pursuant to subdivision (b),
3the department, upon approval by the Department of Finance, may
4utilize moneys in the State Project Infrastructure Fund for
5planning.
6
(b) The State Public Works Board shall establish the scope,
7cost, and delivery method for each state project.
8
(c) The Department of Finance, on behalf of the department,
9shall notify the Joint Legislative Budget Committee as follows:
10
(1) At least 20 days prior to an expenditure of funds for any
11planning activity pursuant to subdivision (b). The notice
required
12by this paragraph shall include the purpose of the planning activity
13and estimates of the costs.
14
(2) Except as provided in Section 14695, at least 60 days prior
15to the establishment of the scope, cost, and delivery method of a
16state project pursuant to subdivision (b). The notice required by
17this paragraph shall have the same level of detail as a capital
18outlay budget change proposal and describe the scope, budget,
19delivery method, expected tenants, and schedule for any space to
20be constructed or renovated as part of that state project.
21
(3) At least 30 days prior to the State Public Works Board
22approval of the design of a state project, pursuant to Section
2313332.11 or 13332.19, as applicable. The notice required by this
24paragraph shall include updated estimates of the project’s cost
25and schedule.
26
(4) At
least 30 days prior to entering into a contract or a lease
27arrangement for a state project that includes construction. The
28notice required by this paragraph shall include updated estimates
29of the project’s cost and schedule. A state project delivered by
30lease pursuant to this paragraph shall be exempt from Section
3113332.10.
(a) Notwithstanding Section 14694, with respect to the
33state projects specified in subdivision (b), the Department of
34Finance, on behalf of the department, shall notify the Joint
35Legislative Budget Committee at least 45 days prior to the
36establishment of the scope, cost, and delivery method of the state
37project pursuant to subdivision (b) of Section 14694. The notice
38required by this section shall have the same level of detail as a
39capital outlay budget change proposal and describe the scope,
P127 1budget, delivery method, expected tenants, and schedule for any
2space to be constructed or renovated as part of that state project.
3
(b) This section shall only apply to a state project that is
4comprised solely of either of the following:
5
(1) Replacement of the office building that is, as of the effective
6date of the act adding this section, used by the Natural Resources
7Agency.
8
(2) Construction of an office building located on “O” Street in
9the City of Sacramento that is currently under consideration as of
10the effective date of the act adding this section.
(a) The department shall submit, on a quarterly basis,
12a report on the status of each state project established by the State
13Public Works Board pursuant to Section 14694 to the Joint
14Legislative Budget Committee and to the chairpersons of the Senate
15Committee on Budget and Fiscal Review and the Assembly
16Committee on Budget. The report shall also include the amount
17of expenditures made from the State Project Infrastructure Fund
18for any state project authorized under this article.
19
(b) A report submitted pursuant to subdivision (a) shall be
20submitted in compliance with Section 9795.
The State Public Works Board shall not be deemed a
22lead or responsible agency for purposes of the California
23Environmental Quality Act (Division 13 (commencing with Section
2421000) of the Public Resources Code) for any activities under this
25article. This section is declarative of existing law.
begin insertSection 15202 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
(a) A county that is responsible for the cost of a trial
29or trials or any hearing of a person for the offense of homicide
30may apply to the Controller for reimbursement of the costs incurred
31by the county in excess of the amount of money derived by the
32county from a tax of 0.0125 of 1 percent of the full value of
33property assessed for purposes of taxation within the county.
34(b) The formula in this section shall apply to any homicide trial
35in which the commission of the crime occurred on or after January
361, 2005. Homicide trials for which the crime was committed before
37January 1, 2005, shall qualify under the reimbursement statute in
38effect before that date.
39(c) The Controller shall not reimburse any county for costs that
40exceed thebegin delete California Victim Compensation and Government begin insert
Department of General Services’end insert standards for
P128 1Claims Board’send delete
2travel and per diem expenses. The Controller may reimburse
3extraordinary costs in unusual cases if the county provides
4sufficient justification of the need for these expenditures. Nothing
5in this section shall permit the reimbursement of costs for travel
6in excess of 1,000 miles on any single round trip, without the prior
7approval of the Attorney General.
8(d) Reimbursement funds appropriated pursuant to this section
9are available for three fiscal years from the date of the
10appropriation. After three fiscal years, any unused funds shall
11revert back to the General Fund.
begin insertSection 16302.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
13to read:end insert
(a) Whenever any person pays to any state agency
15pursuant to law an amount covering taxes, penalties, interest,
16license, or other fees, or any other payment, and it is subsequently
17determined by the state agency responsible for the collection
18thereof that this amount includes an overpayment of ten dollars
19($10) or less of the amount due the state pursuant to the assessment,
20levy, or charge to which the payment is applicable, the amount of
21the overpayment may be disposed of in either of the following
22ways:
23(1) The state agency responsible for the collection to which the
24overpayment relates may apply the amount of the overpayment as
25a payment by the person on any other taxes, penalties, interest,
26license, or other fees,
or any other amount due the state from that
27person if the state agency is responsible by law for the collection
28to which the overpayment is to be applied as a payment.
29(2) Upon written request of the state agency responsible for the
30collection to which the overpayment relates, the amount of the
31overpayment shall, on order of the Controller, be deposited as
32revenue in the fund in the State Treasury into which the collection,
33exclusive of overpayments, is required by law to be deposited.
34(b) Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert may adopt rules
35Claims Boardend delete
36and regulations to permit state agencies to retain these
37overpayments where a demand for refund
permitted by law is not
38made within six months after the refund becomes due, and the
39retained overpayments shall belong to the state.
P129 1(c) Except as provided in subdivision (b), this section shall not
2affect the right of any person making overpayment of any amount
3to the state to make a claim for refund of the overpayment, nor the
4authority of any state agency or official to make payment of any
5amount so claimed, if otherwise authorized by law.
begin insertSection 16304.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
Within the time during which the appropriation is
9available for expenditure, thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
10and Government Claims Boardend delete
11 at the request of the director of the department concerned and with
12the approval of the Director of Finance, may authorize that
13unneeded funds in any appropriation for the support of an
14institution, school, or college or for family care or private home
15care or for parole supervision activities within any of the following
16departments shall be available and be deemed appropriated for the
17support of any institution, school, or college or for family care or
18private home care or for parole
supervision activities within the
19same department:
20(a) Department of Corrections and Rehabilitation.
21(b) Department of the Youth Authority.
22(c) State Department of Education.
23(d) State Department of State Hospitals.
begin insertSection 16383 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert
Warrants may be drawn by the Controller against the
27General Cash Revolving Fund, to the extent of the amounts
28available, in accordance with demands audited pursuant to law
29and rules and regulations prescribed from time to time by the
30begin delete California Victim Compensation and Government Claims Board,end delete
31begin insert Department of General Services,end insert and also to meet other payments
32provided by law to be made from the General Fund. The Treasurer
33may pay from the General Cash Revolving Fund the warrants so
34drawn.
begin insertSection 16431 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
36to read:end insert
(a) Notwithstanding any other provisions of this code,
38funds held by thebegin delete stateend deletebegin insert state,end insert pursuant to a written agreement
39between the state and employees of the state to defer a portion of
40the compensation otherwise receivable by the state’s employees
P130 1and pursuant to a plan for that deferral as adopted by the state and
2approved by thebegin delete California Victim Compensation and Government begin insert Department of General Services,end insert
may be invested
3Claims Board,end delete
4in the types of investments set forth in Sections 53601 andbegin delete 53602,end delete
5begin insert 53602end insert and may additionally be invested in corporate stocks, bonds,
6and securities, mutual funds, savings and loan accounts, credit
7union accounts, annuities, mortgages, deeds of trust, or other
8security interests in real or personal property. Nothing in this
9section shall be construed to permit any type of investment
10prohibited by the California Constitution.
11(b) Deferred compensation funds are public pension or
12retirement funds for the purposes of Section 17 of Article XVI of
13the California Constitution.
begin insertSection 17051.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert
A state agency shall notify the Treasurer not to pay
17a warrant drawn by the Controller upon that agency’s request
18whenever that agency has reason to believe that the Controller has
19drawn or is about to draw his or her warrant without legal authority,
20for a larger amount than is owed by the state, or in a manner not
21in conformity with the regulations adopted by thebegin delete California Victim begin insert Department of
22Compensation and Government Claims Boardend delete
23General Servicesend insert for the presentation and audit of claims. Upon
24notification from a state agency as described in this section, the
25Treasurer shall refuse payment of the subject warrant
until he or
26she is otherwise directed by the agency or the Legislature.
begin insertSection 17201 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert
Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert may make rules
30Claims Boardend delete
31and regulations governing the issuance and sale of registered
32warrants.
begin insertSection 17518.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
(a) “Reasonable reimbursement methodology” means
36a formula for reimbursing local agencies and school districts for
37costs mandated by the state, as defined in Section 17514.
38(b) A reasonable reimbursement methodology shall be based
39on cost information from a representative sample of eligible
P131 1claimants, information provided by associations of local agencies
2and school districts, or other projections of local costs.
3(c) A reasonable reimbursement methodology shall consider
4the variation in costs among local agencies and school districts to
5implement the mandate in a cost-efficient manner.
6(d) Whenever possible, a reasonable reimbursement
7methodology shall be based on general allocation formulas,
8uniform cost allowances, and other approximations of local costs
9mandated by the state, rather than detailed documentation of actual
10local costs. In cases when local agencies and school districts are
11projected to incur costs to implement a mandate over a period of
12more than one fiscal year, the determination of a reasonable
13reimbursement methodology may consider local costs and state
14reimbursements over a period of greater than one fiscal year, but
15not exceeding 10 years.
16
(e) (1) A reasonable reimbursement methodology that is based
17on, in whole or in part, costs that have been included in claims
18submitted to the Controller for reimbursement shall only use costs
19that have been audited by the Controller.
20
(2) Upon receiving a reasonable reimbursement methodology
21proposal that is based on, in whole or in part, costs that have been
22included in claims submitted to the Controller for reimbursement,
23the Commission on State Mandates shall notify the Controller
24within 30 days of receiving the proposed reasonable reimbursement
25methodology.
26
(3) The Controller shall select and audit a representative sample
27of the claimed costs used in the proposed reasonable
28reimbursement methodology within 360 days of being notified by
29the Commission on State Mandates.
30
(4) The allowable costs reported by the Controller as a result
31of the audits shall be the costs used for the proposed reasonable
32reimbursement methodology.
33(e)
end delete
34begin insert(f)end insert A reasonable reimbursement methodology may be developed
35by any of the following:
36(1) The Department of Finance.
37(2) The Controller.
38(3) An affected state agency.
39(4) A claimant.
40(5) An interested party.
begin insert
P132 1
(g) The Controller, in coordination with the Commission on
2State Mandates and Department of Finance, shall by October 1,
32018, prepare a report to the Legislature, in
accordance with
4Section 9795, regarding implementation of the new reasonable
5reimbursement process.
6
(h) The appropriate policy committees in each house of the
7Legislature shall hold hearings on the report referenced in
8subdivision (g).
9
(i) This section shall remain in effect only until July 1, 2019,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before July 1, 2019, deletes or extends that date.
begin insertSection 17518.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
13to read:end insert
(a) “Reasonable reimbursement methodology” means
15a formula for reimbursing local agencies and school districts for
16costs mandated by the state, as defined in Section 17514.
17
(b) A reasonable reimbursement methodology shall be based
18on cost information from a representative sample of eligible
19claimants, information provided by associations of local agencies
20and school districts, or other projections of local costs.
21
(c) A reasonable reimbursement methodology shall consider
22the variation in costs among local agencies and school districts
23to implement
the mandate in a cost-efficient manner.
24
(d) Whenever possible, a reasonable reimbursement
25methodology shall be based on general allocation formulas,
26uniform cost allowances, and other approximations of local costs
27mandated by the state, rather than detailed documentation of actual
28local costs. In cases when local agencies and school districts are
29projected to incur costs to implement a mandate over a period of
30more than one fiscal year, the determination of a reasonable
31reimbursement methodology may consider local costs and state
32reimbursements over a period of greater than one fiscal year, but
33not exceeding 10 years.
34
(e) A reasonable reimbursement methodology may be developed
35by any of the following:
36
(1) The Department of Finance.
37
(2) The Controller.
38
(3) An affected state agency.
39
(4) A claimant.
40
(5) An interested party.
P133 1
(f) This section shall become operative on July 1, 2019.
2
(Amended by Stats. 2007, Ch. 329, Sec. 1. Effective January 1,
32008.)
begin insertSection 18708 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
The board shall cooperate with the Director of Finance,
7the Department of Human Resources,begin delete the California Victim the Controller, and
8Compensation and Government Claims Board,end delete
9other statebegin delete agencies,end deletebegin insert agenciesend insert in matters not covered by thisbegin delete part,end delete
10begin insert partend insert and not inconsistent with thisbegin delete part,end deletebegin insert
partend insert to promote the efficient
11and economical administration of the state’s business.
begin insertSection 19815.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
13to read:end insert
The director shall do all of the following:
15(a) Be responsible for the management of the department.
16(b) Administer and enforce the laws pertaining to personnel.
17(c) Observe and report to the Governor on the conditions of the
18nonmerit aspects of personnel.
19(d) Formulate, adopt, amend, or repeal rules, regulations, and
20general policies affecting the purposes, responsibilities, and
21jurisdiction of the department and that are consistent with the law
22and necessary for personnel administration.
23All regulations
relating to personnel administration heretofore
24adopted pursuant to this part by the State Personnel Board,
25California Victim Compensationbegin delete and Government Claimsend delete
Board,
26begin insert theend insert
Department of General Services, and the Department of
27Finance, and in effect on the operative date of this part, shall remain
28in effect and shall be fully enforceable unless and until readopted,
29amended, or repealed by the director.
30(e) Hold hearings, subpoena witnesses, administer oaths, and
31conduct investigations concerning all matters relating to the
32department’s jurisdiction.
33(f) Act on behalf of the department and delegate powers to any
34authorized representative.
35(g) Serve as the Governor’s designated representative pursuant
36to Section 3517.
37(h) Perform any other duties that may be prescribed by law, and
38any other administrative and executive duties that have by other
39provisions of law been previously
imposed.
begin insertSection 20163 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
(a) If more or less than the correct amount of
4contribution required of members, the state, or any contracting
5agency, is paid, proper adjustment shall be made in connection
6with subsequent payments, or the adjustments may be made by
7direct cash payments between the member, state, or contracting
8agency concerned and the board or by adjustment of the employer’s
9rate of contribution. Adjustments to correct any other errors in
10payments to or by the board, including adjustments of
11contributions, with interest, that are found to be erroneous as the
12result of corrections of dates of birth, may be made in the same
13manner. Adjustments to correct overpayment of a retirement
14allowance may also be made by adjusting the allowance so that
15the retired person or the retired person and his or her
beneficiary,
16as the case may be, will receive the actuarial equivalent of the
17allowance to which the member is entitled. Losses or gains
18resulting from error in amounts within the limits set by the
19begin delete California Victim Compensation and Government Claims Boardend delete
20begin insert Department of General Servicesend insert for automatic writeoff, and losses
21or gains in greater amounts specifically approved for writeoff by
22thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services,end insert shall be debited or
23Board,end delete
24credited, as the case may be, to the reserve against deficiencies in
25interest earned in other years, losses under investments, and
other
26contingencies.
27(b) No adjustment shall be made because less than the correct
28amount of normal contributions was paid by a member if the board
29finds that the error was not known to the member and was not the
30result of erroneous information provided by him or her to this
31system or to his or her employer. The failure to adjust shall not
32preclude action under Section 20160 correcting the date upon
33which the person became a member.
34(c) The actuarial equivalent under this section shall be computed
35on the basis of the mortality tables and actuarial interest rate in
36effect under this system on December 1, 1970, for retirements
37effective through December 31, 1979. Commencing with
38retirements effective January 1, 1980, and at corresponding 10-year
39intervals thereafter, or more frequently at the board’s discretion,
40the board shall change the basis for calculating actuarial equivalents
P135 1
under this article to agree with the interest rate and mortality tables
2in effect at the commencement of each 10-year or succeeding
3interval.
begin insertSection 21223 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
A retired person may serve without reinstatement from
7retirement or loss or interruption of benefits provided under this
8system upon approval of the Director of Human Resources or the
9governing body of a contracting agency, as the case may be, under
10employment by any state or contracting agency in which he or she
11previously served while a member of this system, where by reason
12of actual litigation, or a proceeding before thebegin delete California Victim begin insert Department of
13Compensation and Government Claims Boardend delete
14General Servicesend insert or the governing body of a contracting agency,
15as the case may be, or where the state or contracting agency desires
16to perpetuate testimony in
connection with any anticipated litigation
17involving the state or contracting agency, and adverse interests,
18the services of the person are or may be necessary in preparing for
19trial or in testifying as to matters within or based upon his or her
20knowledge acquired while employed. He or she may be paid a per
21diem and actual and necessary traveling expenses, but he or she
22shall not be paid at a greater rate of compensation per diem than
23the rate ordinarily paid other persons by state agencies or the
24contracting agency for similar services. However, there shall be
25deducted from the per diem compensation sums equal to the
26retirement annuity allocable to the days of actual employment
27under this section.
begin insertSection 21265 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
Retired members of this system, and beneficiaries who
31are entitled to receive allowances or benefits under this part, may
32authorize deductions to be made from their retirement allowance
33payments or from the allowances and benefits, respectively, or
34from either or both when both are being received in accordance
35with regulations established by the board for the payment of
36charitable contributions under any plan approved by the board. In
37lieu of approving individual plans, the board, at its discretion, may
38adopt by reference those plans approved by thebegin delete California
Victim
39Compensation and Government Claims Boardend delete
40General Servicesend insert under Section 13923. The board shall determine
P136 1the additional cost involved in making deductions under this
2section, and the agency to receive the contributions shall pay the
3amount of the additional cost to the board for deposit in the
4retirement fund.
begin insertSection 22910 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert
(a) There shall be maintained in the State Treasury the
8Public Employees’ Contingency Reserve Fund. The board may
9invest funds in the Public Employees’ Contingency Reserve Fund
10in accordance with thebegin delete provisions ofend delete law governing its investment
11of the retirement fund.
12(b) (1) An account shall be maintained within the Public
13Employees’ Contingency Reserve Fund with respect to the health
14benefit plans the board has approved or that have entered into a
15contract with the board. The account shall be credited, from time
16to time and in amounts as determined by the board, with moneys
17contributed under Section 22885 or 22901 to provide an adequate
18contingency reserve.
The income derived from any dividends, rate
19adjustments, or other funds received from a health benefit plan
20shall be credited to the account. The board may deposit, in the
21same manner as provided in paragraph (4), up to one-half of 1
22percent of premiums in the account for purposes of cost
23containment programs, subject to approval as provided in paragraph
24(2) of subdivision (c).
25(2) The account for health benefit plans may be utilized to defray
26increases in future rates, to reduce the contributions of employees
27and annuitants and employers, to implement cost containment
28programs, or to increase the benefits provided by a health benefit
29plan, as determined by the board. The board may use penalties and
30interest deposited pursuant to subdivision (c) of Section 22899 to
31pay any difference between the adjusted rate set by the board
32pursuant to Section 22864 and the applicable health benefit plan
33contract rates.
34(3) The total credited to the account for health benefit plans at
35any time shall be limited, in the manner and to the extent the board
36may find to be most practical, to a maximum of 10 percent of the
37total of the contributions of the employers and employees and
38annuitants in any fiscal year. The board may undertake any action
39to ensure that the maximum amount prescribed for the fund is
40approximately maintained.
P137 1(4) Board rules and regulations adopted pursuant to Section
222831 to minimize the impact of adverse selection or contracts
3entered into pursuant to Section 22864 to implement health benefit
4plan performance incentives may provide for deposit in and
5disbursement to carriers or to Medicare from the account the
6portion of the contributions otherwise payable directly to the
7carriers by the Controller under Section 22913 as may be required
8for that purpose. The deposits shall not
be included in applying
9the limitations, prescribed in paragraph (3), on total amounts that
10may be deposited in or credited to the fund.
11(5) Notwithstanding Section 13340, all moneys in the account
12for health benefit plans are continuously appropriated without
13regard to fiscal year for the purposes provided in this subdivision.
14(c) (1) An account shall also be maintained in the Public
15Employees’ Contingency Reserve Fund for administrative expenses
16consisting of funds deposited for this purpose pursuant to Sections
1722885 and 22901.
18(2) The moneys deposited pursuant to Sections 22885 and 22901
19in the Public Employees’ Contingency Reserve Fund may be
20expended by the board for administrative purposes, provided that
21the expenditure is approvedbegin delete byend deletebegin insert
inend insert thebegin delete Department of Finance and begin insert annual Budget Act.end insert
22the Joint Legislative Budget Committee in the manner provided
23in the Budget Act for obtaining authorization to expend at rates
24requiring a deficiency appropriation, regardless of whether the
25expenses were anticipated.end delete
26(d) An account shall be maintained in the Public Employees’
27Contingency Reserve Fund for the contributions required pursuant
28to Section 22870. Notwithstanding Section 13340, the funds are
29continuously appropriated, without regard to fiscal year, for the
30payment of premiums or other charges to carriers or the Public
31Employees’ Health Care Fund. This subdivision shall not apply
32to state administrative costs, which shall continue to be subject to
33
Section 13340.
34(e) An account shall be maintained in the Public Employees’
35Contingency Reserve Fund for the contributions required pursuant
36to Section 22890 and for payments made pursuant to subdivision
37(f) of Section 22850. Notwithstanding Section 13340, the funds
38are continuously appropriated, without regard to fiscal year, for
39the payment of premiums or other charges to carriers or the Public
40Employees’ Health Care Fund. Penalties and interest paid pursuant
P138 1to subdivision (c) of Section 22899 shall be deposited in the
2account pursuant to paragraphs (1) and (2) of subdivision (b).
3(f) Accounts shall be maintained in the Public Employees’
4Contingency Reserve Fund for complementary annuitant premiums
5and related administrative expenses paid by annuitants pursuant
6to Section 22802. Notwithstanding Section 13340, the funds are
7continuously appropriated, without regard to fiscal
year, to
8reimburse the Public Employees’ Retirement Fund, the Judges’
9Retirement Fund, the Judges’ Retirement Fund II, and the
10Legislators’ Retirement Fund, as applicable, for payment of
11annuitant health premiums, and for the payment of premiums and
12other charges to carriers or to the Public Employees’ Health Care
13Fund. Administrative expenses deposited in this account shall be
14credited to the account provided by subdivision (c).
15(g) Amounts received by the board for retiree drug subsidy
16payments that are attributed to contracting agencies and their
17annuitants and employees pursuant to subdivision (c) of Section
1822910.5 shall be deposited in the Public Employees’ Contingency
19Reserve Fund. Notwithstanding Section 13340, these amounts are
20continuously appropriated, without regard to fiscal year, for the
21payment of premiums, costs, contributions, or other benefits related
22to contracting agencies and their employees and annuitants, and
23as
consistent with the Medicare Prescription Drug Improvement
24and Modernization Act, as amended.
25(h) The Account for Retiree Drug Subsidy Payments is hereby
26established in the Public Employees’ Contingency Reserve Fund
27and funds in that account shall, upon appropriation by the
28Legislature, be used for the purposes described in Section 22910.5.
29(i) Notwithstanding any other law, the Controller may use the
30moneys in the Public Employees’ Contingency Reserve Fund for
31loans to the General Fund as provided in Sections 16310 and
3216381. However, interest shall be paid on all moneys loaned to
33the General Fund from the Public Employees’ Contingency Reserve
34Fund. Interest payable shall be computed at a rate determined by
35the Pooled Money Investment Board to be the current earning rate
36of the fund from which loaned. This subdivision does not authorize
37any transfer that will interfere with the
carrying out of the object
38for which the Public Employees’ Contingency Reserve Fund was
39created.
begin insertSection 22911 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
(a) There shall be maintained in the State Treasury the
4Public Employees’ Health Care Fund to fund the health benefit
5plans administered or approved by the board. The board may invest
6funds in the Public Employees’ Health Care Fund in accordance
7with the provisions of law governing its investment of the
8retirement fund.
9(b) The Public Employees’ Health Care Fund shall consist of
10the following:
11(1) Any self-funded or minimum premium plan premiums paid
12by contracting agencies, the state and enrolled employees,
13annuitants, and family members, including premiums paid directly
14for continuation coverage authorized under the Consolidated
15Omnibus Budget Reconciliation Act, and as authorized by this
16
part.
17(2) Any reserve moneys from terminated health benefit plans
18designated by the board.
19(3) Any moneys from a health benefit plan for risk adjustment
20pursuant to Section 22864.
21(c) Income earned on the Public Employees’ Health Care Fund
22shall be credited to the fund.
23(d) Notwithstanding Section 13340, the Public Employees’
24Health Care Fund is continuously appropriated, without regard to
25fiscal years, to pay benefits and claimsbegin delete costs, the costs of begin insert costs forend insert self-funded or minimum premium health
26administeringend delete
27benefit plans,begin insert
andend insert refunds to those who made direct premium
28
begin delete payments, and other costs as the board may determine necessary, begin insert
payments.end insert
29consistent with its fiduciary duty.end delete
30
(e) The moneys deposited in the Public Employees’ Health Care
31Fund may be expended by the board for administrative purposes
32provided that the expenditure is approved in the annual Budget
33Act.
34(e)
end delete
35begin insert(f)end insert The Legislature finds and declares that the Public Employees’
36Health Care Fund is a trust fund held for the exclusive benefit of
37enrolled employees, annuitants, family members, the self-funded
38plan administrator, and those contracting to provide medical and
39
hospital care services.
40(f)
end delete
P140 1begin insert(g)end insert Notwithstanding subdivisions (d) andbegin delete (e),end deletebegin insert (f),end insert the board may
2use reserves generated by one or more self-funded health benefit
3plans for risk adjustment programs and procedures pursuant to
4paragraph (3) of subdivision (f) of Section 22850 and paragraph
5(5) of subdivision (b) of Section 22864.
begin insertSection 26749 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
The sheriff shall receive expenses necessarily incurred
9in conveying persons to and from the state hospitals and in
10conveying persons to and from the state prisons or other state
11institutions, or to other destinations for the purpose of deportation
12to other states, or in advancing actual traveling expenses to any
13person committed to a state institution who is permitted to report
14to an institution without escort, which expenses shall be allowed
15as provided by Chapter 6 (commencing with Section 4750) of Title
165 of Part 3 of the Penal Code for cases subject to that chapter, and,
17otherwise, by thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert
and paid by the
18Claims Boardend delete
19state.
begin insertSection 68503 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert
Members of committees appointed pursuant to Section
2368501 shall receive no compensation from the state for their
24services. When called into session by the Chairperson of the
25Judicial Council, members shall receive their actual and necessary
26expenses for travel, board, and lodging, which shall be paid from
27the funds appropriated to the use of the council. These expenses
28shall be approved in the manner that the council directs, and shall
29be audited by the Controller in accordance with the rules of the
30
begin delete California Victim Compensation and Government Claims Board.end delete
31
begin insert Department of General Services.end insert
begin insertSection 68506 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33to read:end insert
All salaries and expenses incurred by the council
35pursuant to this article, including the necessary expenses for travel,
36board, and lodging of the members of the council and its officers,
37assistants, and other employees incurred in the performance of the
38duties and business of the council, shall be paid from the funds
39appropriated for the use of the council. The salaries and expenses
40shall be approved in the manner that the council directs, and shall
P141 1be audited by the Controller in accordance with the rules of the
2
begin delete California Victim Compensation and Government Claims Board.end delete
3
begin insert Department of General Services.end insert
begin insertSection 68543 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert
The extra compensation and expenses for travel, board,
7and lodging of judges sitting in the Supreme Court and courts of
8appeal under assignments made by the Chairperson of the Judicial
9Council shall be paid by the state under the rules adopted by the
10begin delete California Victim Compensation and Government Claims Boardend delete
11begin insert Department of General Servicesend insert that are applicable to officers of
12the state provided for in Article VI of the California Constitution
13while traveling on official state business.
begin insertSection 68543.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert
(a) Whenever a judge who has retired under the
17Judges’ Retirement System or the Judges’ Retirement System II
18is assigned to serve in a court of record, the state shall pay the
19judge for each day of service in the court in the amount specified
20in Section 68543.7, without loss or interruption of retirement
21benefits, unless the judge waives compensation under this section.
22Whenever a retired judge of a justice court who is not a member
23of the Judges’ Retirement System nor the Judges’ Retirement
24System II is assigned to serve in a court of record, the state shall
25pay the judge for each day of service in the court in the amount
26specified in Section 68543.7, or the compensation specified in
27Section 68541, whichever is greater. The compensation shall be
28paid by the Judicial Council out of
any appropriation for extra
29compensation of judges assigned by the Chairperson of the Judicial
30Council.
31(b) If a judge who has retired under the Judges’ Retirement
32System or the Judges’ Retirement System II is assigned to serve
33in a court of record, the 8-percent difference between the
34compensation of the retired judge while so assigned and the
35compensation of a judge of the court to which the retired judge is
36assigned shall be paid to the Judges’ Retirement Fund or the
37Judges’ Retirement System II Fund, as applicable.
38(c) During the period of assignment, a retired judge shall be
39allowed expenses for travel, board, and lodging incurred in the
40discharge of the assignment. When assigned to sit in the county
P142 1in which he or she resides, the judge shall be allowed expenses for
2travel and board incurred in the discharge of the assignment. The
3expenses for travel, board, and lodging
shall be paid by the state
4under the rules adopted by thebegin delete California Victim Compensation begin insert
Department of General Servicesend insert
5and Government Claims Boardend delete
6 that are applicable to officers of the state provided for in Article
7VI of the California Constitution while traveling on official state
8business.
9(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
10compensation, a retired judge on senior judge status shall receive
11compensation from the state as provided in Sections 75028 and
1275028.2, and shall be allowed expenses for travel, board, and
13lodging incurred in the discharge of the assignment as provided
14in this section.
begin insertSection 68543.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
(a) The Legislature finds that there is a shortage of
18judicial officers available to provide temporary assistance to courts
19in rural counties, under assignment by the chief justice. When
20courts are unable to obtain temporary assistance, delay of both
21civil trials and case settlements occur. The availability of an
22assigned judge can substantially reduce these delays. The purpose
23of this section is to make judicial assistance more available.
24(b) The Judicial Council shall contract with up to 10 retired
25judges who shall be available to be assigned up to 110 court days
26each year by the Chairperson of the Judicial Council to courts in
27counties that have requested these judges for purposes of reducing
28delays in civil trials
in those courts. If counties request more than
2910 retired judges pursuant to this section, the Judicial Council shall
30give priority in assigning the retired judges to counties with fewer
31than 10 judges.
32A judge under contract pursuant to this section shall serve as
33assigned during the period of the contract and waives any right to
34refuse assignment as otherwise provided by law. This section shall
35not be construed to limit the authority of the Chief Justice to make
36assignments to expedite judicial business and to equalize the
37workload of judges.
38(c) Notwithstanding Section 68543.5, each judge under contract
39pursuant to this section shall receive one-half of the daily salary
P143 1of a superior court judge for each day of service, in addition to any
2retirement benefits to which the judge may be entitled.
3(d) The assigned judge’s salary shall be
paid by the state. A
4retired judge under contract pursuant to this section shall be
5allowed expenses for travel, board, and lodging incurred in the
6discharge of each assignment. When assigned to sit in the county
7in which he or she resides, the judge shall be allowed necessary
8and reasonable expenses for travel and board incurred in the
9discharge of the assignment. The expenses for travel, board, and
10lodging shall be paid by the state under the rules adopted by the
11begin delete California Victim Compensation and Government Claims Boardend delete
12begin insert Department of General Servicesend insert that are applicable to officers of
13the state provided for in Article VI of the California Constitution
14while traveling on official state business.
begin insertSection 68565 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
(a) The Judicial Council may establish a court
18interpreters advisory panel to assist the council in performing its
19duties under this article. The panel shall include a majority of court
20interpreters and may include judges and court administrators,
21members of the bar, and others interested in interpreter services
22in the courts. The panel shall develop operating guidelines and
23procedures for Judicial Council approval.
24(b) The panel shall seek the advice of judges, attorneys, court
25administrators, court interpreters, providers of legal services, and
26individuals and organizations representing the interests of foreign
27language users.
28(c) Panel members shall
receive no compensation for their
29services but shall be allowed necessary expenses for travel, board,
30and lodging incurred in the discharge of their duties under the rules
31adopted by thebegin delete California Victim Compensation and Government begin insert Department of General Services.end insert
32Claims Board.end delete
begin insertSection 1492 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
34amended to read:end insert
A county hospital shall provide persons examined or
36treated in connection with rape or other sexual assaults with
37information regarding assistance which may be provided pursuant
38to Article 1 (commencing with Section 13959) of Chapter 5 of
39Part 4 of Division 3 of Title 2 of the Government Code, together
P144 1with forms made available by thebegin delete Stateend deletebegin insert California Victim
2Compensationend insert Boardbegin delete of Controlend delete for filing of claims thereunder.
begin insertSection 11502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4amended to read:end insert
(a) All moneys, forfeited bail, or fines received by any
6court under this division shall as soon as practicable after the
7receipt thereof be deposited with the county treasurer of the county
8in which the court is situated. Amounts so deposited shall be paid
9at least once a month as follows: 75 percent to the State Treasurer
10by warrant of the county auditor drawn upon the requisition of the
11clerk or judge of the court to be deposited in the State Treasury
12on order of thebegin delete Stateend delete Controller; and 25 percent to the city treasurer
13of the city, if the offense occurred in a city, otherwise to the
14treasurer of the county in which the prosecution is conducted.
15(b) Any money deposited in the State Treasury under this section
16that is determined by thebegin delete Stateend delete Controller to have been erroneously
17deposited therein shall be refunded by him orbegin delete her, subject to the begin insert herend insert out of any
18approval of the California Victim Compensation and Government
19Claims Board prior to the payment of the refund,end delete
20moneys in the State Treasury that are available by law for that
21purpose.
begin insertSection 13052 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert
(a) The public entity rendering the service may present
25a claim to the public entity liable therefor. If the claim is approved
26by the head of the fire department, if any, in the public entity to
27which the claim is presented, and by its governing body, it shall
28be paid in the same manner as other charges and if the claim is not
29paid, an action may be brought for its collection.
30(b) Notwithstanding any other provision of this section, any
31claims against the state shall be presented to thebegin delete California Victim begin insert Department of
32Compensation and Government Claims Boardend delete
33
General Servicesend insert in accordance with Part 3 (commencing with
34Section 900) and Part 4 (commencing with Section 940) of Division
353.6 of Title 1 of the Government Code.
begin insertSection 25370 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37repealed.end insert
“Board” as used in this article, means the California
39Victim Compensation and Government Claims Board.
begin insertSection 25372 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
Any person may apply to thebegin delete board,end deletebegin insert Department of
4General Servicesend insert pursuant to Section 25373, for compensation of
5a loss caused by the release, in California, of a hazardous substance
6if any of the following conditions are met:
7(a) The source of the release of the hazardous substance, or the
8identity of the party liable for damages in connection therewith or
9responsible for the costs of removal of the hazardous substance,
10is unknown or cannot, with reasonable diligence, be determined.
11(b) The loss was not compensable pursuant to law, including
12Chapter 6.5 (commencing with Section 25100), because there is
13no liable party or the judgment could not be satisfied, in whole or
14part, against the party determined to be liable for the release of the
15hazardous substance.
16(c) The person has presented a written demand for
17compensation, which sets forth the basis for the claim, to the party
18which the person reasonably believes is liable for a loss specified
19in paragraph (1) of subdivision (a) of Section 25375 which was
20incurred by that person and is compensable pursuant to this article,
21the person has presented thebegin delete boardend deletebegin insert Department of General Servicesend insert
22 with a copy of the demand, and, within 60 days after presenting
23the demand, the party
has either rejected, in whole or in part, the
24demand to be compensated for a loss specified in paragraph (1) of
25subdivision (a) of Section 25375, or has not responded to the
26demand. Only losses specified in paragraph (1) of subdivision (a)
27of Section 25375 are compensable under a claim filed pursuant to
28this subdivision.
begin insertSection 25373 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert
Thebegin delete boardend deletebegin insert Department of General Servicesend insert shall
32prescribe appropriate forms and procedures for claims filed
33pursuant to this article, which shall include, as a minimum, all of
34the following:
35(a) A provision requiring the claimant to make a sworn
36verification of the claim to the best of his or her knowledge.
37(b) A full description, supported by appropriate evidence from
38government agencies of the release of the hazardous substance
39claimed to be the cause of the physical injury or illness or
loss of
40income.
P146 1(c) Certification by the claimant of dates and places of residence
2for the five years preceding the date of the claim.
3(d) Certification of the medical history of the claimant for the
4five years preceding the date of the claim, along with certification
5of the alleged physical injury or illness and expenses for the
6physical injury or illness. The certification shall be made by
7hospitals, physicians, or other qualified medical authorities.
8(e) The claimant’s income as reported on the claimant’s federal
9income tax return for the preceding three years in order to compute
10lost wages or income.
11(f) Any person who knowingly gives, or causes to be given,
12any false information as a part of any such claim shall be guilty
13of a misdemeanor and
shall, upon conviction, be fined up to five
14thousand dollars ($5,000), or imprisoned for not more than one
15year, or both.
begin insertSection 25374 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
17amended to read:end insert
All decisions rendered by thebegin delete boardend deletebegin insert Department of
19General Servicesend insert shall be in writing, with notification to all
20appropriate parties, and shall be rendered within 90 days of
21submission of a claim to thebegin delete boardend deletebegin insert Department of General Servicesend insert
22 unless all the parties to the claim agree in writing to an extension
23of time. The decision shall be considered a final agency action for
24the purposes of judicial review of the decision by any
party to the
25proceedings resulting in the decision.
begin insertSection 25375 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) If thebegin delete boardend deletebegin insert Department of General Servicesend insert makes
29the determination, specified in subdivision (b), that losses resulted
30from the claimant’s damages, injury, or disease, only the following
31losses are compensable pursuant to this article:
32(1) One hundred percent of uninsured, out-of-pocket medical
33expenses, for up to three years from the onset of treatment.
34(2) Eighty percent of any uninsured, actual lost wages, or
35business income in lieu of wages, caused by injury to
the claimant
36or the claimant’s property, not to exceed fifteen thousand dollars
37($15,000) per year for three years.
38(3) One hundred percent of uninsured, out-of-pocket expenses
39for remedial action on the claimant’s property undertaken to
P147 1address a release of a hazardous substance when all of the following
2apply:
3(A) The claimant’s property is an owner-occupied single-family
4residence.
5(B) The remedial action was ordered by federal, state, or local
6authorities due to a release of a hazardous substance.
7(C) The department makes one of the following determinations:
8(i) The release of the hazardous substance originated outside
9the boundaries of the property.
10(ii) The release of the hazardous substance occurred on the
11property, was the result of an action which violated state or federal
12law, and the responsible party cannot be identified or cannot be
13located, or a judgment against the responsible party cannot be
14satisfied.
15The maximum compensation under this paragraph is limited to
16twenty-five thousand dollars ($25,000) per residence and to one
17hundred thousand dollars ($100,000) for five contiguous residential
18properties. Any compensation provided shall be reduced by the
19amount that the remedial action results in a capital improvement
20to the claimant’s residence.
21(4) One hundred percent of the fair market value of
22owner-occupied real property that is rendered permanently unfit
23for occupancy because of the release of a hazardous substance.
24For purposes of this paragraph, real property is rendered
25
permanently unfit for occupancy only if a state or federal agency
26requires that it be evacuated for a period of six or more months
27because of the release of a hazardous substance. The fair market
28value of the real property shall be determined by an independent
29appraiser, and shall be considered by the independent appraiser as
30being equal to the value of the real property prior to the release of
31the hazardous substance that caused the evacuation of the property.
32Where compensation is made by thebegin delete boardend deletebegin insert Department of General
33Servicesend insert pursuant to this paragraph, sole ownership of the real
34property shall be transferred to the state and any proceeds resulting
35from the final disposition of the real property shall be deposited
36into the state account, for expenditure by the department upon
37appropriation by the Legislature. To be
eligible for compensation
38pursuant to this paragraph, claims for compensation shall be made
39within 12 months of the date on which the evacuation was ordered.
P148 1(5) One hundred percent of the expenses incurred due to the
2evacuation of a residence ordered by a state or federal agency. For
3purposes of this paragraph, “evacuation expenses” include the cost
4of shelter and any other emergency expenditures incurred due to
5an evacuation ordered by a state or federal agency. Thebegin delete boardend delete
6begin insert Department of General Servicesend insert may provide compensation,
7pursuant to this paragraph, only if it finds that the evacuation
8expenses represent reasonable costs for the goods or services
9purchased, and would not have been incurred if an evacuation
10caused by a hazardous substance release
had not occurred. The
11begin delete boardend deletebegin insert
Department of General Servicesend insert may provide compensation
12for these evacuation expenses only if they were incurred within
1312 months from the date on which evacuation was ordered.
14(b) A loss specified in subdivision (a) is compensable if the
15begin delete boardend deletebegin insert Department of General Servicesend insert makes all of the following
16findings, based upon a preponderance of the evidence:
17(1) A release of a hazardous substance occurred.
18(2) The claimant or the claimant’s property was exposed to the
19release of the hazardous substance.
20(3) The exposure of the
claimant to the release of the hazardous
21substance was of such a duration, and to such a quantity of the
22hazardous substance, that the exposure caused the damages, injury,
23or disease which resulted in the claimant’s loss.
24(4) For purposes of paragraphs (4) and (5) of subdivision (a),
25the hazardous substance release, or the order which resulted in the
26claim for compensation occurred on or after January 1, 1986.
27(5) The conditions and requirements of this article including,
28but not limited to, the conditions of Sections 25372 and 25373,
29have been met.
30(c) No money shall be used for the payment of any claim
31authorized by this chapter, where the claim is the result of
32long-term exposure to ambient concentrations of air pollutants.
begin insertSection 25375.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
34amended to read:end insert
(a) Except as specified in subdivision (b), the
36procedures specified in Article 8 (commencing with Section
3711435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and
38in Section 11513 of, the Government Code apply to the proceedings
39conducted by thebegin delete boardend deletebegin insert Department of General Servicesend insert pursuant
40to this article.
P149 1(b) Notwithstanding subdivision (a), Sections 801, 802, 803,
2804, and 805 of the Evidence Code apply to the proceedings
3conducted by thebegin delete boardend deletebegin insert
Department of General Servicesend insert pursuant
4to this article.
5(c) Thebegin delete boardend deletebegin insert Department of General Servicesend insert may consider
6evidence presented by any person against whom a demand was
7made pursuant to subdivision (c) of Section 25372. The evidence
8presented by that person shall become a part of the record upon
9which thebegin delete board’send deletebegin insert Department of General Services’end insert decision shall
10be based.
begin insertSection 25376 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
No claim may be presented to thebegin delete boardend deletebegin insert Department
14of General Servicesend insert pursuant to this article later than three years
15from the date of discovery of the loss or from January 1, 1982,
16whichever is later.
begin insertSection 25377 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert
Nothing in this article shall require, or be deemed to
20require, pursuit of any claim against thebegin delete boardend deletebegin insert Department of
21General Servicesend insert as a condition precedent to any other remedy.
begin insertSection 25379 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert
(a) The following evidence is not admissible as
25evidence in any civil or criminal proceeding, including a
26subrogation action by the state pursuant to Section 25380, to
27establish the liability of any person for any damages alleged to
28have been caused by a release of a hazardous substance:
29(1) A final decision made by thebegin delete boardend deletebegin insert Department of General
30Servicesend insert pursuant to this article.
31(2) A decision made by thebegin delete boardend deletebegin insert
Department of General
32Servicesend insert
to admit or not admit any evidence.
33(3) Any finding of fact or conclusion of law entered by thebegin delete boardend delete
34begin insert Department of General Servicesend insert in a proceeding for a claim
35pursuant to this article.
36(4) The fact that any person has done any of the following in a
37proceeding for a claim pursuant to Section 25372:
38(A) Chosen to participate or appear.
39(B) Chosen not to participate or appear.
40(C) Failed to appear.
P150 1(D) Settled or offered to settle the claim.
2(b) Subdivision (a) does not apply to any civil action or writ by
3a claimant against thebegin delete boardend deletebegin insert
Department of General Servicesend insert for
4any act, decision, or failure to act on a claim submitted by the
5claimant.
begin insertSection 25380 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended to read:end insert
Compensation of any loss pursuant to this article shall
9be subject to the state’s acquiring, by subrogation, all rights of the
10claimant to recover the loss from the party determined to be liable
11therefor. Upon the request of thebegin delete board,end deletebegin insert Department of General
12Services,end insert the Attorney General shall commence an action in the
13name of the people of the State of California to recover any amount
14paid in compensation for any loss pursuant to this article against
15any party who is liable to the claimant for any loss compensable
16pursuant to this article in accordance with the procedures set forth
17in Sections 25360 to 25364,
inclusive. Moneys recovered pursuant
18to this section shall be deposited in the state account.
begin insertSection 25381 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert
(a) Thebegin delete boardend deletebegin insert Department of General Servicesend insert shall,
22in consultation with the department, adopt, and revise when
23appropriate, all rules and regulations necessary to implement this
24article, including methods that provide for establishing that a
25claimant has exercised reasonable diligence in satisfying the
26conditions specified in Sections 25372, 25373, 25375, and 25375.5,
27and regulations that specify the proof necessary to establish a loss
28compensable pursuant to this article.
29(b) Claims approved by thebegin delete boardend deletebegin insert
Department of General
30Servicesend insert
pursuant to this article shall be paid from the state account.
31(c) The Legislature may appropriate up to two million dollars
32($2,000,000) annually from the state account to be used by the
33begin delete boardend deletebegin insert Department of General Servicesend insert for the payment of awards
34pursuant to this article.
35(d) Claims against or presented to thebegin delete boardend deletebegin insert Department of
36General Servicesend insert shall not be paid in excess of the amount of
37money appropriated for this purpose from the state account. These
38claims shall be paid only
when additional money is collected,
39appropriated, or otherwise added to that account.
begin insertSection 25382 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
Thebegin delete boardend deletebegin insert Department of General Servicesend insert may expend
4from the state account those sums of money as are reasonably
5necessary to administer and carry out this article.
begin insertSection 121270 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended to read:end insert
(a) There is hereby created the AIDS Vaccine Victims
9Compensation Fund.
10(b) For the purposes of this section, the following definitions
11apply:
12(1) “AIDS vaccine” means a vaccine that (A) has been
13developed by any manufacturer and (B) is approved by the FDA
14or the department pursuant to Part 5 (commencing with Section
15109875) of Division 104 as a safe and efficacious vaccine for the
16purpose of immunizing against AIDS.
17(2) “Board” means the California Victim Compensation and
18Government Claims Board.
19(3)
end delete
20begin insert(2)end insert “Damages for personal injuries” means the direct medical
21costs for the care and treatment of injuries to any person, including
22a person entitled to recover damages under Section 377 of the
23Code of Civil Procedure, proximately caused by an AIDS vaccine,
24the loss of earnings caused by the injuries, and the amount
25necessary, but not to exceed five hundred fifty thousand dollars
26($550,000), to compensate for noneconomic losses, including pain
27and suffering caused by the injuries.
28(4)
end delete
29begin insert(3)end insert “Fund” means the
AIDS Vaccine Victims Compensation
30Fund.
31(c) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert
shall pay from
32the fund, contingent entirely upon the availability of moneys as
33provided in subdivision (o), damages for personal injuries caused
34by an AIDS vaccine that is sold in or delivered in California, and
35administered or dispersed in California to the injured person except
36that no payment shall be made for any of the following:
37(1) Damages for personal injuries caused by the vaccine to the
38extent that they are attributable to the comparative negligence of
39the person making the claim.
P152 1(2) Damages for personal injuries in any instance when the
2manufacturer has been found to be liable for the injuries in a court
3of law.
4(3) Damages for personal injuries due to a vaccination
5administered during a clinical trial.
6(d) An application
for payment of damages for personal injuries
7shall be made on a form prescribed by thebegin delete boardend deletebegin insert
Department of
8General Servicesend insert within one year of the date that the injury and
9its cause are discovered. This application may be required to be
10verified. Upon receipt, thebegin delete boardend deletebegin insert Department of General Servicesend insert
11 may require the submission of additional information necessary
12to evaluate the claim.
13(e) (1) Within 45 days of the receipt of the application and the
14submission of any additional information, thebegin delete boardend deletebegin insert
Department
15of General Servicesend insert shall do either of the following:
16(A) Allow the claim in whole or part.
17(B) Disallow the claim.
18(2) In those instances of unusual hardship to the victim, the
19board may grant an emergency award to the injured person to cover
20immediate needs upon agreement by the injured person to repay
21in the event of a final determination denying the claim.
22(3) If the claim is denied in whole or part, the victim may apply
23within 60 days of denial for a hearing. The hearing shall be held
24within 60 days of the request for a hearing unless the injured person
25requests a later hearing.
26(f) At the hearing, the injured person may be
represented by
27counsel and may present relevant evidence as defined in
28subdivision (c) of Section 11513 of the Government Code. The
29begin delete boardend deletebegin insert
Department of General Servicesend insert may consider additional
30evidence presented by its staff. If the injured person declines to
31appear at the hearing, thebegin delete boardend deletebegin insert Department of General Servicesend insert
32 may act solely upon the application, the staff report, and other
33evidence that appears on the record.
34(g) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert
may delegate
35the hearing of applications to hearing examiners.
36(h) The decision of thebegin delete boardend deletebegin insert Department of General Servicesend insert
37 shall be in writing and shall be delivered or mailed to the injured
38person within 30 days of the hearing. Upon the request by the
39applicant within 30 days of delivery or mailing, thebegin delete boardend delete
40begin insert Department of General Servicesend insert
may reconsider its decision.
P153 1(i) Judicial review of a decision shall be under Section 1094.5
2of the Code of Civil Procedure, and the court shall exercise its
3independent judgment. A petition for review shall be filed as
4follows:
5(1) If no request for reconsideration is made, within 30 days of
6personal delivery or mailing of thebegin delete board’send deletebegin insert Department of General
7Services’end insert decision on the application.
8(2) If a timely request for reconsideration is filed and rejected
9by thebegin delete board,end deletebegin insert
Department of General Services,end insert within 30 days of
10personal delivery or mailing of the notice of rejection.
11(3) If a timely request for reconsideration is filed and granted
12by thebegin delete board,end deletebegin insert Department of General Services,end insert or reconsideration
13is ordered by thebegin delete board,end deletebegin insert Department of General Services,end insert within
1430 days of personal delivery or mailing of the final decision on
15the reconsidered application.
16(j) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert shall adopt
17regulations to implement this section, including those governing
18discovery.
19(k) The fund is subrogated to any right or claim that any injured
20person may have who receives compensation pursuant to this
21section, or any right or claim that the person’s personal
22representative, legal guardian, estate, or survivor may have, against
23any third party who is liable for the personal injuries caused by
24the AIDS vaccine, and the fund shall be entitled to indemnity from
25that third party. The fund shall also be entitled to a lien on the
26judgment, award, or settlement in the amount of any payments
27made to the injured person.
28(l) In the event that the injured person, or his or her guardian,
29personal representative, estate, or survivors, or any of them, bring
30an action for damages against the person or
persons liable for the
31injury or death giving rise to an award by thebegin delete boardend deletebegin insert
Department
32of General Servicesend insert under this section, notice of institution of legal
33proceedings and notice of any settlement shall be given to the
34begin delete boardend deletebegin insert Department of General Servicesend insert in Sacramento except in
35cases where thebegin delete boardend deletebegin insert
Department of General Servicesend insert specifies
36that notice shall be given to the Attorney General. All notices shall
37be given by the attorney employed to bring the action for damages
38or by the injured person, or his or her guardian, personal
39representative, estate, or survivors, if no attorney is employed.
P154 1(m) This section is not intended to affect the right of any
2individual to pursue claims against the fund and lawsuits against
3manufacturers concurrently, except that the fund shall be entitled
4to a lien on the judgment, award, or settlement in the amount of
5any payments made to the injured party by the fund.
6(n) There is hereby created the AIDS Vaccine Injury
7Compensation Policy Review Task Force consisting of 14
8members. The task force shall be composed of 10 members
9appointed by the Governor, of which two shall be from a list
10provided by
the California Trial Lawyers Association, one from
11the department, the Director of Finance, one unspecified member,
12and one attorney with experience and expertise in products liability
13and negligence defense work, two representing recognized groups
14that represent victims of vaccine induced injuries or AIDS victims,
15or both, and two representing manufacturers actively engaged in
16developing an AIDS vaccine. In addition four Members of the
17Legislature or their designees shall be appointed to the task force,
18two of which shall be appointed by the Speaker of the Assembly
19and two of which shall be appointed by the Senate Committee on
20Rules. The chairperson of the task force shall be appointed by the
21Governor from the membership of the task force. The task force
22shall study and make recommendations on the legislative
23implementation of the fund created by subdivision (a). These
24recommendations shall at least address the following issues:
25(1) The
process by which victims are to be compensated through
26the fund.
27(2) The procedures by which the fund will operate and the
28governance of the fund.
29(3) The method by which manufacturers are to pay into the fund
30and the amount of that payment.
31(4) The procedural relationship between a potential victim’s
32claim through the fund and a court claim made against the
33manufacturer.
34(5) Other issues deemed appropriate by the task force.
35The task force shall make its recommendations to the Legislature
36on or before June 30, 1987.
37(o) The fund shall be funded wholly by a surcharge on the sale
38of an AIDS vaccine, that has been approved by the FDA, or by
39the
department pursuant to Part 5 (commencing with Section
40109875) of Division 104, in California in an amount to be
P155 1determined by the department. The surcharge shall be levied on
2the sale of each unit of the vaccine sold or delivered, administered,
3or dispensed in California. The appropriate amount of the surcharge
4shall be studied by the AIDS Vaccine Injury Compensation Policy
5Review Task Force, which shall recommend the appropriate
6amount as part of its report, with the amount of the surcharge not
7to exceed ten dollars ($10) per unit of vaccine. Expenditures of
8the task force shall be made at the discretion of the Director of
9Finance or the director’s designee.
10(p) For purposes of this section, claims against the fund are
11contingent upon the existing resources of the fund as provided in
12subdivision (o), and in no case shall the state be liable for any
13claims in excess of the resources in the fund.
begin insertSection 11580.1 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
15to read:end insert
(a) No policy of automobile liability insurance
17described in Section 16054 of the Vehicle Code covering liability
18arising out of the ownership, maintenance, or use of any motor
19vehicle shall be issued or delivered in this state on or after the
20effective date of this section unless it contains the provisions set
21forth in subdivision (b). However, none of the requirements of
22subdivision (b) shall apply to the insurance afforded under the
23policy (1) to the extent that the insurance exceeds the limits
24specified in subdivision (a) of Section 16056 of the Vehicle Code,
25or (2) if the policy contains an underlying insurance requirement,
26or provides for a retained limit of self-insurance, equal to or greater
27than the limits specified in subdivision (a) of Section 16056 of the
28Vehicle
Code.
29(b) Every policy of automobile liability insurance to which
30subdivision (a) applies shall contain all of the following provisions:
31(1) Coverage limits not less than the limits specified in
32subdivision (a) of Section 16056 of the Vehicle Code.
33(2) Designation by explicit description of, or appropriate
34reference to, the motor vehicles or class of motor vehicles to which
35coverage is specifically granted.
36(3) Designation by explicit description of the purposes for which
37coverage for those motor vehicles is specifically excluded.
38(4) Provision affording insurance to the named insured with
39respect to any owned or leased motor vehicle covered by the policy,
40and to the same extent that
insurance is afforded to the named
P156 1insured, to any other person using the motor vehicle, provided the
2use is by the named insured or with his or her permission, express
3or implied, and within the scope of that permission, except that:
4(A) with regard to insurance afforded for the loading or unloading
5of the motor vehicle, the insurance may be limited to apply only
6to the named insured, a relative of the named insured who is a
7resident of the named insured’s household, a lessee or bailee of
8the motor vehicle, or an employee of any of those persons; and
9(B) the insurance afforded to any person other than the named
10insured need not apply to: (i) any employee with respect to bodily
11injury sustained by a fellow employee injured in the scope and
12course of his or her employment, or (ii) any person, or to any agent
13or employee thereof, employed or otherwise engaged in the
14business of selling, repairing, servicing, delivering, testing,
15road-testing, parking, or storing automobiles with respect to any
16accident arising
out of the maintenance or use of a motor vehicle
17in connection therewith. As used in this chapter, “owned motor
18vehicle” includes all motor vehicles described and rated in the
19policy.
20(c) In addition to any exclusion provided in paragraph (3) of
21subdivision (b), the insurance afforded by any policy of automobile
22liability insurance to which subdivision (a) applies, including the
23insurer’s obligation to defend, may, by appropriate policy
24provision, be made inapplicable to any or all of the following:
25(1) Liability assumed by the insured under contract.
26(2) Liability for bodily injury or property damage caused
27intentionally by or at the direction of the insured.
28(3) Liability imposed upon or assumed by the insured under
29any workers’ compensation law.
30(4) Liability for bodily injury to any employee of the insured
31arising out of and in the course of his or her employment.
32(5) Liability for bodily injury to an insured or liability for bodily
33injury to an insured whenever the ultimate benefits of that
34indemnification accrue directly or indirectly to an insured.
35(6) Liability for damage to property owned, rented to,
36transported by, or in the charge of, an insured. A motor vehicle
37operated by an insured shall be considered to be property in the
38charge of an insured.
P157 1(7) Liability for any bodily injury or property damage with
2respect to which insurance is or can be afforded under a nuclear
3energy liability policy.
4(8) Any motor vehicle or class
of motor vehicles, as described
5or designated in the policy, with respect to which coverage is
6explicitly excluded, in whole or in part.
7“The insured” as used in paragraphs (1), (2), (3), and (4) shall
8mean only that insured under the policy against whom the particular
9claim is made or suit brought. “An insured” as used in paragraphs
10(5) and (6) shall mean any insured under the policy including those
11persons who would have otherwise been included within the
12policy’s definition of an insured but, by agreement, are subject to
13the limitations of paragraph (1) of subdivision (d).
14(d) Notwithstanding paragraph (4) of subdivision (b), or Article
152 (commencing with Section 16450) of Chapter 3 of Division 7
16of, or Article 2 (commencing with Section 17150) of Chapter 1 of
17Division 9 of, the Vehicle Code, the insurer and any named insured
18may, by the terms of any policy of automobile liability insurance
19to which
subdivision (a) applies, or by a separate writing relating
20thereto, agree as to either or both of the following limitations, the
21agreement to be binding upon every insured to whom the policy
22applies and upon every third-party claimant:
23(1) That coverage and the insurer’s obligation to defend under
24the policy shall not apply nor accrue to the benefit of any insured
25or any third-party claimant while any motor vehicle is being used
26or operated by a natural person or persons designated by name.
27These limitations shall apply to any use or operation of a motor
28vehicle, including the negligent or alleged negligent entrustment
29of a motor vehicle to that designated person or persons. This
30agreement applies to all coverage provided by that policy and is
31sufficient to comply with the requirements of paragraph (2) of
32subdivision (a) of Section 11580.2 to delete coverage when a motor
33vehicle is operated by a natural person or persons designated by
34name. The
insurer shall have an obligation to defend the named
35insured when all of the following apply to that designated natural
36person:
37(A) He or she is a resident of the same household as the named
38insured.
39(B) As a result of operating the insured motor vehicle of the
40named insured, he or she is jointly sued with the named insured.
P158 1(C) He or she is an insured under a separate automobile liability
2insurance policy issued to him or her as a named insured, which
3policy does not provide a defense to the named insured.
4An agreement made by the insurer and any named insured more
5than 60 days following the inception of the policy excluding a
6designated person by name shall be effective from the date of the
7agreement and shall, with the signature of a named insured, be
8conclusive evidence
of the validity of the agreement.
9That agreement shall remain in force as long as the policy
10remains in force, and shall apply to any continuation, renewal, or
11replacement of the policy by the named insured, or reinstatement
12of the policy within 30 days of any lapse thereof.
13(2) That with regard to a policy issued to a named insured
14engaged in the business of leasing vehicles for those vehicles that
15are leased for a term in excess of six months, or selling, repairing,
16servicing, delivering, testing, road-testing, parking, or storing
17automobiles, coverage shall not apply to any person other than the
18named insured or his or her agent or employee, except to the extent
19that the limits of liability of any other valid and collectible
20insurance available to that person are not equal to the limits of
21liability specified in subdivision (a) of Section 16056 of the Vehicle
22Code. If the policy is issued to a named
insured engaged in the
23business of leasing vehicles, which business includes the lease of
24vehicles for a term in excess of six months, and the lessor includes
25in the lease automobile liability insurance, the terms and limits of
26which are not otherwise specified in the lease, the named insured
27shall incorporate a provision in each vehicle lease contract advising
28the lessee of the provisions of this subdivision and the fact that
29this limitation is applicable except as otherwise provided for by
30statute or federal law.
31(e) Nothing in this section or in Section 16054 or 16450 of the
32Vehicle Code shall be construed to constitute a homeowner’s
33policy, personal and residence liability policy, personal and farm
34liability policy, general liability policy, comprehensive personal
35liability policy, manufacturers’ and contractors’ policy, premises
36liability policy, special multiperil policy, or any policy or
37endorsement where automobile liability coverage is
offered as
38incidental to some other basic coverage as an “automobile liability
39policy” within the meaning of Section 16054 of the Vehicle Code,
40or as a “motor vehicle liability policy” within the meaning of
P159 1Section 16450 of the Vehicle Code, nor shall this section apply to
2a policy that provides insurance covering liability arising out of
3the ownership, maintenance, or use of any motor vehicle in the
4Republic of Mexico issued or delivered in this state by a
5nonadmitted Mexican insurer, notwithstanding that the policy may
6provide automobile or motor vehicle liability coverage on insured
7premises or the ways immediately adjoining.
8(f) (1) On and after January 1, 1976, no policy of automobile
9liability insurance described in subdivision (a) shall be issued,
10amended, or renewed in this state if it contains any provision that
11expressly or impliedly excludes from coverage under the policy
12the operation or use of an insured motor
vehicle by the named
13insured in the performance of volunteer services for a nonprofit
14charitable organization or governmental agency by providing social
15service transportation. This subdivision shall not apply in any case
16in which the named insured receives any remuneration of any kind
17other than reimbursement for actual mileage driven in the
18performance of those services at a rate not to exceed the following:
19(A) For the 1980-81 fiscal year, the maximum rate authorized
20by the California Victim Compensation and Government Claims
21begin delete Board, whichend deletebegin insert Boardend insert shall also be known as the “base rate.”
22(B) For each fiscal year thereafter, the greater of either (A) the
23maximum rate authorized by thebegin delete California Victim Compensation begin insert
Department of General Servicesend insert
24and Government Claims Boardend delete
25 or (B) the base rate as adjusted by the California Consumer Price
26Index.
27(2) No policy of insurance issued under this section may be
28canceled by an insurer solely for the reason that the named insured
29is performing volunteer services for a nonprofit charitable
30organization or governmental agency consisting of providing social
31service transportation.
32(3) For the purposes of this section, “social service
33transportation” means transportation services provided by private
34nonprofit organizations or individuals to either individuals who
35are senior citizens or individuals or groups of individuals who have
36special transportation needs because of physical or mental
37conditions and supported in whole or in part by funding from
38private or public agencies.
39(g) Notwithstanding paragraph (4) of subdivision (b), or Article
402 (commencing with Section 16450) of Chapter 3 of Division 7
P160 1of, or Article 2 (commencing with Section 17150) of Chapter 1 of
2Division 9 of, the Vehicle Code, a Mexican nonadmitted insurer
3and any named insured may, by the terms of any policy of
4automobile insurance for use solely in the Republic of Mexico to
5which subdivision (a) applies, or by a separate writing relating
6thereto, agree to the limitation that coverage under that policy shall
7not apply to any person riding in or occupying a vehicle owned
8by the insured or driven by another person with the permission of
9the insured. The agreement shall be binding upon every insured
10to whom the policy applies and upon any third-party claimant.
11(h) No policy of automobile insurance that provides insurance
12covering liability arising out of the ownership, maintenance, or
13use of any motor vehicle solely in the Republic of
Mexico issued
14by a nonadmitted Mexican insurance company, shall be subject
15to, or provide coverage for, those coverages provided in Section
1611580.2.
begin insertSection 11872 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
18read:end insert
The fund may annually enter into agreements with state
20agencies for service to be rendered to the fund. These state agencies
21include, but shall not be limited to: the Department of Finance,
22Department of General Services, State Personnel Board, and the
23Public Employees’ Retirement System. If these agencies and the
24fund cannot agree upon the cost of services provided by the
25agreements, thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert shall be requested
26Claims Boardend delete
27to arrive at an equitable settlement.
begin insertSection 1308.10 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
29read:end insert
(a) Prior to the employment of a minor under the age
31of 16 years in any of the circumstances listed in subdivision (a) of
32Section 1308.5, the Labor Commissioner may issue a temporary
33permit authorizing employment of the minor to enable a parent or
34guardian of the minor to meet the requirement for a permit under
35subdivision (a) of Section 1308.5 and to establish a trust account
36for the minor or to produce the documentation required by the
37Labor Commissioner for the issuance of a permit under Section
381308.5, subject to all of the following conditions:
39(1) A temporary permit shall be valid for a period not to exceed
4010 days from the date of issuance.
P161 1(2) A temporary permit shall not be issued for
the employment
2of a minor if the minor’s parent or guardian has previously applied
3for or been issued a permit by the Labor Commissioner pursuant
4to Section 1308.5 or a temporary permit pursuant to this section
5for employment of the minor.
6(3) For infants who are subject to the requirements of Section
71308.8, a temporary permit shall not be issued before the
8requirements of that section are met.
9(4) The Division of Labor Standards Enforcement shall prepare
10and make available on its Internet Web site the application form
11for a temporary permit. An applicant for a temporary permit shall
12submit a completed application and application fee online to the
13division. Upon receipt of the completed application and fee, the
14division shall immediately issue a temporary permit.
15(b) The Labor Commissioner shall deposit all fees for
temporary
16permits received into the Entertainment Work Permit Fund, which
17is hereby created in the State Treasury. The funds deposited in the
18Entertainment Work Permit Fund shall be available to the Labor
19Commissioner, upon appropriation by the Legislature, to pay for
20the costs of administration of the online temporary minor’s
21entertainment work permit program and to repay any loan from
22the Labor Enforcement and Compliance Fund made pursuant to
23subdivision (c).
24(c) The Labor Commissioner may on a one-time basis borrow
25up to two hundred fifty thousand dollars ($250,000) from the Labor
26Enforcement and Compliance Fund, as established by subdivision
27(e) of Section 62.5, for deposit in the Entertainment Work Permit
28Fund to cover the one-time startup costs related to the temporary
29permit program. The loan shall be repaid to the Labor Enforcement
30and Compliance Fund as soon as sufficient funds exist in the
31Entertainment Work Permit Fund to repay the loan without
32compromising the operations
of the temporary work permit
33program.
34(d)
end delete
35begin insert(b)end insert The Labor Commissioner shall set forth the fee in an amount
36sufficient to pay forbegin delete these costs,end deletebegin insert the costs of administering the
37online temporary minor’s entertainment work permit program,end insert
38 but not to exceed fifty dollars ($50).
begin insertSection 1308.11 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) All registrations, fees, and permit fees collected
2under this article shall be deposited in the Labor Enforcement and
3Compliance Fund.
4
(b) On the effective date of this section, any moneys in the
5Entertainment Work Permit Fund and any assets, liabilities,
6revenues, expenditures, and encumbrances of that fund shall be
7transferred to the Labor Enforcement and Compliance Fund.
begin insertSection 1684 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The Labor Commissioner shall not issue to any
10person a license to act as a farm labor contractor, nor shall the
11Labor Commissioner renew that license, until all of the following
12conditions are satisfied:
13(1) The person has executed a written application in a form
14prescribed by the Labor Commissioner, subscribed and sworn to
15by the person, and containing all of the following:
16(A) A statement by the person of all facts required by the Labor
17Commissioner concerning the applicant’s character, competency,
18responsibility, and the manner and method by which the person
19proposes to conduct operations as a farm labor contractor if the
20license is issued.
21(B) The names and addresses of all persons, except bona fide
22employees on stated salaries, financially interested, either as
23partners, associates, or profit sharers, in the proposed operation as
24a farm labor contractor, together with the amount of their respective
25interests.
26(C) A declaration consenting to the designation by a court of
27the Labor Commissioner as an agent available to accept service
28of summons in any action against the licensee if the licensee has
29left the jurisdiction in which the action is commenced or otherwise
30has become unavailable to accept service.
31(D) The names and addresses of all persons who in the previous
32calendar year performed any services described in subdivision (b)
33of Section 1682 within the scope of his or her employment by the
34licensee on whose behalf he or she was acting, unless the person
35was employed as an independent
contractor.
36(2) The Labor Commissioner, after investigation, is satisfied as
37to the character, competency, and responsibility of the person.
38(3) (A) The person has deposited with the Labor Commissioner
39a surety bond in an amount based on the size of the person’s annual
40payroll for all employees, as follows:
P163 1(i) For payrolls up to five hundred thousand dollars ($500,000),
2a twenty-five-thousand-dollar ($25,000) bond.
3(ii) For payrolls of five hundred thousand dollars ($500,000) to
4two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
5bond.
6(iii) For payrolls greater than two million dollars ($2,000,000),
7a seventy-five-thousand-dollar ($75,000) bond.
8(B) For purposes of this paragraph, the Labor Commissioner
9shall require documentation of the size of the person’s annual
10begin delete payrollend deletebegin insert payroll,end insert which may include, but is not limited to,
11information provided by the person to the Employment
12Development Department, the Franchise Tax Board, the Division
13of Workers’ Compensation, the insurer providing the licensee’s
14workers’ compensation insurance, or the Internal Revenue Service.
15(C) If the contractor has been the subject of a final judgment in
16a year in an amount equal to or greater than the amount of the bond
17required, he or she shall be required to deposit an additional bond
18within 60 days.
19(D) All bonds required under this chapter shall be payable to
20the people of the State of California and shall be conditioned upon
21the farm labor contractor’s compliance with all the terms and
22provisions of this chapter and subdivisions (j) and (k) of Section
2312940 of, and Sections 12950 and 12950.1 of, the Government
24Code, and payment of all damages occasioned to any person by
25failure to do so, or by any violation of this chapter or of subdivision
26(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
27the Government Code, or any violation of Title VII of the Civil
28Rights Act of 1964 (Public Law 88-352), or false statements or
29misrepresentations made in the procurement of the license. The
30bond shall also be payable for interest on wages and for any
31damages arising from violation of orders of the Industrial Welfare
32Commission, and for any other monetary relief awarded to an
33agricultural worker as a result of a violation of this code or of
34subdivision (j) or (k) of Section 12940 of, or
Section 12950 or
3512950.1 of, the Government Code, or any violation of Title VII
36of the Civil Rights Act of 1964 (Public Law 88-352).
37(4) The person has paid to the Labor Commissioner a license
38fee of five hundred dollars ($500) plus a filing fee of ten dollars
39($10). However, when a timely application for renewal is filed,
40the ten-dollar ($10) filing fee is not required. The license fee shall
P164 1increase by one hundred dollars ($100), to six hundred dollars
2($600), on January 1, 2015. The amount attributable to this increase
3shall be expended by the Labor Commissioner to fund the Farm
4Labor Contractor Enforcement Unit and the Farm Labor Contractor
5License Verification Unit.begin delete Notwithstanding Section 1698, no The
6portion of that increase shall be credited to the General Fund.end delete
7Labor Commissioner shall deposit one hundred fifty dollars ($150)
8of each licensee’s annual
license fee into the Farmworker Remedial
9Account. Funds from this account shall be disbursed by the Labor
10Commissioner only to persons determined by the Labor
11Commissioner to have been damaged by any licensee if the damage
12exceeds the amount of the licensee’s bond or the surety fails to
13pay the full amount of the licensee’s bond, or to persons determined
14by the Labor Commissioner to have been damaged by an
15unlicensed farm labor contractor. In making these determinations,
16the Labor Commissioner shall disburse funds from the Farmworker
17Remedial Account to satisfy claims against farm labor contractors
18or unlicensed farm labor contractors, which shall also include
19interest on wages and any damages arising from the violation of
20orders of the Industrial Welfare Commission, for any other
21monetary relief awarded to an agricultural worker as a result of a
22violation of this code, and for all damages arising from any
23violation of subdivision (j) or (k) of Section 12940 of, or of Section
2412950 or 12950.1 of, the
Government Code, or any violation of
25Title VII of the Civil Rights Act of 1964 (Public Law 88-352).
26The Labor Commissioner may disburse funds from the Farmworker
27Remedial Account to farm labor contractors, for payment of
28farmworkers, when a contractor is unable to pay farmworkers due
29to the failure of a grower or packer to pay the contractor. Any
30disbursed funds subsequently recovered by the Labor
31Commissioner pursuant to Section 1693, or otherwise, shall be
32returned to the Farmworker Remedial Account.
33(5) The person has taken a written examination that demonstrates
34an essential degree of knowledge of the current laws and
35administrative regulations concerning farm labor contractors as
36the Labor Commissioner deems necessary for the safety and
37protection of farmers, farmworkers, and the public, including the
38identification and prevention of sexual harassment in the
39workplace. To successfully complete the examinations, the person
40must correctly
answer at least 85 percent of the questions posed.
P165 1The examination period shall not exceed four hours. The
2examination may only be taken a maximum of three times in a
3calendar year. The examinations shall include a demonstration of
4knowledge of the current laws and regulations regarding wages,
5hours, and working conditions, penalties, employee housing and
6transportation, collective bargaining, field sanitation, and safe
7work practices related to pesticide use, including all of the
8following subjects:
9(A) Field reentry regulations.
10(B) Worker pesticide safety training.
11(C) Employer responsibility for safe working conditions.
12(D) Symptoms and appropriate treatment of pesticide poisoning.
13(6) The person has registered as a farm labor contractor pursuant
14to the federal Migrant and Seasonal Agricultural Worker Protection
15Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
16pursuant to federal law, and that information is provided by the
17person to the Labor Commissioner.
18(7) Each of the person’s employees has registered as a farm
19labor contractor employee pursuant to the federal Migrant and
20Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
21et seq.) if that registration is required pursuant to federal law, and
22that information is provided by the person to the Labor
23Commissioner.
24(8) (A) The person has executed a written statement, that has
25been provided to the Labor Commissioner, attesting that the
26person’s supervisorial employees, including any supervisor,
27crewleader, mayordomo, foreperson, or other
employee whose
28duties include the supervision, direction, or control of agricultural
29employees, have been trained at least once for at least two hours
30each calendar year in the prevention of sexual harassment in the
31workplace, and that all new nonsupervisorial employees, including
32agricultural employees, have been trained at the time of hire, and
33that all nonsupervisorial employees, including agricultural
34employees, have been trained at least once every two years in
35identifying, preventing, and reporting sexual harassment in the
36workplace.
37(B) Sexual harassment prevention training shall consist of
38training administered by a licensee or appropriate designee of the
39licensee.
P166 1(C) Sexual harassment prevention training shall include, at a
2minimum, components of the following as consistent with Section
312950 of the Government Code:
4(i) The illegality of sexual harassment.
5(ii) The definition of sexual harassment under applicable state
6and federal law.
7(iii) A description of sexual harassment, utilizing examples.
8(iv) The internal complaint process of the employer available
9to the employee.
10(v) The legal remedies and complaint process available through
11the Department of Fair Employment and Housing.
12(vi) Directions for how to contact the Department of Fair
13Employment and Housing.
14(vii) The protection against retaliation provided under current
15law.
16(D) The trainer may use the
text of the Department of Fair
17Employment and Housing’s pamphlet DFEH-185, “Sexual
18Harassment” as a guide to training, or may use other written
19material or other training resources covering the information
20required in subparagraph (C).
21(E) At the conclusion of the training, the trainer shall provide
22the employee with a copy of the Department of Fair Employment
23and Housing’s pamphlet DFEH-185, and a record of the training
24on a form provided by the Labor Commissioner that includes the
25name of the trainer and the date of the training.
26(F) The licensee shall keep a record with the names of all
27employees who have received sexual harassment training for a
28period of three years.
29(b) The Labor Commissioner shall consult with the Director of
30Pesticide Regulation, the Department of the California Highway
31Patrol, the Department
of Housing and Community Development,
32the Employment Development Department, the Department of
33Fair Employment and Housing, the Department of Food and
34Agriculture, the Department of Motor Vehicles, and the Division
35of Occupational Safety and Health in preparing the examination
36required by paragraph (5) of subdivision (a) and the appropriate
37educational materials pertaining to the matters included in the
38examination, and may charge a fee of not more than two hundred
39dollars ($200) to cover the cost of administration of the
40examination.
P167 1(c) The person shall also enroll and participate in at least nine
2hours of relevant educational classes each year. The classes shall
3include at least one hour of sexual harassment prevention training.
4The classes shall be chosen from a list of approved classes prepared
5by the Labor Commissioner, in consultation with the persons and
6entities listed in subdivision (b) and county agricultural
7commissioners.
8(d) The Labor Commissioner may renew a license without
9requiring the applicant for renewal to take the examination
10specified in paragraph (5) of subdivision (a) if the Labor
11Commissioner finds that the applicant meets all of the following
12criteria:
13(1) Has satisfactorily completed the examination during the
14immediately preceding two years.
15(2) Has not during the preceding year been found to be in
16violation of any applicable laws or regulations including, but not
17limited to, Division 7 (commencing with Section 12501) of the
18Food and Agricultural Code, subdivisions (j) and (k) of Section
1912940 of, and Section 12950 or 12950.1 of, the Government Code,
20Part 1 (commencing with Section 17000) of Division 13 of the
21Health and Safety Code, Division 2 (commencing with Section
22200), Division 4 (commencing with Section 3200), and
Division
235 (commencing with Section 6300) of this code, and Chapter 1
24(commencing with Section 12500) of Division 6 of the Vehicle
25Code.
26(3) Has, for each year since the license was obtained, enrolled
27and participated in at least eight hours of relevant, educational
28classes, chosen from a list of approved classes prepared by the
29Labor Commissioner.
30(4) Has complied with all other requirements of this section.
begin insertSection 1698 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
All fines collected for violations of this chapter shall be
33paid into the Farmworker Remedial Account and shall be available,
34upon appropriation, for purposes of this chapter. Of the moneys
35collected for licenses issued pursuant to this chapter, one hundred
36fifty dollars ($150) of each annual license fee shall be deposited
37in the Farmworker Remedial Account pursuant to paragraph (4)
38of subdivision (a) of Section 1684, three hundred fifty dollars
39($350) of each annual license fee shall be expended by the Labor
40Commissioner to fund the Farm Labor Contractor Enforcement
P168 1Unit and the Farm Labor Contractor License Verification Unit,
2both within the department, and the remaining money shall be paid
3into thebegin delete State Treasury and credited to the Generalend deletebegin insert
Labor
4Enforcement and Complianceend insert Fund.
begin insertSection 1700.18 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
6read:end insert
begin insert(a)end insertbegin insert end insertAll moneys collected forbegin insert filing fees andend insert licenses
8begin delete and all fines collected for violations of the provisions ofend deletebegin insert underend insert this
9chapter shall be paid into the State Treasury and credited to the
10begin delete Generalend deletebegin insert
Labor Enforcement and Complianceend insert Fund.
11
(b) All fines collected for violations of this chapter shall be paid
12into the State Treasury and credited to the General Fund.
begin insertSection 1706 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) (1) No person shall represent or provide specified
15services to any artist who is a minor, under 18 years of age, without
16first submitting an application to the Labor Commissioner for a
17Child Performer Services Permit and receiving that permit.
18(2) The Labor Commissioner shall set forth a filing fee, to be
19paid by the applicant to the commissioner at the time the
20application is filed, in an amount sufficient to reimburse the Labor
21Commissioner for the costs of the permit program. This amount
22shall be in addition to any charge imposed by the Labor
23Commissioner pursuant to paragraph (3) of subdivision (c).
24(3) (A) The Labor Commissioner shall issue a
Child Performer
25Services Permit to the applicant after he or she has received the
26application and filing fee and determined from information
27provided by the Department of Justice that the person is not
28required to register pursuant to Sections 290 to 290.006, inclusive,
29of the Penal Code.
30(B) After receiving his or her first Child Performer Services
31Permit, a person shall on a biennial basis renew his or her
32application by resubmitting his or her name and a new filing fee
33to the Labor Commissioner in the amount set forth by the Labor
34Commissioner pursuant to paragraph (2). The Labor Commissioner
35shall issue a renewed permit to the person after receiving his or
36her application and filing fee and determining from the subsequent
37arrest notification provided by the Department of Justice pursuant
38to subparagraph (D) of paragraph (2) of subdivision (c) that the
39person is not required to register pursuant to Sections 290 to
40290.006, inclusive, of the
Penal Code. A person shall not be
P169 1required to resubmit his or her fingerprints in order to renew his
2or her permit.
3(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
4inclusive, when applied to a violation of subdivision (f), this
5chapter does not apply to the following:
6(1) A person licensed as a talent agent as specified in Chapter
74 (commencing with Section 1700), or operating under the license
8of a talent agent.
9(2) A studio teacher certified by the Labor Commissioner as
10defined in Section 11755 of Title 8 of the California Code of
11Regulations.
12(3) A person whose contact with minor children is restricted to
13locations where, either by law or regulation, the minor must be
14accompanied at all times by a parent or guardian, and the parent
15or
guardian must be within sight or sound of the minor.
16(4) A person who has only incidental and occasional contact
17with minor children, unless the person works directly with minor
18children, has supervision or disciplinary power over minor children,
19or receives a fee.
20(c) (1) Each person required to submit an application to the
21Labor Commissioner pursuant to paragraph (1) of subdivision (a)
22shall provide to the Department of Justice electronic fingerprint
23images and related information required by the department of all
24permit applicants, for the purposes of obtaining information as to
25the existence and content of a record of state or federal arrests and
26convictions, including arrests for which the Department of Justice
27establishes that the person is free on bail or on his or her
28recognizance pending trial or appeal.
29(2) (A) When received, the Department of Justice shall forward
30the fingerprint images and related information described in
31paragraph (1) to the Federal Bureau of Investigation and request
32a federal summary for criminal history information.
33(B) (i) The Department of Justice shall review the information
34returned from the Federal Bureau of Investigation and compile
35and disseminate a response to the Labor Commissioner.
36(ii) The Department of Justice’s response shall provide both
37state and federal criminal history information pursuant to paragraph
38(1) of subdivision (p) of Section 11105 of the Penal Code.
39(C) The Labor Commissioner shall request from the Department
40of Justice subsequent arrest notification service, as
provided
P170 1pursuant to Section 11105.2 of the Penal Code, for each person
2who submitted fingerprint images and the related information
3pursuant to paragraph (1).
4(3) (A) The Department of Justice shall charge the Labor
5Commissioner a fee sufficient to cover the cost of processing the
6request described in paragraph (2).
7(B) In addition to the filing fee paid by the applicant pursuant
8to subdivision (a) to reimburse the Labor Commissioner for the
9costs of the permit program, the Labor Commissioner may charge
10the applicant a fee sufficient to cover the costs of the fee imposed
11by the Department of Justice pursuant to subparagraph (A). The
12amount of the fee imposed pursuant to this subparagraph shall be
13forwarded by the Labor Commissioner to the Department of Justice
14with the applicant’s name, fingerprints, and other information
15described in paragraph (1). This fee
shall be available to the
16Department of Justice for the purposes described in subparagraph
17(A), upon appropriation by the Legislature.
18(4) Upon receipt of information from the Department of Justice
19provided pursuant to subparagraphs (C) and (D) of paragraph (2),
20the commissioner shall timely cause a copy of the information to
21be sent to the person who has submitted the application, and shall
22keep a copy of the information and application on file.
23(d) The Labor Commissioner shall maintain a list of all persons
24holding a valid Child Performer Services Permit issued under this
25chapter and make this list publicly available on its Internet Web
26site.
27(e) (1) Upon receipt of a valid Child Performer Services Permit,
28the recipient shall post the permit in a conspicuous place in his or
29her place of
business.
30(2) Any person who is a recipient of a valid Child Performer
31Services Permit shall include the permit number on advertising in
32print or electronic media, including, but not limited to, Internet
33Web sites, or in any other medium of advertising.
34(f) No person, including a person described in subdivision (b),
35who is required to register pursuant to Sections 290 to 290.006,
36inclusive, of the Penal Code may represent or provide specified
37services to any artist who is a minor.
38(g) For purposes of this section, the following terms have the
39following meanings:
P171 1(1) “Artist” means a person who is or seeks to become an actor,
2actress, model, extra, radio artist, musical artist, musical
3organization, director, musical director, writer, cinematographer,
4
composer, lyricist, arranger, or other person rendering professional
5services in motion picture, theatrical, radio, television, Internet,
6print media, or other entertainment enterprises or technologies.
7(2) Except as used in the context of a fee an applicant is required
8to pay with his or her application, “fee” means any money or other
9valuable consideration paid or promised to be paid by an artist, by
10an individual on behalf of an artist, or by a corporation formed on
11behalf of an artist for services rendered or to be rendered by any
12person conducting the business of representing artists.
13(3) “Person” means any individual, company, society, firm,
14partnership, association, corporation, limited liability company,
15trust, or other organization.
16(4) To “represent or provide specified services to” means to
17provide, offer
to provide, or advertise or represent as providing,
18for a fee one or more of the following services:
19(A) Photography for use as an artist, including, but not limited
20to, still photography, digital photography, and video and film
21services.
22(B) Managing or directing the development or advancement of
23the artist’s career as an artist.
24(C) Career counseling, career consulting, vocational guidance,
25aptitude testing, evaluation, or planning, in each case relating to
26the preparation of the artist for employment as an artist.
27(D) Public relations services or publicity, or both, including
28arranging personal appearances, developing and distributing press
29packets, managing fan mail, designing and maintaining Internet
30Web sites, and consulting on media
relations.
31(E) Instruction, evaluation, lessons, coaching, seminars,
32workshops, or similar training as an artist, including, but not limited
33to, acting, singing, dance, voice, or similar instruction services.
34(F) A camp for artists, which includes, but is not limited to, a
35day camp or overnight camp in which any portion of the camp
36includes any services described in subparagraphs (A) to (E),
37inclusive.
38(h) (1) The Labor Commissioner shall deposit all filing fees
39described in subdivision (a) into the Child Performer Services
40Permit Fund, which is hereby created in the State Treasury. The
P172 1funds deposited in the Child Performer Services Permit Fund shall
2be available to the Labor Commissioner, upon appropriation by
3the Legislature, to pay for the costs of administration of the Child
4Performer
Services Permit program and to repay any loan from
5the Labor Enforcement and Compliance Fund made pursuant to
6paragraph (2).
7(2) Until June 30, 2013, the Labor Commissioner may, on a
8one-time basis, borrow up to two hundred fifty thousand dollars
9($250,000) from the Labor Enforcement and Compliance Fund,
10as established by subdivision (e) of Section 62.5, for deposit in
11the Child Performer Services Permit Fund to cover the one-time
12startup costs related to the Child Performer Services Permit
13program. The loan shall be repaid to the Labor Enforcement and
14Compliance Fund, or any successor fund, as soon as sufficient
15funds exist in the Child Performer Services Permit Fund to repay
16the loan without compromising the operations of the permit
17program.
18
(h) (1) The Labor Commissioner shall deposit all filing fees
19described in subdivision (a) into the Labor Enforcement and
20Compliance Fund to pay for the costs of administering the Child
21Performer Services Permit program.
22
(2) On the effective date of the statute adding this subdivision,
23any moneys in the Child Performer Services Permit Fund and any
24assets, liabilities, revenues, expenditures, and encumbrances of
25that fund shall be transferred to the Labor Enforcement and
26Compliance Fund.
begin insertSection 1720.9 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
28read:end insert
(a) For the limited purposes of Article 2 (commencing
30with Section 1770), “public works” also means the hauling and
31delivery of ready-mixed concrete to carry out a public works
32contract, with respect to contracts involving any state agency,
33including the California State University and the University of
34California, or any political subdivision of the state.
35(b) For purposes of this section, “ready-mixed concrete” means
36concrete that is manufactured in a factory or a batching plant,
37according to a set recipe, and then delivered in a liquefied state by
38mixer truck for immediate incorporation into a project.
39(c) For purposes of this section, the “hauling and delivery of
40ready-mixed concrete to carry
out a public works contract” means
P173 1the job duties for a ready mixer driver that are used by the director
2in determining wage rates pursuant to Section 1773, and includes
3receiving the concrete at the factory or batching plant and the return
4trip to the factory or batching plant.
5(d) For purposes of this section, the applicable prevailing wage
6rate shall be the current prevailing wage, as determined by the
7director, for the geographic area in which the factory or batching
8plant is located.
9(e) The entity hauling or delivering ready-mixed concrete to
10carry out a public works contract shall enter into a written
11subcontract agreement with the party that engaged the entity to
12supply the ready-mixed concrete. The written agreement shall
13require compliance with the requirements of this chapter. The
14entity hauling or delivering ready-mixed concrete shall be
15considered a subcontractor
solely for the purposes of this chapter.
16
begin insert Nothing in this section shall cause any entity to be treated as a
17contractor or subcontractor for any purpose other than the
18application of this chapter.
end insert
19(f) The entity hauling or delivering ready-mixed concrete to
20carry out a public works contract shall submit a certified copy of
21the payroll records required by subdivision (a) of Section 1776 to
22the party that engaged the entity and to the general contractor
23withinbegin delete threeend deletebegin insert fiveend insert working days after the employee has been paid,
24accompanied by a written time record that shall be certified by
25each driver for the performance of job duties in subdivision (c).
26(g) This sectionbegin delete appliesend deletebegin insert
shall not applyend insert to public works contracts
27that arebegin delete awarded on or afterend deletebegin insert advertised for bid or awarded prior
28toend insert July 1, 2016.
begin insertSection 2059 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertThe commissioner shall collect from employers
31a registration feebegin delete of two hundred fifty dollars ($250)end delete for each
32branchbegin delete location. The commissionerend deletebegin insert location, and, except as
33provided in paragraph (2),end insert may periodically adjust the registration
34begin delete fee for inflation to ensure that the fee isend deletebegin insert
fee, in an amountend insert sufficient
35to fund allbegin insert
direct and indirectend insert costs to administer and enforcebegin delete the
this part.
36provisions ofend delete
37
(2) The fee established pursuant to paragraph (1) shall not be
38increased unless the published fund balance is projected to fall
39below 25 percent of annual expenditures.
P174 1(b) In addition to the feebegin delete specifiedend delete in subdivision (a), each
2employer shall be assessed an annual feebegin delete of fifty dollars ($50)end deletebegin insert in
3an amount equivalent to 20 percent of the registration fee collected
4pursuant to subdivision (a)end insert for each branch locationbegin delete whichend deletebegin insert
thatend insert
5 shall be deposited in the Car Wash Worker Restitution Fund.
begin insertSection 2065 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The Car Wash Worker Restitution Fund is established
8in the State Treasury.
9(1) The following moneys shall be deposited into this fund:
10(A) The annual fee required pursuant to subdivision (b) of
11Section 2059.
12(B) Fifty percent of the fines collected pursuant to Section 2064.
13(C) begin deleteFifty dollars ($50) end deletebegin insertPursuant to subdivision (b) of Section
142059, an amount equal to 20
percent end insertof the initial registration fee
15required pursuant to subdivision (a) of Section 2059.
16(2) Upon appropriation by the Legislature, the moneys in the
17fund shall be disbursed by the commissioner only to persons
18determined by the commissioner to have been damaged by the
19failure to pay wages and penalties and other related damages by
20any employer, to ensure the payment of wages and penalties and
21other related damages. Any disbursed funds subsequently recovered
22by the commissioner shall be returned to the fund.
23(b) The Car Wash Worker Fund is established in the State
24Treasury.
25(1) The following moneys shall be deposited into this fund:
26(A) Fifty percent of the fines collected pursuant to Section 2064.
27(B) The initial registration fee required pursuant to subdivision
28(a) of Section 2059, less the amount specified in subparagraph (C)
29of paragraph (1) of subdivision (a).
30(2) Upon appropriation by the Legislature, the moneys in this
31fund shall be applied tobegin insert
all direct and indirectend insert costs incurred by
32the commissioner in administeringbegin delete the provisions ofend delete this part and
33begin insert all direct and indirect costs ofend insert enforcement and investigation of
34the car washing and polishing industry.
35(c) The Department of Industrial Relations may establish by
36regulation those procedures necessary to carry outbegin delete the provisions this section.
37ofend delete
begin insertSection 2658 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertperson shallbegin insert notend insert employ an industrial
40homeworker in any industry not prohibited by Section 2651 unless
P175 1the person employing an industrial homeworker has obtained a
2valid industrial homework license from the division.
3 Application
end delete
4begin insert(b)end insertbegin insert end insertbegin insertApplicationend insert for a license to employ industrial homeworkers
5shall be made to the division inbegin delete suchend deletebegin insert aend insert form as the division may
6by regulation prescribe. A license fee of one hundred dollars ($100)
7for each industrial homeworker employed shall be paid to the
8division andbegin delete suchend deletebegin insert theend insert license shall be valid for a period of one year
9from the date of issuance unless sooner revoked or suspended.
10 Renewal
end delete
11begin insert(c)end insertbegin insert end insertbegin insertRenewalend insert fees shall be at the same rate and conditions as the
12original license.
13 The
end delete
14begin insert(d)end insertbegin insert end insertbegin insertTheend insert division may revoke or suspend the license upon a
15finding that the person has violated this part or has failed to comply
16with the regulations of the division or withbegin delete any provision ofend delete
the
17license. The industrial homework license shall not be transferable.
18 All
end delete
19begin insert(e)end insertbegin insert end insertbegin insertAllend insert licensebegin insert and permitend insert fees received under this part shall be
20paid into thebegin delete State Treasury.end deletebegin insert Labor Enforcement and Compliance
21Fund.end insert
It is the intent of the Legislature that the Labor and
23Workforce Development Agency shall continue to assign the duties
24prescribed in the Labor Code Private Attorneys General Act of
252004 (Part 13 (commencing with Section 2698) of Division 2 of
26the Labor Code) to the departments, divisions, commissions,
27boards, or agencies where those duties are customarily performed.
begin insertSection 2699 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) Notwithstanding any other provision of law, any
30provision of this code that provides for a civil penalty to be
31assessed and collected by the Labor and Workforce Development
32Agency or any of its departments, divisions, commissions, boards,
33agencies, or employees, for a violation of this code, may, as an
34alternative, be recovered through a civil action brought by an
35aggrieved employee on behalf of himself or herself and other
36current or former employees pursuant to the procedures specified
37in Section 2699.3.
38(b) For purposes of this part, “person” has the same meaning
39as defined in Section 18.
P176 1(c) For purposes of this part, “aggrieved employee” means any
2person who was employed by the alleged
violator and against
3whom one or more of the alleged violations was committed.
4(d) For purposes of this part, “cure” means that the employer
5abates each violation alleged by any aggrieved employee, the
6employer is in compliance with the underlying statutes as specified
7in the notice required by this part, and any aggrieved employee is
8made whole. A violation of paragraph (6) or (8) of subdivision (a)
9of Section 226 shall only be considered cured upon a showing that
10the employer has provided a fully compliant, itemized wage
11statement to each aggrieved employee for each pay period for the
12three-year period prior to the date of the written notice sent
13pursuant to paragraph (1) of subdivision (c) of Section 2699.3.
14(e) (1) For purposes of this part, whenever the Labor and
15Workforce Development Agency, or any of its departments,
16divisions, commissions, boards,
agencies, or employees, has
17discretion to assess a civil penalty, a court is authorized to exercise
18the same discretion, subject to the same limitations and conditions,
19to assess a civil penalty.
20(2) In any action by an aggrieved employee seeking recovery
21of a civil penalty available under subdivision (a) or (f), a court
22may award a lesser amount than the maximum civil penalty amount
23specified by this part if, based on the facts and circumstances of
24the particular case, to do otherwise would result in an award that
25is unjust, arbitrary and oppressive, or confiscatory.
26(f) For all provisions of this code except those for which a civil
27penalty is specifically provided, there is established a civil penalty
28for a violation of these provisions, as follows:
29(1) If, at the time of the alleged violation, the person does not
30
employ one or more employees, the civil penalty is five hundred
31dollars ($500).
32(2) If, at the time of the alleged violation, the person employs
33one or more employees, the civil penalty is one hundred dollars
34($100) for each aggrieved employee per pay period for the initial
35violation and two hundred dollars ($200) for each aggrieved
36employee per pay period for each subsequent violation.
37(3) If the alleged violation is a failure to act by the Labor and
38Workplace Development Agency, or any of its departments,
39divisions, commissions, boards, agencies, or employees, there shall
40be no civil penalty.
P177 1(g) (1) Except as provided in paragraph (2), an aggrieved
2employee may recover the civil penalty described in subdivision
3(f) in a civil action pursuant to the procedures specified in Section
42699.3 filed
on behalf of himself or herself and other current or
5former employees against whom one or more of the alleged
6violations was committed. Any employee who prevails in any
7action shall be entitled to an award of reasonable attorney’s fees
8andbegin delete costs.end deletebegin insert
costs, including any filing fee paid pursuant to
9subparagraph (B) of paragraph (1) of subdivision (a) or
10subparagraph (B) of paragraph (1) of subdivision (c) of Section
112699.3.end insert Nothing in this part shall operate to limit an employee’s
12right to pursue or recover other remedies available under state or
13federal law, either separately or concurrently with an action taken
14under this part.
15(2) No action shall be brought under this part for any violation
16of a posting, notice, agency reporting, or filing requirement of this
17code, except where the filing or reporting requirement involves
18mandatory payroll or workplace injury reporting.
19(h) No action may be brought under this section by an aggrieved
20employee if the agency or any of its departments, divisions,
21commissions, boards, agencies, or employees, on the same facts
22and theories, cites a
person within the timeframes set forth in
23Section 2699.3 for a violation of the same section or sections of
24the Labor Code under which the aggrieved employee is attempting
25to recover a civil penalty on behalf of himself or herself or others
26or initiates a proceeding pursuant to Section 98.3.
27(i) Except as provided in subdivision (j), civil penalties
28recovered by aggrieved employees shall be distributed as follows:
2975 percent to the Labor and Workforce Development Agency for
30enforcement of laborbegin delete laws andend deletebegin insert
laws, including the administration
31of this part, and forend insert education of employers and employees about
32their rights and responsibilities under this code, to be continuously
33appropriated to supplement and not supplant the funding to the
34agency for those purposes; and 25 percent to the aggrieved
35employees.
36(j) Civil penalties recovered under paragraph (1) of subdivision
37(f) shall be distributed to the Labor and Workforce Development
38Agency for enforcement of laborbegin delete laws andend deletebegin insert laws, including the
39administration of this part, and forend insert education of employers and
40employees about their rights and responsibilities under this code,
P178 1to be continuously appropriated to supplement and not supplant
2the funding to the agency for those
purposes.
3(k) Nothing contained in this part is intended to alter or
4otherwise affect the exclusive remedy provided by the workers’
5compensation provisions of this code for liability against an
6employer for the compensation for any injury to or death of an
7employee arising out of and in the course of employment.
8(l) The superior court shall review and approve any penalties
9sought as part of a proposed settlement agreement pursuant to this
10part.
11
(l) (1) For cases filed on or after July 1, 2016, the aggrieved
12employee or representative shall,
within 10 days following
13commencement of a civil action pursuant to this part, provide the
14Labor and Workforce Development Agency with a file-stamped
15copy of the complaint that includes the case number assigned by
16the court.
17
(2) The superior court shall review and approve any settlement
18of any civil action filed pursuant to this part. The proposed
19settlement shall be submitted to the agency at the same time that
20it is submitted to the court.
21
(3) A copy of the superior court’s judgment in any civil action
22filed pursuant to this part and any other order in that action that
23either provides for or denies an award of civil penalties under this
24code shall be submitted to the agency within 10 days after entry
25of the judgment or order.
26
(4) Items required
to be submitted to the Labor and Workforce
27Development Agency under this subdivision or to the Division of
28Occupational Safety and Health pursuant to paragraph (4) of
29subdivision (b) of Section 2699.3, shall be transmitted online
30through the same system established for the filing of notices and
31requests under subdivisions (a) and (c) of Section 2699.3.
32(m) This section shall not apply to the recovery of administrative
33and civil penalties in connection with the workers’ compensation
34law as contained in Division 1 (commencing with Section 50) and
35Division 4 (commencing with Section 3200), including, but not
36limited to, Sections 129.5 and 132a.
37(n) The agency or any of its departments, divisions,
38commissions, boards, or agencies may promulgate regulations to
39implement the provisions of this part.
begin insertSection 2699.3 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
2read:end insert
(a) A civil action by an aggrieved employee pursuant
4to subdivision (a) or (f) of Section 2699 alleging a violation of any
5provision listed in Section 2699.5 shall commence only after the
6following requirements have been met:
7(1) begin insert(A)end insertbegin insert end insertThe aggrieved employee or representative shall give
8written notice bybegin delete certified mail toend deletebegin insert online filing withend insert the Labor and
9Workforce Development Agency andbegin insert
by certified mail toend insert the
10employer of the specific provisions of this code alleged to have
11been violated, including the facts and theories to support the alleged
12violation.
13
(B) A notice filed with the Labor and Workforce Development
14Agency pursuant to subparagraph (A) and any employer response
15to that notice shall be accompanied by a filing fee of seventy-five
16dollars ($75). The fees required by this subparagraph are subject
17to waiver in accordance with the requirements of Sections 68632
18and 68633 of the Government Code.
19
(C) The fees paid pursuant to subparagraph (B) shall be paid
20into the Labor and Workforce Development Fund and used for the
21purposes specified in subdivision (j) of Section 2699.
22(2) (A) The agency shall notify the employer and the aggrieved
23employee or representative by certified mail that it does not intend
24to investigate the alleged violation withinbegin delete 30end deletebegin insert 60end insert calendar days of
25the postmark date of the notice received pursuant to paragraph (1).
26Upon receipt of that notice or if no notice is provided withinbegin delete 33end delete
27begin insert 65end insert calendar days of the postmark date of the notice given pursuant
28to paragraph (1), the aggrieved employee may commence a civil
29action pursuant to Section 2699.
30(B) If the agency intends to investigate the alleged violation, it
31shall notify the employer and the aggrieved employee or
32representative by certified mail of its decision withinbegin delete 33end deletebegin insert 65end insert calendar
33days of the postmark date of the notice received pursuant to
34paragraph (1). Within 120 calendar days of that decision, the
35agency may investigate the alleged violation and issue any
36appropriate citation.begin insert If the agency, during the course of its
37investigation, determines that additional time is necessary to
38complete the investigation, it may extend the time by not more than
3960 additional calendar days and shall issue a notice of the
40extension.end insert If the agency determines that no citation will be issued,
P180 1it shall
notify the employer and aggrieved employee of that decision
2within five business days thereof by certified mail. Upon receipt
3of that notice or if no citation is issued by the agency within the
4begin delete 158-day periodend deletebegin insert time limitsend insert prescribed by subparagraph (A) and
5this subparagraph or if the agency fails to provide timely or any
6notification, the aggrieved employee may commence a civil action
7pursuant to Section 2699.
8(C) Notwithstanding any other provision of law, a plaintiff may
9as a matter of right amend an existing complaint to add a cause of
10action arising under this part at any time within 60 days of the time
11periods specified in this part.
12
(D) The time limits prescribed by this paragraph shall only
13apply if the notice required by paragraph (1) is filed with the
14agency on or after July 1, 2016. For notices submitted prior to
15July 1, 2016, the time limits in effect on the postmark date of the
16notice shall apply.
17(b) A civil action by an aggrieved employee pursuant to
18subdivision (a) or (f) of Section 2699 alleging a violation of any
19provision of Division 5 (commencing with Section 6300) other
20than those listed in Section 2699.5 shall commence only after the
21following requirements have been met:
22(1) The aggrieved employee or representative shall give notice
23bybegin delete certified mail toend deletebegin insert
online filing withend insert the Division of Occupational
24Safety and Health andbegin insert by certified mail toend insert the employer, with a
25copy to the Labor and Workforce Development Agency, of the
26specific provisions of Division 5 (commencing with Section 6300)
27alleged to have been violated, including the facts and theories to
28support the alleged violation.
29(2) (A) The division shall inspect or investigate the alleged
30violation pursuant to the procedures specified in Division 5
31(commencing with Section 6300).
32(i) If the division issues a citation, the employee may not
33commence an action pursuant to Section 2699. The division shall
34notify the aggrieved employee and employer in writing within 14
35calendar days of certifying that the
employer has corrected the
36violation.
37(ii) If by the end of the period for inspection or investigation
38provided for in Section 6317, the division fails to issue a citation
39and the aggrieved employee disputes that decision, the employee
40may challenge that decision in the superior court. In such an action,
P181 1the superior court shall follow precedents of the Occupational
2Safety and Health Appeals Board. If the court finds that the division
3should have issued a citation and orders the division to issue a
4citation, then the aggrieved employee may not commence a civil
5action pursuant to Section 2699.
6(iii) A complaint in superior court alleging a violation of
7Division 5 (commencing with Section 6300) other than those listed
8in Section 2699.5 shall include therewith a copy of the notice of
9violation provided to the division and employer pursuant to
10paragraph (1).
11(iv) The superior court shall not dismiss the action for
12nonmaterial differences in facts or theories between those contained
13in the notice of violation provided to the division and employer
14pursuant to paragraph (1) and the complaint filed with the court.
15(B) If the division fails to inspect or investigate the alleged
16violation as provided by Section 6309, the provisions of subdivision
17(c) shall apply to the determination of the alleged violation.
18(3) (A) Nothing in this subdivision shall be construed to alter
19the authority of the division to permit long-term abatement periods
20or to enter into memoranda of understanding or joint agreements
21with employers in the case of long-term abatement issues.
22(B) Nothing in this subdivision shall
be construed to authorize
23an employee to file a notice or to commence a civil action pursuant
24to Section 2699 during the period that an employer has voluntarily
25entered into consultation with the division to ameliorate a condition
26in that particular worksite.
27(C) An employer who has been provided notice pursuant to this
28section may not then enter into consultation with the division in
29order to avoid an action under this section.
30(4) The superior court shall review and approve any proposed
31settlement of alleged violations of the provisions of Division 5
32(commencing with Section 6300) to ensure that the settlement
33provisions are at least as effective as the protections or remedies
34provided by state and federal law or regulation for the alleged
35violation. The provisions of the settlement relating to health and
36safety laws shall be submitted to the division at the same time that
37they
are submitted to the court. This requirement shall be construed
38to authorize and permit the division to comment on those settlement
39provisions, and the court shall grant the division’s commentary
40the appropriate weight.
P182 1(c) A civil action by an aggrieved employee pursuant to
2subdivision (a) or (f) of Section 2699 alleging a violation of any
3provision other than those listed in Section 2699.5 or Division 5
4(commencing with Section 6300) shall commence only after the
5following requirements have been met:
6(1) begin insert(A)end insertbegin insert end insertThe aggrieved employee or representative shall give
7written notice bybegin delete certified mail toend deletebegin insert
online filing withend insert the Labor and
8Workforce Development Agency andbegin insert by certified mail toend insert the
9employer of the specific provisions of this code alleged to have
10been violated, including the facts and theories to support the alleged
11violation.
12
(B) A notice filed with the Labor and Workforce Development
13Agency pursuant to subparagraph (A) and any employer response
14to that notice shall be accompanied by a filing fee of seventy-five
15dollars ($75). The fees required by this subparagraph are subject
16to waiver in accordance with the requirements of Sections 68632
17and 68633 of the Government Code.
18
(C) The fees paid pursuant to subparagraph
(B) shall be paid
19into the Labor and Workforce Development Fund and used for the
20purposes specified in subdivision (j) of Section 2699.
21(2) (A) The employer may cure the alleged violation within 33
22calendar days of the postmark date of thebegin delete notice.end deletebegin insert notice sent by
23the aggrieved employee or representative.end insert The employer shall give
24written noticebegin delete by certified mailend delete within that period of timebegin insert
by
25certified mailend insert to the aggrieved employee or representative andbegin insert by
26online filing withend insert the agency if the alleged violation is cured,
27including a description of actions taken, and no civil action
28pursuant to Section 2699 may commence. If the alleged violation
29is not cured within the 33-day period, the employee may commence
30a civil action pursuant to Section 2699.
31(B) (i) Subject to the limitation in clause (ii), no employer may
32avail himself or herself of the notice and cure provisions of this
33subdivision more than three times in a 12-month period for the
34same violation or violations contained in the notice, regardless of
35the location of the worksite.
36(ii) No employer may avail himself or herself of the notice
and
37cure provisions of this subdivision with respect to alleged violations
38of paragraph (6) or (8) of subdivision (a) of Section 226 more than
39once in a 12-month period for the same violation or violations
40contained in the notice, regardless of the location of the worksite.
P183 1(3) If the aggrieved employee disputes that the alleged violation
2has been cured, the aggrieved employee or representative shall
3provide written noticebegin insert by online filing with the agency andend insert by
4certifiedbegin delete mail,end deletebegin insert mail to the employer,end insert including specified grounds
5to support that dispute, to the employer and the agency. Within 17
6calendar days of thebegin delete postmark dateend deletebegin insert
receiptend insert of that notice, the agency
7shall review the actions taken by the employer to cure the alleged
8violation, and provide written notice of its decision by certified
9mail to the aggrieved employee and the employer. The agency
10may grant the employer three additional business days to cure the
11alleged violation. If the agency determines that the alleged violation
12has not been cured or if the agency fails to provide timely or any
13notification, the employee may proceed with the civil action
14pursuant to Section 2699. If the agency determines that the alleged
15violation has been cured, but the employee still disagrees, the
16employee may appeal that determination to the superior court.
17(d) The periods specified in this section are not counted as part
18of the time limited for the commencement of the civil action to
19recover penalties under this part.
20
(e) This section shall remain in effect only until July 1, 2021,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before July 1, 2021, deletes or extends that date.
begin insertSection 2699.3 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) A civil action by an aggrieved employee pursuant
25to subdivision (a) or (f) of Section 2699 alleging a violation of any
26provision listed in Section 2699.5 shall commence only after the
27following requirements have been met:
28
(1) (A) The aggrieved employee or representative shall give
29written notice by online filing with the Labor and Workforce
30Development Agency and by certified mail to the employer of the
31specific provisions of this code alleged to have been violated,
32including the facts and theories to support the alleged violation.
33
(B) A notice filed with the Labor and Workforce Development
34Agency pursuant to subparagraph
(A) and any employer response
35to that notice shall be accompanied by a filing fee of seventy-five
36dollars ($75). The fees required by this subparagraph are subject
37to waiver in accordance with the requirements of Sections 68632
38and 68633 of the Government Code.
P184 1
(C) The fees paid pursuant to subparagraph (B) shall be paid
2into the Labor and Workforce Development Fund and used for the
3purposes specified in subdivision (j) of Section 2699.
4
(2) (A) The agency shall notify the employer and the aggrieved
5employee or representative by certified mail that it does not intend
6to investigate the alleged violation within 60 calendar days of the
7postmark date of the notice received pursuant to paragraph (1).
8Upon receipt of that notice or if no notice is provided within 65
9calendar days of the postmark date of the notice given pursuant
10to
paragraph (1), the aggrieved employee may commence a civil
11action pursuant to Section 2699.
12
(B) If the agency intends to investigate the alleged violation, it
13shall notify the employer and the aggrieved employee or
14representative by certified mail of its decision within 65 calendar
15days of the postmark date of the notice received pursuant to
16paragraph (1). Within 120 calendar days of that decision, the
17agency may investigate the alleged violation and issue any
18appropriate citation. If the agency determines that no citation will
19be issued, it shall notify the employer and aggrieved employee of
20that decision within five business days thereof by certified mail.
21Upon receipt of that notice or if no citation is issued by the agency
22within the time limits prescribed by subparagraph (A) and this
23subparagraph or if the agency fails to provide timely or any
24notification, the aggrieved employee may commence a civil action
25pursuant
to Section 2699.
26
(C) Notwithstanding any other provision of law, a plaintiff may
27as a matter of right amend an existing complaint to add a cause
28of action arising under this part at any time within 60 days of the
29time periods specified in this part.
30
(b) A civil action by an aggrieved employee pursuant to
31subdivision (a) or (f) of Section 2699 alleging a violation of any
32provision of Division 5 (commencing with Section 6300) other
33than those listed in Section 2699.5 shall commence only after the
34following requirements have been met:
35
(1) The aggrieved employee or representative shall give notice
36by online filing with the Division of Occupational Safety and Health
37and by certified mail to the employer, with a copy to the Labor
38and Workforce
Development Agency, of the specific provisions of
39Division 5 (commencing with Section 6300) alleged to have been
P185 1violated, including the facts and theories to support the alleged
2violation.
3
(2) (A) The division shall inspect or investigate the alleged
4violation pursuant to the procedures specified in Division 5
5(commencing with Section 6300).
6
(i) If the division issues a citation, the employee may not
7commence an action pursuant to Section 2699. The division shall
8notify the aggrieved employee and employer in writing within 14
9calendar days of certifying that the employer has corrected the
10violation.
11
(ii) If by the end of the period for inspection or investigation
12provided for in Section 6317, the division fails to issue a citation
13and the
aggrieved employee disputes that decision, the employee
14may challenge that decision in the superior court. In such an
15action, the superior court shall follow precedents of the
16Occupational Safety and Health Appeals Board. If the court finds
17that the division should have issued a citation and orders the
18division to issue a citation, then the aggrieved employee may not
19commence a civil action pursuant to Section 2699.
20
(iii) A complaint in superior court alleging a violation of
21Division 5 (commencing with Section 6300) other than those listed
22in Section 2699.5 shall include therewith a copy of the notice of
23violation provided to the division and employer pursuant to
24paragraph (1).
25
(iv) The superior court shall not dismiss the action for
26nonmaterial differences in facts or theories between those
27contained in the notice of violation
provided to the division and
28employer pursuant to paragraph (1) and the complaint filed with
29the court.
30
(B) If the division fails to inspect or investigate the alleged
31violation as provided by Section 6309, the provisions of subdivision
32(c) shall apply to the determination of the alleged violation.
33
(3) (A) Nothing in this subdivision shall be construed to alter
34the authority of the division to permit long-term abatement periods
35or to enter into memoranda of understanding or joint agreements
36with employers in the case of long-term abatement issues.
37
(B) Nothing in this subdivision shall be construed to authorize
38an employee to file a notice or to commence a civil action pursuant
39to Section 2699 during the period that an employer has voluntarily
P186 1
entered into consultation with the division to ameliorate a condition
2in that particular worksite.
3
(C) An employer who has been provided notice pursuant to this
4section may not then enter into consultation with the division in
5order to avoid an action under this section.
6
(4) The superior court shall review and approve any proposed
7settlement of alleged violations of the provisions of Division 5
8(commencing with Section 6300) to ensure that the settlement
9provisions are at least as effective as the protections or remedies
10provided by state and federal law or regulation for the alleged
11violation. The provisions of the settlement relating to health and
12safety laws shall be submitted to the division at the same time that
13they are submitted to the court. This requirement shall be construed
14to authorize and permit the division to comment
on those settlement
15provisions, and the court shall grant the division’s commentary
16the appropriate weight.
17
(c) A civil action by an aggrieved employee pursuant to
18subdivision (a) or (f) of Section 2699 alleging a violation of any
19provision other than those listed in Section 2699.5 or Division 5
20(commencing with Section 6300) shall commence only after the
21following requirements have been met:
22
(1) (A) The aggrieved employee or representative shall give
23written notice by online filing with the Labor and Workforce
24Development Agency and by certified mail to the employer of the
25specific provisions of this code alleged to have been violated,
26including the facts and theories to support the alleged violation.
27
(B) A notice filed with the Labor and
Workforce Development
28Agency pursuant to subparagraph (A) and any employer response
29to that notice shall be accompanied by a filing fee of seventy-five
30dollars ($75). The fees required by this subparagraph are subject
31to waiver in accordance with the requirements of Sections 68632
32and 68633 of the Government Code.
33
(C) The fees paid pursuant to subparagraph (B) shall be paid
34into the Labor and Workforce Development Fund and used for the
35purposes specified in subdivision (j) of Section 2699.
36
(2) (A) The employer may cure the alleged violation within 33
37calendar days of the postmark date of the notice sent by the
38aggrieved employee or representative. The employer shall give
39written notice within that period of time by certified mail to the
40aggrieved employee or representative and by online filing with
P187 1the agency if the alleged
violation is cured, including a description
2of actions taken, and no civil action pursuant to Section 2699 may
3commence. If the alleged violation is not cured within the 33-day
4period, the employee may commence a civil action pursuant to
5Section 2699.
6
(B) (i) Subject to the limitation in clause (ii), no employer may
7avail himself or herself of the notice and cure provisions of this
8subdivision more than three times in a 12-month period for the
9same violation or violations contained in the notice, regardless of
10the location of the worksite.
11
(ii) No employer may avail himself or herself of the notice and
12cure provisions of this subdivision with respect to alleged violations
13of paragraph (6) or (8) of subdivision (a) of Section 226 more than
14once in a 12-month period for the same violation or violations
15contained in the notice,
regardless of the location of the worksite.
16
(3) If the aggrieved employee disputes that the alleged violation
17has been cured, the aggrieved employee or representative shall
18provide written notice by online filing with the agency and by
19certified mail to the employer, including specified grounds to
20support that dispute, to the employer and the agency. Within 17
21calendar days of the receipt of that notice, the agency shall review
22the actions taken by the employer to cure the alleged violation,
23and provide written notice of its decision by certified mail to the
24aggrieved employee and the employer. The agency may grant the
25employer three additional business days to cure the alleged
26violation. If the agency determines that the alleged violation has
27not been cured or if the agency fails to provide timely or any
28notification, the employee may proceed with the civil action
29pursuant to Section 2699. If the agency determines that
the alleged
30violation has been cured, but the employee still disagrees, the
31employee may appeal that determination to the superior court.
32
(d) The periods specified in this section are not counted as part
33of the time limited for the commencement of the civil action to
34recover penalties under this part.
35
(e) This section shall become operative on July 1, 2021.
begin insertSection 4724 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The person or persons to whom the special death benefit
38is payable pursuant to Section 4722 shall file a claim therefor with
39thebegin delete State Board of Control,end deletebegin insert Department of General Services,end insert which
40shall be processed pursuant to the provisions of Chapter 3
P188 1(commencing with Section 900) of Part 2 of Division 3.6 of Title
21 of the Government Code.
begin insertSection 4725 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The State Compensation Insurance Fund shall be the
5disbursing agent for payments made pursuant to this article and
6shall receive a fee for its services to be negotiated by thebegin delete State begin insert Department of General Services.end insert Unless
7Board of Control.end delete
8otherwise provided herein, payments shall be made in accordance
9with the provisions of this division.
begin insertSection 4726 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Thebegin delete State Board of Controlend deletebegin insert Department of General
12Servicesend insert and the Administrative Director of the Division of
13Workers’ Compensation shall jointly adopt rules and regulations
14as may be necessary to carry out the provisions of this article.
begin insertSection 6507 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall setbegin delete a feeend deletebegin insert feesend insert to be charged forbegin delete suchend delete
17 permitsbegin insert and registrationsend insert inbegin delete an amountend deletebegin insert amountsend insert reasonably
18necessary to cover the costs involved inbegin delete investigating and issuing begin insert
administering the permitting and registration
19such permits.end delete
20programs in this chapter. All permit and registration fees collected
21under this chapter shall be deposited in the Occupational Safety
22and Health Fund.end insert
begin insertSection 7311.4 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
24read:end insert
(a) The division shall establish fees for initial and
26renewal applications for certification under this chapter as a
27certified qualified conveyance inspector, certified qualified
28conveyance company, or certified competent conveyance mechanic
29based upon thebegin delete actual costs involved with the certification process,end delete
30begin insert costs to the division of administering the certification and licensing
31program in this chapter,end insert including the cost of developing and
32administering any tests as well as any costs related to continuing
33education, investigation, revocation, or other associated costs.begin insert
In
34fixing the amount of these fees, the division may include direct
35costs and a reasonable percentage attributable to the indirect costs
36of the division for administering this chapter.end insert
37(b) Fees collected pursuant to this chapter are nonrefundable.
begin insertSection 7314 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete may,end deletebegin insert shall,end insert subject to subdivision (f),
40fix and collect fees for the inspection of conveyances as itbegin delete deemsend delete
P189 1begin insert determines to beend insert necessary to coverbegin delete the actual costs of having the begin insert
the costs to the division
2inspection performed by a division safety engineer, including
3administrative costs, and the costs related to regulatory
4development as required by Section 7323. An additional fee may,
5in the discretion of the division, be chargedend delete
6of administering the inspection and permitting programs in this
7chapter, including feesend insert for necessary subsequent inspections to
8determine if applicable safety orders have been compliedbegin delete with. begin insert with and
9The division may fix and collect fees for field consultations
10regarding conveyances as it deems necessary to cover the actual
11costs of the time spent in the consultation by a division safety
12engineer, including administrative and travel expenses.end delete
13for field consultations. In fixing the amount of these fees, the
14division may include direct costs and a reasonable percentage
15attributable to the indirect costs of the division for administering
16this chapter, including the costs related to regulatory development
17as required by Section 7323.end insert
18(b) Notwithstanding Section 6103 of the Government Code, the
19division may collect the fees authorized by subdivision (a) from
20the state or any county, city, district, or other political subdivision.
21(c) Whenever a person owning or having the custody,
22management, or operation of a conveyance fails to pay the fees
23required under this chapter within 60 days after the date of
24notification, he or she shall pay, in addition to the fees required
25under this chapter, a penalty fee equal to 100 percent of the fee.
26Failure to pay fees within 60 days after the date of notification
27constitutes cause for the division to prohibit use of the conveyance.
28(d) (1) Any fees required pursuant to this section shall, except
29as otherwise provided in paragraph (2), be set forth in regulations
30that shall be adopted as
emergency regulations. These emergency
31regulations shall not be subject to the review and approval of the
32Office of Administrative Law pursuant to the Administrative
33Procedure Act (Chapter 3.5 (commencing with Section 11340) of
34Part 1 of Division 3 of Title 2 of the Government Code). These
35regulations shall become effective immediately upon filing with
36the Secretary of State.
37(2) A suspension or reduction of fees pursuant to subdivision
38(f) is not required to be set forth in a regulation.
P190 1(e) For purposes of this section, the date of the invoice assessing
2a fee pursuant to this section shall be considered the date of
3notification.
4(f) (1) For the 2015-16 fiscal year, the fees for the annual and
5biennial inspection of conveyances required by Section 7304 are
6suspended on a one-time basis.
7(2) For the 2016-17 fiscal year, and for every fiscal year
8thereafter, the Director of Industrial Relations, upon concurrence
9of the Department of Finance, may suspend or reduce the fees for
10the annual and biennial inspections of conveyances required by
11Section 7304 on a one-time basis for that fiscal year in order to
12reduce the amount of moneys in the Elevator Safety Account.
begin insertSection 7315 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Fees shall be paid before the issuance of any permit to
15operate a conveyance, but a temporary permit may be issued
16pending receipt of fee payment.begin delete Noend deletebegin insert The division shall not charge
17 an inspectionend insert feebegin delete may be charged by the division whereend deletebegin insert ifend insert an
18inspection has been made by an inspector of an insurance company
19or municipalitybegin delete if that inspectorend deletebegin insert
whoend insert holds a certificate as a
20conveyance inspector and an inspection report is filed with the
21division within 21 days after inspection is made.begin insert The division may
22charge a fee for processing and issuing the permit to operate.end insert
begin insertThe heading of Chapter 4 (commencing with Section
247340) of Part 3 of Division 5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
25read:end insert
26
begin insertSection 7340 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
As used in this chapter:
31(a) begin delete“Aerial passenger end deletebegin insert“Passenger end inserttramway” includes any
32method or device used primarily for the purpose of transporting
33persons by means of cables or ropes suspended between two or
34more points or structures.
35(b) “Permit” means a permit issued by the division to operate
36begin delete an aerialend deletebegin insert aend insert
passenger tramway in any place.
begin insertSection 7341 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo aerial end deletebegin insertA end insertpassenger tramway shallbegin insert notend insert be operated in
39any place in this state unless a permit for the operationbegin delete thereofend deletebegin insert of
40the tramwayend insert is issued by the division, and unlessbegin delete suchend deletebegin insert
theend insert permit
P191 1remains in effect and is kept posted conspicuously in the main
2operating terminal of the tramway.
begin insertSection 7342 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway by any
5person owning or having the custody, management, or operation
6thereof without a permit is a misdemeanor, and each day of
7operation without a permit is a separate offense. No prosecution
8shall be maintained where the issuance or renewal of a permit has
9been requested and remains unacted upon.
begin insertSection 7343 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Wheneverbegin delete an aerialend deletebegin insert aend insert passenger tramway in any place
12is being operated without the permit herein required, and is in such
13condition that its use is dangerous to the life or safety of any
14person, the division, or any person affected thereby, may apply to
15the superior court of the county in which thebegin delete aerialend delete passenger
16tramway is located for an injunction restraining the operation of
17thebegin delete aerialend delete passenger tramway until the condition is corrected. Proof
18by
certification of the division that a permit has not been issued,
19together with the affidavit of any safety engineer of the division
20that the operation of thebegin delete aerialend delete passenger tramway is dangerous to
21the life or safety of any person, is sufficient ground, in the
22discretion of the court, for the immediate granting of a temporary
23restraining order.
begin insertSection 7344 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The division shall cause allbegin delete aerialend delete passenger
26tramways to be inspected at least two times each year.
27(b) At least one of the inspections required by subdivision (a)
28shall take place between November 15 of each year and March 15
29of the succeeding year.
30(c) Ifbegin delete an aerialend deletebegin insert aend insert passenger tramway is found upon inspection
31to be in a safe condition for operation, a permit for operation for
32not
longer than one year shall be issued by the division.
begin insertSection 7345 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If inspection showsbegin delete an aerialend deletebegin insert aend insert passenger tramway to be
35in an unsafe condition, the division may issue a preliminary order
36requiring repairs or alterations to be made to thebegin delete aerialend delete passenger
37tramwaybegin delete whichend deletebegin insert thatend insert are necessary to render it safe, and may order
38the operation or use thereof discontinued until the repairs or
39alterations are made or the
unsafe conditions are removed.
begin insertSection 7346 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Unless the preliminary order is complied with, a hearing
2before the division shall be allowed, upon request, at which the
3owner, operator, or other person in charge of thebegin delete aerialend delete passenger
4tramway may appear and show cause why he should not comply
5with the order.
begin insertSection 7347 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If it thereafter appears to the division that thebegin delete aerialend delete
8 passenger tramway is unsafe and that the requirements contained
9in the preliminary order should be complied with, or that other
10things should be done to makebegin delete such aerialend deletebegin insert theend insert passenger tramway
11safe, the division may order or confirm the withholding of the
12permit and may makebegin delete suchend delete requirements as itbegin delete deemsend deletebegin insert
determines
13to beend insert
proper for its repair or alteration or for the correction ofbegin delete suchend delete
14begin insert theend insert unsafe condition.begin delete Suchend deletebegin insert Theend insert order may thereafter be reheard by
15the division or reviewed by the courtsbegin insert onlyend insert in the manner specified
16for safety orders by Part 1begin delete of this division and not otherwise.end delete
17
begin insert (commencing with Section 6300).end insert
begin insertSection 7348 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If the operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway during
20the making of repairs or alterations is not immediately dangerous
21to the safety of employees or others, the division may issue a
22temporary permit for the operationbegin delete thereofend deletebegin insert of the tramwayend insert forbegin insert a
23termend insert not to exceed 30 days during the making of repairs or
24
alterations.
begin insertSection 7350 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for the
27inspection ofbegin delete aerialend delete passenger tramways as it deems necessary to
28cover thebegin delete actual cost of having the inspection performed by a begin insert costs of the division in administering this
29division safety engineer.end delete
30chapter. In fixing the amount of these fees, the division may include
31direct costs and a reasonable
percentage attributable to the
32indirect costs of the division for administering this chapter.end insert The
33divisionbegin delete mayend deletebegin insert shallend insert not chargebegin insert an inspection feeend insert for inspections
34performed by certified insurance inspectors, but may charge a fee
35begin delete of not more than ten dollars ($10) to cover the cost ofend deletebegin insert forend insert
36 processing the permit when issued by the division as a result of
37the inspection. Notwithstanding Section 6103 of the Government
38Code, the division may collect the fees authorized by this section
39from the state or any
county, city, district, or other political
40subdivision.
P193 1(b) Whenever a person owning or having custody, management,
2or operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway fails to pay any fee
3required under this chapter within 60 days after the date of
4notification by the division, the division shall assess a penalty fee
5equal to 100 percent of the initial fee. For purposes of this section,
6the date of the invoice fixing the fee shall be considered the date
7of notification.
begin insertSection 7351 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Fees shall be paid before issuance of a permit to operate
10begin delete an aerialend deletebegin insert aend insert passenger tramway, except that the division, at its own
11discretion, may issue a temporary operating permit not to exceed
1230 days, pending receipt of payment of fees.
begin insertSection 7352 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertAll fees collected by the division under this chapter
15shall be deposited into thebegin delete Elevator Safety Accountend deletebegin insert Occupational
16Safety and Health Fundend insert to support the division’sbegin delete aerialend delete passenger
17tramway inspection program.
18
(b) On the effective date of the statute adding
this subdivision,
19any moneys in the Elevator Safety Account that, before that date,
20were deposited pursuant to this section, subdivision (a) of Section
217904, or subdivision (b) of Section 7929 shall be transferred to
22the Occupational Safety and Health Fund, together with any assets,
23liabilities, revenues, expenditures, and encumbrances of that fund
24that are attributable to the division’s passenger tramway inspection
25program under this chapter, the portable amusement ride
26inspection program under Part 8 (commencing with Section 7900),
27and the Permanent Amusement Ride Safety Inspection Program
28(Part 8.1 (commencing with Section 7920)).
begin insertSection 7353 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo aerial end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertpassenger tramway shallbegin insert notend insert be
31constructed or altered until the plans and design information have
32been properly certified to the division by an engineer qualified
33under thebegin delete Civil andend delete Professional Engineers Act (Chapterbegin delete 7, begin insert
7 (commencing end insert
with Section
34commencingend deletebegin delete 6700,end deletebegin insert 6700)end insert of Division
353 of the Business and Professions Code).
36 Any
end delete
37begin insert(b)end insertbegin insert end insertbegin insertAnyend insert person who owns, has custody of, manages, or operates
38begin delete an aerialend deletebegin insert aend insert passenger tramway shall notify the division
prior to
39any major repair ofbegin delete suchend deletebegin insert
theend insert tramway.
begin insertSection 7354 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall not issue an operating permit to operate
2begin delete an aerialend deletebegin insert aend insert passenger tramway until it receives certification in
3writing by an engineer qualified under thebegin delete Civil andend delete Professional
4Engineers Act (Chapterbegin delete 7, commencing with Section 6700,end deletebegin insert 7
5(commencing with Section 6700)end insert of Division 3 of the Business and
6Professions Code) that the erection
work onbegin delete suchend deletebegin insert
theend insert tramway has
7been completed in accordance with the design and erection plans
8 forbegin delete suchend deletebegin insert theend insert
tramway.
begin insertSection 7354.5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
10read:end insert
begin insert(a)end insertbegin insert end insertNotwithstanding any other provision of this
12chapter, in any case in which an insurer admitted to transact
13insurance in this state has inspected or caused to be inspected, by
14a qualified, licensed professional engineerbegin delete who isend delete registered in
15California pursuant to Chapter 7 (commencing with Section 6700)
16of Division 3 of the Business and Professions Code, anybegin delete aerialend delete
17 passenger tramway used as a ski lift, the division may, if it finds
18begin delete suchend deletebegin insert
thoseend insert inspections were made according tobegin delete the provisions ofend delete
19 subdivisions (a) and (b) of Section 7344, acceptbegin delete suchend deletebegin insert theend insert
20 inspections in lieu of any other inspections for that year, except
21that the initial inspection of a new ski lift or of a major alteration
22to an existing ski lift shall be performed by a division safety
23engineer.begin delete Suchend deletebegin insert Aend insert private inspector shall, before commencing his
24begin insert or herend insert duties
therein, secure from the division a certificate of
25competency to makebegin delete suchend delete inspections. The division may determine
26the competency of any applicant forbegin delete suchend deletebegin insert aend insert certificate, either by
27examination or by other satisfactory proof of qualification.
28 The
end delete
29begin insert(b)end insertbegin insert end insertbegin insertTheend insert
division may rescind at any time, upon good cause being
30shown therefor, and after hearing, if requested, any certificate of
31competency issued by it to a ski lift inspector. The inspection
32reports made to the division shall be inbegin delete suchend deletebegin insert aend insert form and content
33as the divisionbegin delete may findend deletebegin insert findsend insert necessary for acceptance as a proper
34inspection made bybegin delete suchend deletebegin insert aend insert private inspector.
begin insertSection 7356 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall, under the authority of Section 7355,
37promulgate and cause to be published safety orders directing each
38owner or operator ofbegin delete an aerialend deletebegin insert aend insert passenger tramway to report to
39the division each known incident where the maintenance, operation,
40or use ofbegin delete suchend deletebegin insert theend insert tramway results in injury to any person, unless
P195 1begin delete suchend deletebegin insert
theend insert injury does not require medical service other than ordinary
2first aid treatment.
begin insertSection 7357 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall establish standards for the qualification
5of persons engaged in the operation ofbegin delete aerialend delete passenger tramways,
6whether as employees or otherwise. The standards shall be
7consistent with the general objective of this chapter in providing
8for the safety of members of the public who usebegin delete aerialend delete passenger
9tramways and those engaged in their operation.
begin insertSection 7373 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) begin deleteNo end deletebegin insertA end inserttower crane shallbegin insert notend insert be operated at any
12worksite unless an employer obtains a permit from the division.
13The division shall conduct an investigation for purposes of issuing
14a permit in an expeditious manner. If the division does not issue
15a permit within 10 days after being requested to do so by a crane
16employer, the crane employer may operate the crane without a
17permit.
18(b) The division shall setbegin delete a feeend deletebegin insert
feesend insert to be charged for these
19permits in an amount sufficient to cover thebegin delete cost of funding the begin insert costs of administering this article.
20issuance of the permits and the safety engineers as provided by
21subdivision (a) of Section 7372.end delete
22In fixing the amount of these fees, the division may include direct
23costs and a reasonable percentage attributable to the indirect costs
24of the division for administering this article.end insert
25(c) The permit for a fixed tower crane shall be valid for the
26period of time that the tower crane is fixed to the site.
27(d) The permit for a mobile tower crane shall be valid for one
28calendar year.
begin insertSection 7380 of the end insertbegin insertLabor Codeend insertbegin insert is repealed.end insert
The division may collect fees for the examination and
31licensing of crane certifiers as necessary to cover the actual costs,
32including administrative costs. All fees collected by the division
33under this chapter shall be paid into the General Fund.
begin insertSection 7380 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) The division shall set fees for the examination and
36licensing of crane certifiers as necessary to cover the costs of
37administering this article. In fixing the amount of these fees, the
38division may include direct costs and a reasonable percentage
39attributable to the indirect costs of the division for administering
40this article.
P196 1
(b) All fees collected by the division under this chapter shall be
2deposited into the Occupational Safety and Health Fund.
begin insertSection 7720 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo fee shall be charged by the division end deletebegin insertThe division shall
5not charge an inspection fee end insertwhere an inspection is made by a
6certifiedbegin delete inspector; provided,end deletebegin insert inspector ifend insert the inspection has been
7made and reports have been submitted within the time limits
8specified in this part.
begin insertSection 7721 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for the
11shop, field, and resale inspection of tanks and boilers and for
12consultations, surveys, audits, and other activities required or
13related to national standards concerning the design or construction
14of boilers or pressure vessels or for evaluating fabricator’s plant
15facilities when these services are requested of the division by
16entities desiring these services. The divisionbegin delete mayend deletebegin insert
shallend insert
fix and
17collect the fees for the inspection of pressure vesselsbegin delete as it deems by a division safety
18necessary to cover the actual costs of having the inspection
19performedend deletebegin delete engineer, including administrative begin insert engineer. The division may charge an additional feeend insert for
20costs. An additional fee may, in the discretion of the division, be
21chargedend delete
22necessary subsequent inspections to determine if applicable safety
23orders have been complied with.
24(b) The divisionbegin delete mayend deletebegin insert shallend insert charge a
feebegin delete of not more than fifteen begin insert
forend insert processing a permit.
25dollars ($15) to cover the cost ofend delete
26(c) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for field
27consultations regarding pressurebegin delete vessels as it deems necessary to begin insert vessels.end insert
28cover the actual costs of the time spent in the consultation by a
29division safety engineer, including administrative expenses.end delete
30(d) Whenever a person owning or having the custody,
31management, or operation of a pressure vessel fails to pay the fees
32required under this chapter within 60 days after
notification, he or
33she shall pay, in addition to the fees required under this chapter,
34a penalty fee equal to 100 percent of the fee.
35(e) Any fees required pursuant to this section shall bebegin delete embodied begin insert in amounts sufficient to cover the direct and
36in regulations whichend delete
37indirect costs of the division for administering this part andend insert shall
38be adopted as emergency regulations. These emergency regulations
39shall not be subject to the review and approval of the Office of
40Administrative Law pursuant to the provisions of the
P197 1Administrative Procedure Act provided for in Chapter 3.5
2(commencing with Section 11340) of Part 1 of Division 3 of Title
32 of the Government Code. These regulations shall become
4effective immediately upon filing with the Secretary of
State.
begin insertSection 7722 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertThebegin delete inspectionend delete fees collected under thisbegin delete chapterend deletebegin insert partend insert
7 shall be paid into the Pressure Vessel Account, which is hereby
8created, to be used for the administration of the division pressure
9vessel safety program.
10 The
end delete
11begin insert(b)end insertbegin insert end insertbegin insertTheend insert division shall establish criteria upon which fee charges
12are based and prepare an annual report concerning revenues
13obtained and expenditures appropriated for the pressure vessel
14safety program. The division shall file the report with the
15Legislative Analyst, the Joint Legislative Audit Committee, and
16the Department of Finance.
begin insertSection 7904 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collectbegin insert allend insert feesbegin delete for necessary to cover
19the inspection of amusement rides that it deemsend delete
20thebegin delete actualend delete cost ofbegin delete having the inspection performed by a division begin insert
administering this part.
21safety engineer. The division may not charge for inspections
22performed by certified insurance inspectors or an inspector for a
23public entity, but may charge a fee of not more than ten dollars
24($10) to cover the cost of processing the permit when issued by
25the division as a result of the inspection.end delete
26Fees shall be charged to a person or entity receiving the division’s
27services as provided by this part, as set out in regulations adopted
28pursuant to this part, including, but not limited to, approvals,
29determinations, permits, investigations, inspections and
30reinspections, certifications and recertifications, receipt and review
31of certificates, and reports and inspections. In fixing the amount
32of these fees, the division may include direct costs and a reasonable
33percentage attributable to the indirect costs of the division for
34administering this part.end insert All fees collected by the division under
35this section shall be deposited into thebegin delete Elevator Safety Accountend delete
36begin insert
Occupational Safety and Health Fundend insert to support the division’s
37portable amusement ride inspection program.
38
(b) Any fees required pursuant to this section shall be set forth
39in regulations. For the 2016-17 fiscal year, those regulations shall
40be adopted as emergency regulations. These emergency regulations
P198 1shall not be subject to the review and approval of the Office of
2Administrative Law pursuant to the rulemaking provisions of the
3Administrative Procedure Act provided for in Chapter 3.5
4(commencing with Section 11340) of Part 1 of Division 3 of Title
52 of the Government Code. These emergency regulations shall
6become effective immediately upon filing with the Secretary of
7State.
8(b)
end delete
9begin insert(c)end insert The division shall annually prepare andbegin delete submit to the begin insert post on its Internet Web siteend insert a report summarizing
10Division of Fairs and Expositions within the Department of Food
11and Agriculture,end delete
12all inspections of amusement rides and accidents occurring on
13amusement rides. Thisbegin delete annualend delete reportbegin delete shall alsoend deletebegin insert
mayend insert containbegin delete allend delete
14
route location information submitted to the division by permit
15applicants.
begin insertSection 7924 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) On an annual basis,begin delete eachend deletebegin insert anend insert owner of a permanent
18amusement ride shall submit to the division a certificate of
19compliance on a form prescribed by the division, which shall
20include the following:
21(1) The legal name and address of the owner and his or her
22representative, if any, and the primary place of business of the
23owner.
24(2) A description of, the name of the manufacturer of, and, if
25given by the manufacturer, the serial number and model number
26of, the permanent
amusement ride.
27(3) A written declaration, executed by a qualified safety
28inspector, stating that, within the preceding 12-month period, the
29permanent amusement ride was inspected by the qualified safety
30inspector and that the permanent amusement ride is in material
31conformance withbegin delete the requirements ofend delete this section and all
32applicable rules and regulations adopted by the division and
33standards board.
34(b) The owner of multiple permanent amusement rides at a
35single site may submit a single certificate of compliance that
36provides the information required by subdivision (a) for each
37permanent amusement ride at that site.
38(c) A certificate of compliance shall not be required until one
39year following the promulgation of any rules or
regulations by the
40division governing the submission of the certificates.
P199 1(d) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert operate a permanent amusement ride
2thatbegin delete has beenend deletebegin insert wasend insert inspected by a qualified safety inspector or
3division inspector and found to bebegin delete unsafe,end deletebegin insert unsafeend insert unless all
4necessary
repairs or modifications, or both, to the ride have been
5completed and certified as completed by a qualified safety
6inspector.
7(e) For the purposes of satisfying this section, a qualified safety
8inspector shall meet the requirements in subdivision (c) of Section
97921 and shall be certified by the division.begin delete Eachend deletebegin insert Aend insert qualified safety
10inspector shall be recertified every two years following his or her
11initial certification. A qualified safety inspector may be an
12in-house, full-time safety inspector of the owner of the permanent
13amusement ride, an employee or agent of the insurance underwriter
14or insurance broker of the permanent amusement ride, an employee
15or agent of the manufacturer of the amusement ride, or an
16independent consultant or contractor.
17(f) The owner of a permanent amusement ride shall maintain
18all of the records necessary to demonstrate that the requirements
19of this section have been met, including, but not limited to,
20employee training records, maintenance, repair, and inspection
21records for each permanent amusement ride, and records of
22accidents of which the operator has knowledge,begin delete resultingend deletebegin insert that
23resultedend insert from the failure, malfunction, or operation of a permanent
24amusementbegin delete ride, requiringend deletebegin insert ride and that requiredend insert medical service
25other than ordinary first aid, and shall makebegin delete themend deletebegin insert
those recordsend insert
26 available to a division inspector upon request. The owner shall
27make those records available for inspection by the division during
28normal business hours at the owner’s permanent place of business.
29Thebegin delete owner,end deletebegin insert
ownerend insert or representative of thebegin delete owner,end deletebegin insert ownerend insert may be
30present when the division inspects the records.begin delete In conjunction with begin insert Theend insert division shall conduct an inspection of the operation of
31an inspection of records conducted pursuant to this subdivision,
32theend delete
33begin delete the ridesend deletebegin insert each rideend insert at the permanent amusementbegin delete park.end deletebegin insert
park in
34conjunction with an inspection of records conducted pursuant to
35this subdivision, except that the division is not required to conduct
36an operational inspection of a ride pursuant to this subdivision if
37a qualified safety inspector employed by the division has already
38inspected the operation of that ride in connection with the execution
39of the current annual certificate of compliance pursuant to
40subdivision (a). end insert
P200 1(g) Upon receipt of a certificate of compliance, the division
2shall notify the owner of the permanent amusement ride or rides
3for which a certificate is submitted whether the certificate meets
4all the requirements of this section, and if not, what requirements
5must still be met.
6(h) The division shall, in addition to the annual inspection
7performed by the division pursuant to subdivision (f),
inspect the
8records for a permanent amusement ride or the ride, or both, under
9either of the following circumstances:
10(1) The division finds that the certificate of compliance
11submitted pursuant to this section for the ride is fraudulent.
12(2) The division determines, pursuant to regulations it has
13adopted, that a permanent amusement ride has a disproportionately
14high incidence of accidents required to be reported pursuant to
15Section 7925.
16(i) The division shall conduct its inspections with the least
17disruption to the normal operation of the permanent park.
begin insertSection 7929 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect all fees
20necessary to cover the costbegin insert to the divisionend insert of administering this
21part. Fees shall be charged to a person or entity receiving the
22division’s services as provided by thisbegin delete part or byend deletebegin insert part, as set out
23inend insert regulations adopted pursuant to this part,
including, but not
24limited to, approvals, determinations, certifications and
25recertifications, receipt and review of certificates, and inspections.
26In fixing the amount of these fees, the division may includebegin insert direct
27costs andend insert a reasonable percentage attributable to thebegin delete general costend delete
28begin insert indirect costsend insert of the division for administering this part.
29Notwithstanding Section 6103 of the Government Code, the
30division may collect these fees from the state or any county, city,
31district, or other political subdivision.
32(b) begin deleteEffective June 30, 2007, all end deletebegin insertAll
end insertfees collected pursuant to
33this section shall be deposited into thebegin delete Elevator Safety Accountend delete
34begin insert
Occupational Safety and Health Fundend insert to support the Permanent
35Amusement Ride Safety Inspection Program.begin delete All moneys in the
36Permanent Amusement Ride Safety Inspection Fund as of that
37date shall be transferred to the Elevator Safety Account to be used
38for the same purpose, and any outstanding liabilities and
39encumbrances of the fund shall become liabilities and
40encumbrances payable from the Elevator Safety Account.end delete
P201 1
(c) Whenever a person owning or having custody, management,
2or operation of a permanent amusement ride fails to pay any fee
3required under this part within 60 days after the date of notification
4by the division, the division shall assess a penalty equal to 100
5percent of the initial fee. For purposes of this section, the date of
6
the invoice fixing the fee shall be considered the date of
7notification.
begin insertSection 7991 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertTo obtain a license under Section 7990, and to renew
10begin delete such aend deletebegin insert thatend insert license, a person shall pass an oral and written
11examination given by the division. The division shall offerbegin delete suchend delete
12begin insert theend insert examination in Spanish, or any other language, when requested
13by the applicant. The division shall administerbegin delete suchend deletebegin insert
anend insert examination
14orally when requested by an applicant who cannot write.
15begin delete Application for such license shall cost fifteen dollars ($15), which Licenses shall be renewable every five
16is nonreturnable.end deletebegin delete years at begin insert years.end insert
17a fee of fifteen dollars ($15).end delete
18
(b) The division shall set a nonrefundable fee for processing
19applications for licenses required by Section 7990 and a fee for
20administering examinations under this section. In fixing the amount
21of these fees, the division may include direct costs and a reasonable
22percentage attributable to the indirect costs
of the division for
23administering this chapter. Those fees shall be deposited into the
24Occupational Safety and Health Fund.
begin insertSection 8001 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteA end deletebegin insertThe division shall charge a end insertfee sufficient to coverbegin insert the
27direct and indirectend insert costs ofbegin insert the division to administer theend insert
28 examination and certification of gas testers and safety
29representatives for tunnels andbegin delete mines, but not more than fifteen begin insert
mines.end insert Renewals shall
30dollars ($15) for original applications and fifteen dollars ($15) for
31renewals, may be charged by the division.end delete
32be made every five years.
begin insertSection 8002 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
All fees frombegin delete suchend delete applications shall be nonrefundable.
35begin delete Suchend deletebegin insert Thoseend insert fees shall bebegin delete paidend deletebegin insert depositedend insert into thebegin delete State Treasury by begin insert Occupational Safety
and
36the division to the credit of the Generalend delete
37Healthend insert
Fund.
begin insertSection 9021.6 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
39read:end insert
begin insert(a)end insertbegin insert end insertThe divisionbegin delete mayend deletebegin insert shallend insert charge a fee to each
2asbestos consultant and site surveillance technician who applies
3for certification pursuant to subdivision (b) of Section 9021.5 and
4Article 11 (commencing with Section 7180) of Chapter 9 of
5Division 3 of the Business and Professions Code. The fee shall be
6sufficient to cover thebegin delete division’s costend deletebegin insert
direct and indirect costs to
7the divisionend insert for administering the certification process, including
8preparation and administration of the examination. The fees
9collected shall be deposited in thebegin delete Asbestos Consultant Certification begin insert Occupational Safety and Health Fund.
10Account. Establishmentend delete
11Establishmentend insert of any fee pursuant to this section shall be
12accomplished through the regulatory process required by
13subdivision (b) of Section 9021.5.
14
(b) On the effective date of the measure adding this subdivision,
15any moneys in the Asbestos Training and Consultant Certification
16Fund and any assets, liabilities, revenues, expenditures, and
17
encumbrances of that fund shall be transferred to the Occupational
18Safety and Health Fund.
begin insertSection 9021.7 of the end insertbegin insertLabor Codeend insertbegin insert is repealed.end insert
(a) There is hereby created the Asbestos Training and
21Consultant Certification Fund, which shall consist of the Asbestos
22Training Approval Account and the Asbestos Consultant
23Certification Account. Moneys in the Asbestos Training Approval
24Account shall consist of the fees collected pursuant to Section
259021.9. Moneys in the Asbestos Consultant Certification Account
26shall consist of the fees collected pursuant to Section 9021.6.
27(b) Moneys in the Asbestos Training Approval Account shall
28be available, upon appropriation by the Legislature, for expenditure
29only for administering the training entity approval process provided
30for in Section 9021.9. Moneys in the Asbestos Consultant
31Certification Account shall be available, upon appropriation by
32the Legislature, only for administering the certification process
33provided for in Section 9021.6.
begin insertSection 9021.9 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
35read:end insert
(a) The division shall establish an advisory committee
37to develop and recommend by September 30, 1994, for action by
38the standards board in accordance with Section 142.3, specific
39requirements for hands-on, task-specific training programs for all
40craft employees who may be exposed to asbestos-containing
P203 1construction materials and all employees and supervisors involved
2in operations pertaining to asbestos cement pipe, as specified in
3subdivision (c) of Section 6501.8. The training programs shall
4include, but not be limited to, the following information:
5(1) The physical characteristics and health hazards of asbestos.
6(2) The types of asbestos cement pipe or
asbestos-containing
7construction materials an employee may encounter in his or her
8specific work assignments.
9(3) Safe practices and procedures for minimizing asbestos
10exposures from operations involving asbestos cement pipe or
11asbestos-containing construction materials.
12(4) A review of general industry and construction safety orders
13relating to asbestos exposure.
14(5) Hands-on instruction using pipe or other construction
15materials and the tools and equipment employees will use in the
16workplace.
17(b) The division shall approve training entities to conduct
18task-specific training programs that include the requirements
19prescribed by the standards board pursuant to this section for
20employees and supervisors involved in operations pertaining to
21asbestos cement
pipe or asbestos-containing construction materials.
22(c) The division shall charge a fee to each asbestos training
23entity approved by the division pursuant to subdivision (b). The
24fee shall be sufficient to cover the division’sbegin delete costend deletebegin insert
direct and
25indirect costsend insert for administering the approval process provided for
26in subdivision (b). The fees collected shall be deposited in the
27begin delete Asbestos Training Approval Account.end deletebegin insert Occupational Safety and
28Health Fund.end insert Establishment of any fee pursuant to this section
29shall be accomplished through the regulatory process required by
30subdivision (b) of Section 9021.5.
begin insertSection 422.92 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
32read:end insert
(a) Every state and local law enforcement agency in
34this state shall make available a brochure on hate crimes to victims
35of these crimes and the public.
36(b) The Department of Fair Employment and Housing shall
37provide existing brochures, making revisions as needed, to local
38law enforcement agencies upon request for reproduction and
39distribution to victims of hate crimes and other interested parties.
40In carrying out these responsibilities, the department shall consult
P204 1the Fair Employment and Housing Council, the Department of
2begin delete Justiceend deletebegin insert Justice,end insert and thebegin insert
Californiaend insert Victim Compensationbegin delete and Board.
3Government Claimsend delete
begin insertSection 600.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) It is a crime for any person to permit any dog which
6is owned, harbored, or controlled by him or her to cause injury to
7or the death of any guide, signal, or service dog, as defined by
8Section 54.1 of the Civil Code, while the guide, signal, or service
9dog is in discharge of its duties.
10(b) A violation of this section is an infraction punishable by a
11fine not to exceed two hundred fifty dollars ($250) if the injury or
12death to any guide, signal, or service dog is caused by the person’s
13failure to exercise ordinary care in the control of his or her dog.
14(c) A violation of this section is a misdemeanor if the injury or
15death to any guide, signal, or service dog is caused by the person’s
16reckless
disregard in the exercise of control over his or her dog,
17under circumstances that constitute such a departure from the
18conduct of a reasonable person as to be incompatible with a proper
19regard for the safety and life of any guide, signal, or service dog.
20A violation of this subdivision shall be punishable by imprisonment
21in a county jail not exceeding one year, or by a fine of not less
22than two thousand five hundred dollars ($2,500) nor more than
23five thousand dollars ($5,000), or both. The court shall consider
24the costs ordered pursuant to subdivision (d) when determining
25the amount of any fines.
26(d) In any case in which a defendant is convicted of a violation
27of this section, the defendant shall be ordered to make restitution
28to the person with a disability who has custody or ownership of
29the guide, signal, or service dog for any veterinary bills and
30replacement costs of the dog if it is disabled or killed, or other
31reasonable costs deemed
appropriate by the court. The costs
32ordered pursuant to this subdivision shall be paid prior to any fines.
33The person with the disability may apply for compensation by the
34California Victim Compensationbegin delete and Government Claimsend delete Board
35pursuant to Chapter 5 (commencing with Section 13950) of Part
364 of Division 3 of Title 2 of the Government Code, in an amount
37not to exceed ten thousand dollars ($10,000).
begin insertSection 600.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Any person who intentionally causes injury to or
40the death of any guide, signal, or service dog, as defined by Section
P205 154.1 of the Civil Code, while the dog is in discharge of its duties,
2is guilty of a misdemeanor, punishable by imprisonment in a county
3jail not exceeding one year, or by a fine not exceeding ten thousand
4dollars ($10,000), or by both a fine and imprisonment. The court
5shall consider the costs ordered pursuant to subdivision (b) when
6determining the amount of any fines.
7(b) In any case in which a defendant is convicted of a violation
8of this section, the defendant shall be ordered to make restitution
9to the person with a disability who has custody or ownership of
10the dog for any veterinary bills and replacement costs of the dog
11if it is
disabled or killed, or other reasonable costs deemed
12appropriate by the court. The costs ordered pursuant to this
13subdivision shall be paid prior to any fines. The person with the
14disability may apply for compensation by the California Victim
15Compensationbegin delete and Government Claimsend delete Board pursuant to Chapter
165 (commencing with Section 13950) of Part 4 of Division 3 of
17Title 2 of the Government Code, in an amount not to exceed ten
18thousand dollars ($10,000).
begin insertSection 851.8 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) In any case where a person has been arrested and
21no accusatory pleading has been filed, the person arrested may
22petition the law enforcement agency having jurisdiction over the
23offense to destroy its records of the arrest. A copy of the petition
24shall be served upon the prosecuting attorney of the county or city
25having jurisdiction over the offense. The law enforcement agency
26having jurisdiction over the offense, upon a determination that the
27person arrested is factually innocent, shall, with the concurrence
28of the prosecuting attorney, seal its arrest records, and the petition
29for relief under this section for three years from the date of the
30arrest and thereafter destroy its arrest records and the petition. The
31law enforcement agency having jurisdiction over the offense shall
32notify the Department of Justice, and any
law enforcement agency
33that arrested the petitioner or participated in the arrest of the
34petitioner for an offense for which the petitioner has been found
35factually innocent under this subdivision, of the sealing of the
36arrest records and the reason therefor. The Department of Justice
37and any law enforcement agency so notified shall forthwith seal
38their records of the arrest and the notice of sealing for three years
39from the date of the arrest, and thereafter destroy their records of
40the arrest and the notice of sealing. The law enforcement agency
P206 1having jurisdiction over the offense and the Department of Justice
2shall request the destruction of any records of the arrest which they
3have given to any local, state, or federal agency or to any other
4person or entity. Each agency, person, or entity within the State
5of California receiving the request shall destroy its records of the
6arrest and the request, unless otherwise provided in this section.
7(b) If, after receipt by both the law enforcement agency and the
8prosecuting attorney of a petition for relief under subdivision (a),
9the law enforcement agency and prosecuting attorney do not
10respond to the petition by accepting or denying the petition within
1160 days after the running of the relevant statute of limitations or
12within 60 days after receipt of the petition in cases where the statute
13of limitations has previously lapsed, then the petition shall be
14deemed to be denied. In any case where the petition of an arrestee
15to the law enforcement agency to have an arrest record destroyed
16is denied, petition may be made to the superior court that would
17have had territorial jurisdiction over the matter. A copy of the
18petition shall be served on the law enforcement agency and the
19prosecuting attorney of the county or city having jurisdiction over
20the offense at least 10 days prior to the hearing thereon. The
21prosecuting attorney and the law enforcement agency through the
22district attorney may
present evidence to the court at the hearing.
23Notwithstanding Section 1538.5 or 1539, any judicial determination
24of factual innocence made pursuant to this section may be heard
25and determined upon declarations, affidavits, police reports, or
26any other evidence submitted by the parties which is material,
27relevant, and reliable. A finding of factual innocence and an order
28for the sealing and destruction of records pursuant to this section
29shall not be made unless the court finds that no reasonable cause
30exists to believe that the arrestee committed the offense for which
31the arrest was made. In any court hearing to determine the factual
32innocence of a party, the initial burden of proof shall rest with the
33petitioner to show that no reasonable cause exists to believe that
34the arrestee committed the offense for which the arrest was made.
35If the court finds that this showing of no reasonable cause has been
36made by the petitioner, then the burden of proof shall shift to the
37respondent to show that a reasonable
cause exists to believe that
38the petitioner committed the offense for which the arrest was made.
39If the court finds the arrestee to be factually innocent of the charges
40for which the arrest was made, then the court shall order the law
P207 1enforcement agency having jurisdiction over the offense, the
2Department of Justice, and any law enforcement agency which
3arrested the petitioner or participated in the arrest of the petitioner
4for an offense for which the petitioner has been found factually
5innocent under this section to seal their records of the arrest and
6the court order to seal and destroy the records, for three years from
7the date of the arrest and thereafter to destroy their records of the
8arrest and the court order to seal and destroy those records. The
9court shall also order the law enforcement agency having
10jurisdiction over the offense and the Department of Justice to
11request the destruction of any records of the arrest which they have
12given to any local, state, or federal agency, person or entity.
Each
13state or local agency, person or entity within the State of California
14receiving such a request shall destroy its records of the arrest and
15the request to destroy the records, unless otherwise provided in
16this section. The court shall give to the petitioner a copy of any
17court order concerning the destruction of the arrest records.
18(c) In any case where a person has been arrested, and an
19accusatory pleading has been filed, but where no conviction has
20occurred, the defendant may, at any time after dismissal of the
21action, petition the court that dismissed the action for a finding
22that the defendant is factually innocent of the charges for which
23the arrest was made. A copy of the petition shall be served on the
24prosecuting attorney of the county or city in which the accusatory
25pleading was filed at least 10 days prior to the hearing on the
26petitioner’s factual innocence. The prosecuting attorney may
27present evidence to the court at the
hearing. The hearing shall be
28conducted as provided in subdivision (b). If the court finds the
29petitioner to be factually innocent of the charges for which the
30arrest was made, then the court shall grant the relief as provided
31in subdivision (b).
32(d) In any case where a person has been arrested and an
33accusatory pleading has been filed, but where no conviction has
34occurred, the court may, with the concurrence of the prosecuting
35attorney, grant the relief provided in subdivision (b) at the time of
36the dismissal of the accusatory pleading.
37(e) Whenever any person is acquitted of a charge and it appears
38to the judge presiding at the trial at which the acquittal occurred
39that the defendant was factually innocent of the charge, the judge
40may grant the relief provided in subdivision (b).
P208 1(f) In any case where a person who
has been arrested is granted
2relief pursuant to subdivision (a) or (b), the law enforcement agency
3having jurisdiction over the offense or court shall issue a written
4declaration to the arrestee stating that it is the determination of the
5law enforcement agency having jurisdiction over the offense or
6court that the arrestee is factually innocent of the charges for which
7the person was arrested and that the arrestee is thereby exonerated.
8Thereafter, the arrest shall be deemed not to have occurred and
9the person may answer accordingly any question relating to its
10occurrence.
11(g) The Department of Justice shall furnish forms to be utilized
12by persons applying for the destruction of their arrest records and
13for the written declaration that one person was found factually
14innocent under subdivisions (a) and (b).
15(h) Documentation of arrest records destroyed pursuant to
16subdivision (a),
(b), (c), (d), or (e) that are contained in
17investigative police reports shall bear the notation “Exonerated”
18whenever reference is made to the arrestee. The arrestee shall be
19notified in writing by the law enforcement agency having
20jurisdiction over the offense of the sealing and destruction of the
21arrest records pursuant to this section.
22(i) (1) Any finding that an arrestee is factually innocent pursuant
23to subdivision (a), (b), (c), (d), or (e) shall not be admissible as
24evidence in any action.
25(2) Notwithstanding paragraph (1), a finding that an arrestee is
26factually innocent pursuant to subdivisions (a) to (e), inclusive,
27shall be admissible as evidence at a hearing before the California
28Victim Compensationbegin delete and Government
Claimsend delete
29(j) Destruction of records of arrest pursuant to subdivision (a),
30(b), (c), (d), or (e) shall be accomplished by permanent obliteration
31of all entries or notations upon the records pertaining to the arrest,
32and the record shall be prepared again so that it appears that the
33arrest never occurred. However, where (1) the only entries on the
34record pertain to the arrest and (2) the record can be destroyed
35without necessarily affecting the destruction of other records, then
36the document constituting the record shall be physically destroyed.
37(k) No records shall be destroyed pursuant to subdivision (a),
38(b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil
39action against the peace officers or law enforcement jurisdiction
40which made the arrest or instituted the prosecution and if the
P209 1agency which is the custodian of the records has received a
certified
2copy of the complaint in the civil action, until the civil action has
3been resolved. Any records sealed pursuant to this section by the
4court in the civil actions, upon a showing of good cause, may be
5opened and submitted into evidence. The records shall be
6confidential and shall be available for inspection only by the court,
7jury, parties, counsel for the parties, and any other person
8authorized by the court. Immediately following the final resolution
9of the civil action, records subject to subdivision (a), (b), (c), (d),
10or (e) shall be sealed and destroyed pursuant to subdivision (a),
11(b), (c), (d), or (e).
12(l) For arrests occurring on or after January 1, 1981, and for
13accusatory pleadings filed on or after January 1, 1981, petitions
14for relief under this section may be filed up to two years from the
15date of the arrest or filing of the accusatory pleading, whichever
16is later. Until January 1, 1983, petitioners can file for relief
under
17this section for arrests which occurred or accusatory pleadings
18which were filed up to five years prior to the effective date of the
19statute. Any time restrictions on filing for relief under this section
20may be waived upon a showing of good cause by the petitioner
21and in the absence of prejudice.
22(m) Any relief which is available to a petitioner under this
23section for an arrest shall also be available for an arrest which has
24been deemed to be or described as a detention under Section 849.5
25or 851.6.
26(n) This section shall not apply to any offense which is classified
27as an infraction.
28(o) (1) This section shall be repealed on the effective date of a
29final judgment based on a claim under the California or United
30States Constitution holding that evidence that is relevant, reliable,
31and
material may not be considered for purposes of a judicial
32determination of factual innocence under this section. For purposes
33of this subdivision, a judgment by the appellate division of a
34superior court is a final judgment if it is published and if it is not
35reviewed on appeal by a court of appeal. A judgment of a court of
36appeal is a final judgment if it is published and if it is not reviewed
37by the California Supreme Court.
38(2) Any decision referred to in this subdivision shall be stayed
39pending appeal.
P210 1(3) If not otherwise appealed by a party to the action, any
2decision referred to in this subdivision which is a judgment by the
3appellate division of the superior court shall be appealed by the
4Attorney General.
5(p) A judgment of the court under subdivision (b), (c), (d), or
6(e) is subject to the following appeal
path:
7(1) In a felony case, appeal is to the court of appeal.
8(2) In a misdemeanor case, or in a case in which no accusatory
9pleading was filed, appeal is to the appellate division of the superior
10court.
begin insertSection 851.865 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
12read:end insert
(a) If a person has secured a declaration of factual
14innocence from the court pursuant to Section 851.8 or 851.86, the
15finding shall be sufficient grounds for payment of compensation
16for a claim made pursuant to Section 4900. Upon application by
17the person, the California Victim Compensationbegin delete and Government Board shall, without a hearing, recommend to the
18Claimsend delete
19Legislature that an appropriation be made and the claim paid
20pursuant to Section 4904.
21(b) If the declaration of factual innocence is granted pursuant
22to a stipulation of the prosecutor, the duty of the board to, without
23a hearing, recommend to the Legislature payment of the claim,
24shall
apply.
begin insertSection 987.9 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) In the trial of a capital case or a case under
27subdivision (a) of Section 190.05, the indigent defendant, through
28the defendant’s counsel, may request the court for funds for the
29specific payment of investigators, experts, and others for the
30preparation or presentation of the defense. The application for
31funds shall be by affidavit and shall specify that the funds are
32reasonably necessary for the preparation or presentation of the
33defense. The fact that an application has been made shall be
34confidential and the contents of the application shall be
35confidential. Upon receipt of an application, a judge of the court,
36other than the trial judge presiding over the case in question, shall
37rule on the reasonableness of the request and shall disburse an
38appropriate amount of money to the
defendant’s attorney. The
39ruling on the reasonableness of the request shall be made at an in
P211 1camera hearing. In making the ruling, the court shall be guided by
2the need to provide a complete and full defense for the defendant.
3(b) (1) The Controller shall not reimburse any county for costs
4that exceedbegin delete California Victim Compensation and Government begin insert Department of General Services’end insert standards for travel
5Claims Boardend delete
6and per diem expenses. The Controller may reimburse
7extraordinary costs in unusual cases if the county provides
8sufficient documentation of the need for those expenditures.
9(2) At the termination of the proceedings, the attorney shall
10furnish to the court a
complete accounting of all moneys received
11and disbursed pursuant to this section.
12(c) The Controller shall adopt regulations pursuant to Chapter
133.5 (commencing with Section 11340) of Part 1 of Division 3 of
14Title 2 of the Government Code, controlling reimbursements under
15this section. The regulations shall consider compensation for
16investigators, expert witnesses, and other expenses that may or
17may not be reimbursable pursuant to this section. Notwithstanding
18the provisions of Chapter 3.5 (commencing with Section 11340)
19of Part 1 of Division 3 of Title 2 of the Government Code, the
20Controller shall follow any regulations adopted until final approval
21by the Office of Administrative Law.
22(d) The confidentiality provided in this section shall not preclude
23any court from providing the Attorney General with access to
24documents protected by this section when the defendant raises an
25
issue on appeal or collateral review where the recorded portion of
26the record, created pursuant to this section, relates to the issue
27raised. When the defendant raises that issue, the funding records,
28or relevant portions thereof, shall be provided to the Attorney
29General at the Attorney General’s request. In this case, the
30documents shall remain under seal and their use shall be limited
31solely to the pending proceeding.
begin insertSection 1191.15 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
33read:end insert
(a) The court may permit the victim of any crime,
35his or her parent or guardian if the victim is a minor, or the next
36of kin of the victim if the victim has died, to file with the court a
37written, audiotaped, or videotaped statement, or statement stored
38on a CD-ROM, DVD, or any other recording medium acceptable
39to the court, expressing his or her views concerning the crime, the
40person responsible, and the need for restitution, in lieu of or in
P212 1addition to the person personally appearing at the time of judgment
2 and sentence. The court shall consider the statement filed with the
3court prior to imposing judgment and sentence.
4Whenever an audio or video statement or statement stored on a
5CD-ROM, DVD, or other medium is filed with the court, a written
6transcript of the statement shall
also be provided by the person
7filing the statement, and shall be made available as a public record
8of the court after the judgment and sentence have been imposed.
9(b) Whenever a written, audio, or video statement or statement
10stored on a CD-ROM, DVD, or other medium is filed with the
11court, it shall remain sealed until the time set for imposition of
12judgment and sentence except that the court, the probation officer,
13and counsel for the parties may view and listen to the statement
14not more than two court days prior to the date set for imposition
15of judgment and sentence.
16(c) A person or a court shall not permit any person to duplicate,
17copy, or reproduce by audio or visual means a statement submitted
18to the court under the provisions of this section.
19(d) Nothing in this section shall be construed to prohibit the
20
prosecutor from representing to the court the views of the victim,
21his or her parent or guardian, the next of kin, or the California
22Victim Compensationbegin delete and Government Claimsend delete
Board.
23(e) In the event the court permits an audio or video statement
24or statement stored on a CD-ROM, DVD, or other medium to be
25filed, the court shall not be responsible for providing any equipment
26or resources needed to assist the victim in preparing the statement.
begin insertSection 1191.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
28read:end insert
In providing notice to the victim pursuant to Section
301191.1, the probation officer shall also provide the victim with
31information concerning the victim’s right to civil recovery against
32the defendant, the requirement that the court order restitution for
33the victim, the victim’s right to receive a copy of the restitution
34order from the court and to enforce the restitution order as a civil
35judgment, the victim’s responsibility to furnish the probation
36department, district attorney, and court with information relevant
37to his or her losses, and the victim’s opportunity to be compensated
38from the Restitution Fund if eligible under Article 1 (commencing
39with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title
402 of the Government Code. This information shall be in the form
P213 1of written material prepared
by the Judicial Council in consultation
2with the California Victim Compensationbegin delete and Government Claimsend delete
3 Board, shall include the relevant sections of the Penal Code, and
4shall be provided to each victim for whom the probation officer
5has a current mailing address.
begin insertSection 1202.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
7read:end insert
(a) (1) It is the intent of the Legislature that a victim
9of crime who incurs an economic loss as a result of the commission
10of a crime shall receive restitution directly from a defendant
11convicted of that crime.
12(2) Upon a person being convicted of a crime in the State of
13California, the court shall order the defendant to pay a fine in the
14form of a penalty assessment in accordance with Section 1464.
15(3) The court, in addition to any other penalty provided or
16imposed under the law, shall order the defendant to pay both of
17the following:
18(A) A restitution fine in accordance with subdivision (b).
19(B) Restitution to the victim or victims, if any, in accordance
20with subdivision (f), which shall be enforceable as if the order
21were a civil judgment.
22(b) In every case where a person is convicted of a crime, the
23court shall impose a separate and additional restitution fine, unless
24it finds compelling and extraordinary reasons for not doing so and
25states those reasons on the record.
26(1) The restitution fine shall be set at the discretion of the court
27and commensurate with the seriousness of the offense. If the person
28is convicted of a felony, the fine shall not be less than two hundred
29forty dollars ($240) starting on January 1, 2012, two hundred eighty
30dollars ($280) starting on January 1, 2013, and three hundred
31dollars ($300) starting on January 1, 2014, and not more than ten
32thousand dollars ($10,000). If the
person is convicted of a
33misdemeanor, the fine shall not be less than one hundred twenty
34dollars ($120) starting on January 1, 2012, one hundred forty
35dollars ($140) starting on January 1, 2013, and one hundred fifty
36dollars ($150) starting on January 1, 2014, and not more than one
37thousand dollars ($1,000).
38(2) In setting a felony restitution fine, the court may determine
39the amount of the fine as the product of the minimum fine pursuant
40to paragraph (1) multiplied by the number of years of imprisonment
P214 1the defendant is ordered to serve, multiplied by the number of
2felony counts of which the defendant is convicted.
3(c) The court shall impose the restitution fine unless it finds
4compelling and extraordinary reasons for not doing so and states
5those reasons on the record. A defendant’s inability to pay shall
6not be considered a compelling and extraordinary reason not to
7impose a
restitution fine. Inability to pay may be considered only
8in increasing the amount of the restitution fine in excess of the
9minimum fine pursuant to paragraph (1) of subdivision (b). The
10court may specify that funds confiscated at the time of the
11defendant’s arrest, except for funds confiscated pursuant to Section
1211469 of the Health and Safety Code, be applied to the restitution
13fine if the funds are not exempt for spousal or child support or
14subject to any other legal exemption.
15(d) In setting the amount of the fine pursuant to subdivision (b)
16in excess of the minimum fine pursuant to paragraph (1) of
17subdivision (b), the court shall consider any relevant factors,
18including, but not limited to, the defendant’s inability to pay, the
19seriousness and gravity of the offense and the circumstances of its
20commission, any economic gain derived by the defendant as a
21result of the crime, the extent to which any other person suffered
22losses as a result
of the crime, and the number of victims involved
23in the crime. Those losses may include pecuniary losses to the
24victim or his or her dependents as well as intangible losses, such
25as psychological harm caused by the crime. Consideration of a
26defendant’s inability to pay may include his or her future earning
27capacity. A defendant shall bear the burden of demonstrating his
28or her inability to pay. Express findings by the court as to the
29factors bearing on the amount of the fine shall not be required. A
30separate hearing for the fine shall not be required.
31(e) The restitution fine shall not be subject to penalty
32assessments authorized in Section 1464 or Chapter 12
33(commencing with Section 76000) of Title 8 of the Government
34Code, or the state surcharge authorized in Section 1465.7, and
35shall be deposited in the Restitution Fund in the State Treasury.
36(f) Except as provided in
subdivisions (q) and (r), in every case
37in which a victim has suffered economic loss as a result of the
38defendant’s conduct, the court shall require that the defendant
39make restitution to the victim or victims in an amount established
40by court order, based on the amount of loss claimed by the victim
P215 1or victims or any other showing to the court. If the amount of loss
2cannot be ascertained at the time of sentencing, the restitution
3order shall include a provision that the amount shall be determined
4at the direction of the court. The court shall order full restitution
5unless it finds compelling and extraordinary reasons for not doing
6so and states them on the record. The court may specify that funds
7confiscated at the time of the defendant’s arrest, except for funds
8confiscated pursuant to Section 11469 of the Health and Safety
9Code, be applied to the restitution order if the funds are not exempt
10for spousal or child support or subject to any other legal exemption.
11(1) The defendant has the right to a hearing before a judge to
12dispute the determination of the amount of restitution. The court
13may modify the amount, on its own motion or on the motion of
14the district attorney, the victim or victims, or the defendant. If a
15motion is made for modification of a restitution order, the victim
16shall be notified of that motion at least 10 days prior to the
17proceeding held to decide the motion. A victim at a restitution
18hearing or modification hearing described in this paragraph may
19testify by live, two-way audio and video transmission, if testimony
20by live, two-way audio and video transmission is available at the
21court.
22(2) Determination of the amount of restitution ordered pursuant
23to this subdivision shall not be affected by the indemnification or
24subrogation rights of a third party. Restitution ordered pursuant to
25this subdivision shall be ordered to be
deposited to the Restitution
26Fund to the extent that the victim, as defined in subdivision (k),
27has received assistance from the California Victim Compensation
28begin delete and Government Claimsend delete Board pursuant to Chapter 5 (commencing
29with Section 13950) of Part 4 of Division 3 of Title 2 of the
30Government Code.
31(3) To the extent possible, the restitution order shall be prepared
32by the sentencing court, shall identify each victim and each loss
33to which it pertains, and shall be of a dollar amount that is sufficient
34to fully reimburse the victim or victims for every determined
35economic loss incurred as the result of the defendant’s criminal
36conduct, including, but not limited to, all of the following:
37(A) Full or partial payment for the value of stolen or damaged
38property. The value of stolen or damaged property
shall be the
39replacement cost of like property, or the actual cost of repairing
40the property when repair is possible.
P216 1(B) Medical expenses.
2(C) Mental health counseling expenses.
3(D) Wages or profits lost due to injury incurred by the victim,
4and if the victim is a minor, wages or profits lost by the minor’s
5parent, parents, guardian, or guardians, while caring for the injured
6minor. Lost wages shall include commission income as well as
7base wages. Commission income shall be established by evidence
8of commission income during the 12-month period prior to the
9date of the crime for which restitution is being ordered, unless
10good cause for a shorter time period is shown.
11(E) Wages or profits lost by the victim, and if the victim is a
12minor, wages or
profits lost by the minor’s parent, parents,
13guardian, or guardians, due to time spent as a witness or in assisting
14the police or prosecution. Lost wages shall include commission
15income as well as base wages. Commission income shall be
16established by evidence of commission income during the
1712-month period prior to the date of the crime for which restitution
18is being ordered, unless good cause for a shorter time period is
19shown.
20(F) Noneconomic losses, including, but not limited to,
21psychological harm, for felony violations of Section 288.
22(G) Interest, at the rate of 10 percent per annum, that accrues
23as of the date of sentencing or loss, as determined by the court.
24(H) Actual and reasonable attorney’s fees and other costs of
25collection accrued by a private entity on behalf of the victim.
26(I) Expenses incurred by an adult victim in relocating away
27from the defendant, including, but not limited to, deposits for
28utilities and telephone service, deposits for rental housing,
29temporary lodging and food expenses, clothing, and personal items.
30Expenses incurred pursuant to this section shall be verified by law
31enforcement to be necessary for the personal safety of the victim
32or by a mental health treatment provider to be necessary for the
33emotional well-being of the victim.
34(J) Expenses to install or increase residential security incurred
35related to a violent felony, as defined in subdivision (c) of Section
36667.5, including, but not limited to, a home security device or
37system, or replacing or increasing the number of locks.
38(K) Expenses to retrofit a residence or vehicle, or both, to make
39the residence
accessible to or the vehicle operational by the victim,
P217 1if the victim is permanently disabled, whether the disability is
2partial or total, as a direct result of the crime.
3(L) Expenses for a period of time reasonably necessary to make
4the victim whole, for the costs to monitor the credit report of, and
5for the costs to repair the credit of, a victim of identity theft, as
6defined in Section 530.5.
7(4) (A) If, as a result of the defendant’s conduct, the Restitution
8Fund has provided assistance to or on behalf of a victim or
9derivative victim pursuant to Chapter 5 (commencing with Section
1013950) of Part 4 of Division 3 of Title 2 of the Government Code,
11the amount of assistance provided shall be presumed to be a direct
12result of the defendant’s criminal conduct and shall be included
13in the amount of the restitution ordered.
14(B) The amount of assistance provided by the Restitution Fund
15shall be established by copies of bills submitted to the California
16Victim Compensationbegin delete and Government Claimsend delete Board reflecting
17the amount paid by the board and whether the services for which
18payment was made were for medical or dental expenses, funeral
19or burial expenses, mental health counseling, wage or support
20losses, or rehabilitation. Certified copies of these bills provided
21by the board and redacted to protect the privacy and safety of the
22victim or any legal privilege, together with a statement made under
23penalty of perjury by the custodian of records that those bills were
24submitted to and were paid by the board, shall be sufficient to meet
25this requirement.
26(C) If the defendant offers evidence to rebut the presumption
27established by
this paragraph, the court may release additional
28information contained in the records of the board to the defendant
29only after reviewing that information in camera and finding that
30the information is necessary for the defendant to dispute the amount
31of the restitution order.
32(5) Except as provided in paragraph (6), in any case in which
33an order may be entered pursuant to this subdivision, the defendant
34shall prepare and file a disclosure identifying all assets, income,
35and liabilities in which the defendant held or controlled a present
36or future interest as of the date of the defendant’s arrest for the
37crime for which restitution may be ordered. The financial disclosure
38statements shall be made available to the victim and the board
39pursuant to Section 1214. The disclosure shall be signed by the
40defendant upon a form approved or adopted by the Judicial Council
P218 1for the purpose of facilitating the disclosure. A defendant who
2willfully states as
true a material matter that he or she knows to
3be false on the disclosure required by this subdivision is guilty of
4a misdemeanor, unless this conduct is punishable as perjury or
5another provision of law provides for a greater penalty.
6(6) A defendant who fails to file the financial disclosure required
7in paragraph (5), but who has filed a financial affidavit or financial
8information pursuant to subdivision (c) of Section 987, shall be
9deemed to have waived the confidentiality of that affidavit or
10financial information as to a victim in whose favor the order of
11restitution is entered pursuant to subdivision (f). The affidavit or
12information shall serve in lieu of the financial disclosure required
13in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
14apply.
15(7) Except as provided in paragraph (6), the defendant shall file
16the disclosure with the clerk of the court no
later than the date set
17for the defendant’s sentencing, unless otherwise directed by the
18court. The disclosure may be inspected or copied as provided by
19subdivision (b), (c), or (d) of Section 1203.05.
20(8) In its discretion, the court may relieve the defendant of the
21duty under paragraph (7) of filing with the clerk by requiring that
22the defendant’s disclosure be submitted as an attachment to, and
23be available to, those authorized to receive the following:
24(A) A report submitted pursuant to subparagraph (C) of
25paragraph (2) of subdivision (b) of Section 1203 or subdivision
26(g) of Section 1203.
27(B) A stipulation submitted pursuant to paragraph (4) of
28subdivision (b) of Section 1203.
29(C) A report by the probation officer, or information submitted
30by the
defendant applying for a conditional sentence pursuant to
31subdivision (d) of Section 1203.
32(9) The court may consider a defendant’s unreasonable failure
33to make a complete disclosure pursuant to paragraph (5) as any of
34the following:
35(A) A circumstance in aggravation of the crime in imposing a
36term under subdivision (b) of Section 1170.
37(B) A factor indicating that the interests of justice would not be
38served by admitting the defendant to probation under Section 1203.
P219 1(C) A factor indicating that the interests of justice would not be
2served by conditionally sentencing the defendant under Section
31203.
4(D) A factor indicating that the interests of justice would not
5be served by imposing
less than the maximum fine and sentence
6fixed by law for the case.
7(10) A defendant’s failure or refusal to make the required
8disclosure pursuant to paragraph (5) shall not delay entry of an
9order of restitution or pronouncement of sentence. In appropriate
10cases, the court may do any of the following:
11(A) Require the defendant to be examined by the district attorney
12pursuant to subdivision (h).
13(B) If sentencing the defendant under Section 1170, provide
14that the victim shall receive a copy of the portion of the probation
15report filed pursuant to Section 1203.10 concerning the defendant’s
16employment, occupation, finances, and liabilities.
17(C) If sentencing the defendant under Section 1203, set a date
18and place for submission of the disclosure required by
paragraph
19(5) as a condition of probation or suspended sentence.
20(11) If a defendant has any remaining unpaid balance on a
21restitution order or fine 120 days prior to his or her scheduled
22release from probation or 120 days prior to his or her completion
23of a conditional sentence, the defendant shall prepare and file a
24new and updated financial disclosure identifying all assets, income,
25and liabilities in which the defendant holds or controls or has held
26or controlled a present or future interest during the defendant’s
27period of probation or conditional sentence. The financial
28disclosure shall be made available to the victim and the board
29pursuant to Section 1214. The disclosure shall be signed and
30prepared by the defendant on the same form as described in
31paragraph (5). A defendant who willfully states as true a material
32matter that he or she knows to be false on the disclosure required
33by this subdivision is guilty of a misdemeanor, unless
this conduct
34is punishable as perjury or another provision of law provides for
35a greater penalty. The financial disclosure required by this
36paragraph shall be filed with the clerk of the court no later than
3790 days prior to the defendant’s scheduled release from probation
38or completion of the defendant’s conditional sentence.
39(12) In cases where an employer is convicted of a crime against
40an employee, a payment to the employee or the employee’s
P220 1dependent that is made by the employer’s workers’ compensation
2insurance carrier shall not be used to offset the amount of the
3restitution order unless the court finds that the defendant
4substantially met the obligation to pay premiums for that insurance
5coverage.
6(g) The court shall order full restitution unless it finds
7compelling and extraordinary reasons for not doing so and states
8those reasons on the record. A defendant’s inability to
pay shall
9not be considered a compelling and extraordinary reason not to
10impose a restitution order, nor shall inability to pay be a
11consideration in determining the amount of a restitution order.
12(h) The district attorney may request an order of examination
13pursuant to the procedures specified in Article 2 (commencing
14with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
152 of the Code of Civil Procedure, in order to determine the
16defendant’s financial assets for purposes of collecting on the
17restitution order.
18(i) A restitution order imposed pursuant to subdivision (f) shall
19be enforceable as if the order were a civil judgment.
20(j) The making of a restitution order pursuant to subdivision (f)
21shall not affect the right of a victim to recovery from the Restitution
22Fund as otherwise provided by law,
except to the extent that
23restitution is actually collected pursuant to the order. Restitution
24collected pursuant to this subdivision shall be credited to any other
25judgments for the same losses obtained against the defendant
26arising out of the crime for which the defendant was convicted.
27(k) For purposes of this section, “victim” shall include all of
28the following:
29(1) The immediate surviving family of the actual victim.
30(2) A corporation, business trust, estate, trust, partnership,
31association, joint venture, government, governmental subdivision,
32agency, or instrumentality, or any other legal or commercial entity
33when that entity is a direct victim of a crime.
34(3) A person who has sustained economic loss as the result of
35a crime and who satisfies any
of the following conditions:
36(A) At the time of the crime was the parent, grandparent, sibling,
37spouse, child, or grandchild of the victim.
38(B) At the time of the crime was living in the household of the
39victim.
P221 1(C) At the time of the crime was a person who had previously
2lived in the household of the victim for a period of not less than
3two years in a relationship substantially similar to a relationship
4listed in subparagraph (A).
5(D) Is another family member of the victim, including, but not
6limited to, the victim’s fiancé or fiancée, and who witnessed the
7crime.
8(E) Is the primary caretaker of a minor victim.
9(4) A person
who is eligible to receive assistance from the
10Restitution Fund pursuant to Chapter 5 (commencing with Section
1113950) of Part 4 of Division 3 of Title 2 of the Government Code.
12(5) A governmental entity that is responsible for repairing,
13replacing, or restoring public or privately owned property that has
14been defaced with graffiti or other inscribed material, as defined
15in subdivision (e) of Section 594, and that has sustained an
16economic loss as the result of a violation of Section 594, 594.3,
17594.4, 640.5, 640.6, or 640.7.
18(l) At its discretion, the board of supervisors of a county may
19impose a fee to cover the actual administrative cost of collecting
20the restitution fine, not to exceed 10 percent of the amount ordered
21to be paid, to be added to the restitution fine and included in the
22order of the court, the proceeds of which shall be deposited in the
23general fund of the
county.
24(m) In every case in which the defendant is granted probation,
25the court shall make the payment of restitution fines and orders
26imposed pursuant to this section a condition of probation. Any
27portion of a restitution order that remains unsatisfied after a
28defendant is no longer on probation shall continue to be enforceable
29by a victim pursuant to Section 1214 until the obligation is
30satisfied.
31(n) If the court finds and states on the record compelling and
32extraordinary reasons why a restitution fine or full restitution order
33should not be required, the court shall order, as a condition of
34probation, that the defendant perform specified community service,
35unless it finds and states on the record compelling and
36extraordinary reasons not to require community service in addition
37to the finding that restitution should not be required. Upon
38revocation of probation, the court
shall impose restitution pursuant
39to this section.
P222 1(o) The provisions of Section 13963 of the Government Code
2shall apply to restitution imposed pursuant to this section.
3(p) The court clerk shall notify the California Victim
4Compensationbegin delete and Government Claimsend delete Board within 90 days of
5an order of restitution being imposed if the defendant is ordered
6to pay restitution to the board due to the victim receiving
7compensation from the Restitution Fund. Notification shall be
8accomplished by mailing a copy of the court order to the board,
9which may be done periodically by bulk mail or email.
10(q) Upon conviction for a violation of Section 236.1, the court
11shall, in addition to any other penalty or restitution, order the
12defendant to pay
restitution to the victim in a case in which a victim
13has suffered economic loss as a result of the defendant’s conduct.
14The court shall require that the defendant make restitution to the
15victim or victims in an amount established by court order, based
16on the amount of loss claimed by the victim or victims or another
17showing to the court. In determining restitution pursuant to this
18section, the court shall base its order upon the greater of the
19following: the gross value of the victim’s labor or services based
20upon the comparable value of similar services in the labor market
21in which the offense occurred, or the value of the victim’s labor
22as guaranteed under California law, or the actual income derived
23by the defendant from the victim’s labor or services or any other
24appropriate means to provide reparations to the victim.
25(r) (1) In addition to any other penalty or fine, the court shall
26order a person who has been
convicted of a violation of Section
27350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
28or audiovisual work to make restitution to an owner or lawful
29producer, or trade association acting on behalf of the owner or
30lawful producer, of a phonograph record, disc, wire, tape, film, or
31other device or article from which sounds or visual images are
32derived that suffered economic loss resulting from the violation.
33The order of restitution shall be based on the aggregate wholesale
34value of lawfully manufactured and authorized devices or articles
35from which sounds or visual images are devised corresponding to
36the number of nonconforming devices or articles involved in the
37offense, unless a higher value can be proved in the case of (A) an
38unreleased audio work, or (B) an audiovisual work that, at the time
39of unauthorized distribution, has not been made available in copies
40for sale to the general public in the United States on a digital
P223 1versatile disc. For purposes of this subdivision, possession of
2
nonconforming devices or articles intended for sale constitutes
3actual economic loss to an owner or lawful producer in the form
4of displaced legitimate wholesale purchases. The order of
5restitution shall also include reasonable costs incurred as a result
6of an investigation of the violation undertaken by the owner, lawful
7producer, or trade association acting on behalf of the owner or
8lawful producer. “Aggregate wholesale value” means the average
9wholesale value of lawfully manufactured and authorized sound
10or audiovisual recordings. Proof of the specific wholesale value
11of each nonconforming device or article is not required.
12(2) As used in this subdivision, “audiovisual work” and
13“recording” shall have the same meaning as in Section 653w.
begin insertSection 1202.41 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
15read:end insert
(a) (1) Notwithstanding Section 977 or any other
17law, if a defendant is currently incarcerated in a state prison with
18two-way audiovideo communication capability, the Department
19of Corrections, at the request of the California Victim
20Compensationbegin delete and Government Claimsend delete Board, may collaborate
21with a court in any county to arrange for a hearing to impose or
22amend a restitution order, if the victim has received assistance
23pursuant to Article 5 (commencing with Section 13959) of Chapter
245 of Part 4 of Division 3 of Title 2 of the Government Code, to be
25conducted by two-way electronic audiovideo communication
26between the defendant and the courtroom in lieu of the defendant’s
27physical
presence in the courtroom, provided the county has agreed
28to make the necessary equipment available.
29(2) Nothing in this subdivision shall be interpreted to eliminate
30the authority of the court to issue an order requiring the defendant
31to be physically present in the courtroom in those cases where the
32court finds circumstances that require the physical presence of the
33defendant in the courtroom.
34(3) In lieu of the physical presence of the defendant’s counsel
35at the institution with the defendant, the court and the Department
36of Corrections shall establish a confidential telephone and facsimile
37transmission line between the court and the institution for
38communication between the defendant’s counsel in court and the
39defendant at the institution. In this case, counsel for the defendant
40shall not be required to be physically present at the institution
P224 1during the hearing via electronic
audiovideo communication.
2Nothing in this subdivision shall be construed to prohibit the
3physical presence of the defense counsel with the defendant at the
4state prison.
5(b) If an inmate who is not incarcerated in a state prison with
6two-way audiovideo communication capability or ward does not
7waive his or her right to attend a restitution hearing for the
8amendment of a restitution order, the California Victim
9Compensationbegin delete and Government Claimsend delete Board shall determine if
10the cost of holding the hearing is justified. If the board determines
11that the cost of holding the hearing is not justified, the amendment
12of the restitution order affecting that inmate or ward shall not be
13pursued at that time.
14(c) Nothing in this section shall be construed to prohibit an
15individual or district attorney’s office
from independently pursuing
16the imposition or amendment of a restitution order that may result
17in a hearing, regardless of whether the victim has received
18assistance pursuant to Article 1 (commencing with Section 13959)
19of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
20Code.
begin insertSection 1214 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) If the judgment is for a fine, including a restitution
23fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
24Section 1203.04 as operative on or before August 2, 1995, or
25Section 13967 of the Government Code, as operative on or before
26September 28, 1994, with or without imprisonment, or a diversion
27restitution fee ordered pursuant to Section 1001.90, the judgment
28may be enforced in the manner provided for the enforcement of
29money judgments generally. Any portion of a restitution fine or
30restitution fee that remains unsatisfied after a defendant is no longer
31on probation, parole, postrelease community supervision pursuant
32to Section 3451, or mandatory supervision pursuant to
33subparagraph (B) of paragraph (5) of subdivision (h) of Section
341170, after a term in custody pursuant to subparagraph (A) of
35paragraph (5)
of subdivision (h) of Section 1170, or after
36completing diversion is enforceable by the California Victim
37Compensationbegin delete and Government Claimsend delete Board pursuant to this
38section. Notwithstanding any other provision of law prohibiting
39disclosure, the state, as defined in Section 900.6 of the Government
40Code, a local public entity, as defined in Section 900.4 of the
P225 1Government Code, or any other entity, may provide the California
2Victim Compensationbegin delete and Government Claimsend delete Board any and all
3information to assist in the collection of unpaid portions of a
4restitution fine for terminated probation or parole cases, or of a
5restitution fee for completed diversion cases. For purposes of the
6preceding sentence, “state, as defined in Section 900.6 of the
7Government Code,” and “any other entity” shall not include the
8Franchise Tax Board. A local collection
program may continue to
9collect restitution fines and restitution orders once a defendant is
10no longer on probation, postrelease community supervision, or
11mandatory supervision or after a term in custody pursuant to
12subparagraph (A) of paragraph (5) of subdivision (h) of Section
131170.
14(b) In any case in which a defendant is ordered to pay restitution,
15the order to pay restitution (1) is deemed a money judgment if the
16defendant was informed of his or her right to have a judicial
17determination of the amount and was provided with a hearing,
18waived a hearing, or stipulated to the amount of the restitution
19ordered, and (2) shall be fully enforceable by a victim as if the
20restitution order were a civil judgment, and enforceable in the same
21manner as is provided for the enforcement of any other money
22judgment. Upon the victim’s request, the court shall provide the
23victim in whose favor the order of restitution is entered with a
24certified copy of that
order and a copy of the defendant’s disclosure
25pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
26affidavit or information pursuant to paragraph (6) of subdivision
27(f) of Section 1202.4, or report pursuant to paragraph (8) of
28subdivision (f) of Section 1202.4. The court also shall provide this
29information to the district attorney upon request in connection with
30an investigation or prosecution involving perjury or the veracity
31of the information contained within the defendant’s financial
32disclosure. In addition, upon request, the court shall provide the
33California Victim Compensationbegin delete and Government Claimsend delete Board
34with a certified copy of any order imposing a restitution fine or
35order and a copy of the defendant’s disclosure pursuant to
36paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
37information pursuant to paragraph (6) of subdivision (f) of Section
381202.4, or report pursuant to paragraph (8) of
subdivision (f) of
39Section 1202.4. A victim shall have access to all resources available
40under the law to enforce the restitution order, including, but not
P226 1limited to, access to the defendant’s financial records, use of wage
2garnishment and lien procedures, information regarding the
3defendant’s assets, and the ability to apply for restitution from any
4fund established for the purpose of compensating victims in civil
5cases. Any portion of a restitution order that remains unsatisfied
6after a defendant is no longer on probation, parole, postrelease
7community supervision under Section 3451, or mandatory
8supervision imposed pursuant to subparagraph (B) of paragraph
9(5) of subdivision (h) of Section 1170 or after a term in custody
10pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
11of Section 1170 is enforceable by the victim pursuant to this
12section. Victims and the California Victim Compensationbegin delete and
Board shall inform the court whenever an
13Government Claimsend delete
14order to pay restitution is satisfied. A local collection program may
15continue to enforce victim restitution orders once a defendant is
16no longer on probation, postrelease community supervision, or
17mandatory supervision or after completion of a term in custody
18pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
19of Section 1170.
20(c) A defendant who owes a restitution fine, a restitution order,
21or any portion thereof, and who is released from the custody of a
22county jail facility after a term in custody pursuant to subparagraph
23(A) of paragraph (5) of subdivision (h) of Section 1170 shall have
24a continuing obligation to pay the restitution fine or restitution
25order in full.
26(d) Except as provided in subdivision (d), and notwithstanding
27the amount in controversy limitation of Section 85 of the Code of
28Civil
Procedure, a restitution order or restitution fine that was
29imposed pursuant to Section 1202.4 in any of the following cases
30may be enforced in the same manner as a money judgment in a
31limited civil case:
32(1) In a misdemeanor case.
33(2) In a case involving violation of a city or town ordinance.
34(3) In a noncapital criminal case where the court has received
35a plea of guilty or nolo contendere.
36(e) Chapter 3 (commencing with Section 683.010) of Division
371 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
38to any of the following:
39(1) A judgment for court-ordered fines, forfeitures, penalties,
40fees, or assessments.
P227 1(2) A restitution fine or restitution order imposed pursuant to
2Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
3operative on or before August 2, 1995, or Section 13967 of the
4Government Code, as operative on or before September 28, 1994.
5(3) A diversion restitution fee ordered pursuant to Section
61001.90.
begin insertSection 1463.02 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
8read:end insert
(a) On or before June 30, 2011, the Judicial Council
10shall establish a task force to evaluate criminal and traffic-related
11court-ordered debts imposed against adult and juvenile offenders.
12The task force shall be comprised of the following members:
13(1) Two members appointed by the California State Association
14of Counties.
15(2) Two members appointed by the League of California Cities.
16(3) Two court executives, two judges, and two Administrative
17Office of the Courts employees appointed by the Judicial Council.
18(4) One member appointed by the Controller.
19(5) One member appointed by the Franchise Tax Board.
20(6) One member appointed by the California Victim
21Compensationbegin delete and Government Claimsend delete
Board.
22(7) One member appointed by the Department of Corrections
23and Rehabilitation.
24(8) One member appointed by the Department of Finance.
25(9) One member appointed by each house of the Legislature.
26(10) A county public defender and a city attorney appointed by
27the Speaker of the Assembly.
28(11) A defense attorney in private practice and a district attorney
29appointed by the Senate Committee on Rules.
30(b) The Judicial Council shall designate a chairperson for the
31task force. The task force shall, among other duties, do all of the
32following:
33(1) Identify all criminal and traffic-related court-ordered fees,
34fines, forfeitures, penalties, and assessments imposed under law.
35(2) Identify the distribution of revenue derived from those debts
36and the expenditures made by those entities that benefit from the
37revenues.
38(3) Consult with state and local entities that would be affected
39by a simplification and consolidation of criminal and traffic-related
40court-ordered debts.
P228 1(4) Evaluate and make recommendations to the Judicial Council
2and the Legislature for consolidating and simplifying the imposition
3of criminal and traffic-related court-ordered debts and the
4distribution of the revenue derived from those debts with the goal
5of improving the process for those entities that benefit from the
6revenues, and recommendations, if any, for adjustment to the
7
court-ordered debts.
8(c) The task force also shall document recent annual revenues
9from the various penalty assessments and surcharges and, to the
10extent feasible, evaluate the extent to which the amount of each
11penalty assessment and surcharge impacts total annual revenues,
12imposition of criminal sentences, and the actual amounts assessed.
13(d) The task force also shall evaluate and make
14recommendations to the Judicial Council and the Legislature on
15or before June 30, 2011, regarding the priority in which
16court-ordered debts should be satisfied and the use of
17comprehensive collection programs authorized pursuant to Section
181463.007, including associated cost-recovery practices.
begin insertSection 1485.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
20read:end insert
(a) If the district attorney or Attorney General
22stipulates to or does not contest the factual allegations underlying
23one or more of the grounds for granting a writ of habeas corpus
24or a motion to vacate a judgment, the facts underlying the basis
25for the court’s ruling or order shall be binding on the Attorney
26General, the factfinder, and the California Victim Compensation
27begin delete and Government Claimsend delete
Board.
28(b) The district attorney shall provide notice to the Attorney
29General prior to entering into a stipulation of facts that will be the
30basis for the granting of a writ of habeas corpus or a motion to
31vacate a judgment.
32(c) The express factual findings made by the court, including
33credibility determinations, in considering a petition for habeas
34corpus, a motion to vacate judgment pursuant to Section 1473.6,
35or an application for a certificate of factual innocence, shall be
36binding on the Attorney General, the factfinder, and the California
37Victim Compensationbegin delete and Government Claimsend delete Board.
38(d) For the purposes of this section, “express factual findings”
39are findings established as the basis for the court’s ruling
or order.
P229 1(e) For purposes of this section, “court” is defined as a state or
2federal court.
begin insertSection 1485.55 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
4read:end insert
(a) In a contested proceeding, if the court grants a
6writ of habeas corpus concerning a person who is unlawfully
7imprisoned or restrained, or when, pursuant to Section 1473.6, the
8court vacates a judgment on the basis of new evidence concerning
9a person who is no longer unlawfully imprisoned or restrained,
10and if the court finds that new evidence on the petition points
11unerringly to innocence, that finding shall be binding on the
12California Victim Compensationbegin delete and
Government Claimsend delete
13for a claim presented to the board, and upon application by the
14person, the board shall, without a hearing, recommend to the
15Legislature that an appropriation be made and the claim paid
16pursuant to Section 4904.
17(b) If the court grants a writ of habeas corpus concerning a
18person who is unlawfully imprisoned or restrained on any ground
19other than new evidence that points unerringly to innocence or
20actual innocence, the petitioner may move for a finding of
21innocence by a preponderance of the evidence that the crime with
22which he or she was charged was either not committed at all or,
23if committed, was not committed by him or her.
24(c) If the court vacates a judgment pursuant to Section 1473.6,
25on any ground other than new evidence that points unerringly to
26innocence or actual innocence, the petitioner may move for a
27finding of innocence by a
preponderance of the evidence that the
28crime with which he or she was charged was either not committed
29at all or, if committed, was not committed by him or her.
30(d) If the court makes a finding that the petitioner has proven
31his or her innocence by a preponderance of the evidence pursuant
32to subdivision (b) or (c), the board shall, without a hearing,
33recommend to the Legislature that an appropriation be made and
34the claim paid pursuant to Section 4904.
35(e) No presumption shall exist in any other proceeding for failure
36to make a motion or obtain a favorable ruling pursuant to
37subdivision (b) or (c).
38(f) If a federal court, after granting a writ of habeas corpus,
39pursuant to a nonstatutory motion or request, finds a petitioner
40innocent by no less than a preponderance of the evidence that the
P230 1crime with which he or she
was charged was either not committed
2at all or, if committed, was not committed by him or her, the board
3shall, without a hearing, recommend to the Legislature that an
4appropriation be made and the claim paid pursuant to Section 4904.
5(g) For the purposes of this section, “new evidence” means
6evidence that was not available or known at the time of trial that
7completely undermines the prosecution case and points unerringly
8to innocence.
begin insertSection 1557 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) This section shall apply when this state or a city,
11county, or city and county employs a person to travel to a foreign
12jurisdiction outside this state for the express purpose of returning
13a fugitive from justice to this state when the Governor of this state,
14in the exercise of the authority conferred by Section 2 of Article
15IV of the United States Constitution, or by the laws of this state,
16has demanded the surrender of the fugitive from the executive
17authority of any state of the United States, or of any foreign
18government.
19(b) Upon the approval of the Governor, thebegin delete Stateend delete Controller
20shall audit and pay out of the State Treasury as
provided in
21subdivision (c) or (d) the accounts of the person employed to bring
22back the fugitive, including any money paid by that person for all
23of the following:
24(1) Money paid to the authorities of a sister state for statutory
25fees in connection with the detention and surrender of the fugitive.
26(2) Money paid to the authorities of the sister state for the
27subsistence of the fugitive while detained by the sister state without
28payment of which the authorities of the sister state refuse to
29surrender the fugitive.
30(3) Where it is necessary to present witnesses or evidence in
31the sister state, without which the sister state would not surrender
32the fugitive, the cost of producing the witnesses or evidence in the
33sister state.
34(4) Where the appearance of
witnesses has been authorized in
35advance by the Governor, who may authorize the appearance in
36unusual cases where the interests of justice would be served, the
37cost of producing witnesses to appear in the sister state on behalf
38of the fugitive in opposition to his or her extradition.
39(c) No amount shall be paid out of the State Treasury to a city,
40county, or city and county except as follows:
P231 1(1) When a warrant has been issued by any magistrate after the
2filing of a complaint or the finding of an indictment and its
3presentation to the court and filing by the clerk, and the person
4named therein as defendant is a fugitive from justice who has been
5found and arrested in any state of the United States or in any
6foreign government, the county auditor shall draw his or her
7warrant and the county treasurer shall pay to the person designated
8to return the fugitive, the amount of expenses
estimated by the
9district attorney to be incurred in the return of the fugitive.
10(2) If the person designated to return the fugitive is a city officer,
11the city officer authorized to draw warrants on the city treasury
12shall draw his or her warrant and the city treasurer shall pay to that
13person the amount of expenses estimated by the district attorney
14to be incurred in the return of the fugitive.
15(3) The person designated to return the fugitive shall make no
16disbursements from any funds advanced without a receipt being
17obtained therefor showing the amount, the purpose for which the
18sum is expended, the place, the date, and to whom paid.
19(4) A receipt obtained pursuant to paragraph (3) shall be filed
20by the person designated to return the fugitive with the county
21auditor or appropriate city officer orbegin delete Stateend deletebegin insert
theend insert
Controller, as the
22case may be, together with an affidavit by the person that the
23expenditures represented by the receipts were necessarily made in
24the performance of duty, and when the advance has been made by
25the county or city treasurer to the person designated to return the
26fugitive, and has thereafter been audited by thebegin delete Stateend delete Controller,
27the payment thereof shall be made by the State Treasurer to the
28county or city treasury that has advanced the funds.
29(5) In every case where the expenses of the person employed
30to bring back the fugitive as provided in this section, are less than
31the amount advanced on the recommendation of the district
32attorney, the person employed to bring back the fugitive shall
33return to the county or city treasurer, as appropriate, the difference
34in amount between the aggregate amount of receipts so filed by
35him or
her, as herein employed, and the amount advanced to the
36person upon the recommendation of the district attorney.
37(6) When no advance has been made to the person designated
38to return the fugitive, the sums expended by him or her, when
39audited by thebegin delete Stateend delete Controller, shall be paid by the State Treasurer
40to the person so designated.
P232 1(7) Any payments made out of the State Treasury pursuant to
2this section shall be made from appropriations for the fiscal year
3in which those payments are made.
4(d) Payments to state agencies will be made in accord with the
5rules of thebegin delete California Victim Compensation and Government begin insert
Department of General Services.end insert No city, county,
6Claims Board.end delete
7or other jurisdiction may file, and the state may not reimburse, a
8claim pursuant to this section that is presented to the Department
9of Corrections and Rehabilitation or to any other agency or
10department of the state more than six months after the close of the
11month in which the costs were incurred.
begin insertSection 2085.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
13read:end insert
(a) In any case in which a prisoner owes a restitution
15fine imposed pursuant to subdivision (a) of Section 13967 of the
16Government Code, as operative prior to September 29, 1994,
17subdivision (b) of Section 730.6 of the Welfare and Institutions
18Code, or subdivision (b) of Section 1202.4, the Secretary of the
19Department of Corrections and Rehabilitation shall deduct a
20minimum of 20 percent or the balance owing on the fine amount,
21whichever is less, up to a maximum of 50 percent from the wages
22and trust account deposits of a prisoner, unless prohibited by
23federal law, and shall transfer that amount to the California Victim
24Compensationbegin delete and Government Claimsend delete Board for deposit in the
25Restitution Fund in the State Treasury. The amount deducted
shall
26be credited against the amount owing on the fine. The sentencing
27court shall be provided a record of the payments.
28(b) (1) When a prisoner is punished by imprisonment in a
29county jail pursuant to subdivision (h) of Section 1170, in any case
30in which a prisoner owes a restitution fine imposed pursuant to
31subdivision (a) of Section 13967 of the Government Code, as
32operative prior to September 29, 1994, subdivision (b) of Section
33730.6 of the Welfare and Institutions Code, or subdivision (b) of
34Section 1202.4, the agency designated by the board of supervisors
35in the county where the prisoner is incarcerated is authorized to
36deduct a minimum of 20 percent or the balance owing on the fine
37amount, whichever is less, up to a maximum of 50 percent from
38the county jail equivalent of wages and trust account deposits of
39a prisoner, unless prohibited by federal law, and shall transfer that
40amount to the California Victim
Compensationbegin delete and Government
Board for deposit in the Restitution Fund in the State
P233 1Claimsend delete
2Treasury. The amount deducted shall be credited against the
3amount owing on the fine. The sentencing court shall be provided
4a record of the payments.
5(2) If the board of supervisors designates the county sheriff as
6the collecting agency, the board of supervisors shall first obtain
7the concurrence of the county sheriff.
8(c) In any case in which a prisoner owes a restitution order
9imposed pursuant to subdivision (c) of Section 13967 of the
10Government Code, as operative prior to September 29, 1994,
11subdivision (h) of Section 730.6 of the Welfare and Institutions
12Code, or subdivision (f) of Section 1202.4, the Secretary of the
13Department of Corrections and Rehabilitation shall deduct a
14minimum of 20 percent or the balance owing on the order amount,
15whichever is less, up to a maximum of 50 percent from the wages
16
and trust account deposits of a prisoner, unless prohibited by
17federal law. The secretary shall transfer that amount to the
18California Victim Compensationbegin delete and Government Claimsend delete Board
19for direct payment to the victim, or payment shall be made to the
20Restitution Fund to the extent that the victim has received
21assistance pursuant to that program. The sentencing court shall be
22provided a record of the payments made to victims and of the
23payments deposited to the Restitution Fund pursuant to this
24subdivision.
25(d) When a prisoner is punished by imprisonment in a county
26jail pursuant to subdivision (h) of Section 1170, in any case in
27which a prisoner owes a restitution order imposed pursuant to
28subdivision (c) of Section 13967 of the Government Code, as
29operative prior to September 29, 1994, subdivision (h) of Section
30730.6 of the Welfare and Institutions Code, or
subdivision (b) of
31Section 1202.4, the agency designated by the board of supervisors
32in the county where the prisoner is incarcerated is authorized to
33deduct a minimum of 20 percent or the balance owing on the order
34amount, whichever is less, up to a maximum of 50 percent from
35the county jail equivalent of wages and trust account deposits of
36a prisoner, unless prohibited by federal law. The agency shall
37transfer that amount to the California Victim Compensationbegin delete and Board for direct payment to the victim, or
38Government Claimsend delete
39payment shall be made to the Restitution Fund to the extent that
40the victim has received assistance pursuant to that program, or
P234 1may pay the victim directly. The sentencing court shall be provided
2a record of the payments made to the victims and of the payments
3deposited to the Restitution Fund pursuant to this subdivision.
4(e) The secretary
shall deduct and retain from the wages and
5trust account deposits of a prisoner, unless prohibited by federal
6law, an administrative fee that totals 10 percent of any amount
7transferred to the California Victim Compensationbegin delete and Government
8
Claimsend delete
9shall deduct and retain from any prisoner settlement or trial award,
10an administrative fee that totals 5 percent of any amount paid from
11the settlement or award to satisfy an outstanding restitution order
12or fine pursuant to subdivision (n), unless prohibited by federal
13law. The secretary shall deposit the administrative fee moneys in
14a special deposit account for reimbursing administrative and
15support costs of the restitution program of the Department of
16Corrections and Rehabilitation. The secretary, at his or her
17discretion, may retain any excess funds in the special deposit
18account for future reimbursement of the department’s
19administrative and support costs for the restitution program or may
20transfer all or part of the excess funds for deposit in the Restitution
21Fund.
22(f) When a prisoner is punished by imprisonment in a county
23jail pursuant to subdivision (h) of Section
1170, the agency
24designated by the board of supervisors in the county where the
25prisoner is incarcerated is authorized to deduct and retain from the
26county jail equivalent of wages and trust account deposits of a
27prisoner, unless prohibited by federal law, an administrative fee
28that totals 10 percent of any amount transferred to the California
29Victim Compensationbegin delete and Government Claimsend delete Board pursuant to
30subdivision (b) or (d). The agency is authorized to deduct and
31retain from a prisoner settlement or trial award an administrative
32fee that totals 5 percent of any amount paid from the settlement
33or award to satisfy an outstanding restitution order or fine pursuant
34to subdivision (n), unless prohibited by federal law. Upon release
35from custody pursuant to subdivision (h) of Section 1170, the
36agency is authorized to charge a fee to cover the actual
37administrative cost of collection, not to exceed 10 percent of the
38total amount
collected. The agency shall deposit the administrative
39fee moneys in a special deposit account for reimbursing
40administrative and support costs of the restitution program of the
P235 1agency. The agency is authorized to retain any excess funds in the
2special deposit account for future reimbursement of the agency’s
3administrative and support costs for the restitution program or may
4transfer all or part of the excess funds for deposit in the Restitution
5Fund.
6(g) In any case in which a parolee owes a restitution fine
7imposed pursuant to subdivision (a) of Section 13967 of the
8Government Code, as operative prior to September 29, 1994,
9subdivision (b) of Section 730.6 of the Welfare and Institutions
10Code, or subdivision (b) of Section 1202.4, the secretary, or, when
11a prisoner is punished by imprisonment in a county jail pursuant
12to subdivision (h) of Section 1170, the agency designated by the
13board of supervisors in the county where the prisoner is
14
incarcerated, may collect from the parolee or, pursuant to Section
152085.6, from a person previously imprisoned in county jail any
16moneys owing on the restitution fine amount, unless prohibited
17by federal law. The secretary or the agency shall transfer that
18amount to the California Victim Compensationbegin delete and Government Board for deposit in the Restitution Fund in the State
19Claimsend delete
20Treasury. The amount deducted shall be credited against the
21amount owing on the fine. The sentencing court shall be provided
22a record of the payments.
23(h) In any case in which a parolee owes a direct order of
24restitution, imposed pursuant to subdivision (c) of Section 13967
25of the Government Code, as operative prior to September 29, 1994,
26subdivision (h) of Section 730.6 of the Welfare and Institutions
27Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
28secretary, or, when a
prisoner is punished by imprisonment in a
29county jail pursuant to subdivision (h) of Section 1170, the agency
30designated by the board of supervisors in the county where the
31prisoner is incarcerated or a local collection program, may collect
32from the parolee or, pursuant to Section 2085.6, from a person
33previously imprisoned in county jail any moneys owing, unless
34prohibited by federal law. The secretary or the agency shall transfer
35that amount to the California Victim Compensationbegin delete and Board for direct payment to the victim, or
36Government Claimsend delete
37payment shall be made to the Restitution Fund to the extent that
38the victim has received assistance pursuant to that program, or the
39agency may pay the victim directly. The sentencing court shall be
P236 1provided a record of the payments made by the offender pursuant
2to this subdivision.
3(i) The secretary, or, when a prisoner
is punished by
4imprisonment in a county jail pursuant to subdivision (h) of Section
51170, the agency designated by the board of supervisors in the
6county where the prisoner is incarcerated, may deduct and retain
7from moneys collected from parolees or persons previously
8imprisoned in county jail an administrative fee that totals 10 percent
9of any amount transferred to the California Victim Compensation
10begin delete and Government Claimsend delete Board pursuant to subdivision (g) or (h),
11unless prohibited by federal law. The secretary shall deduct and
12retain from any settlement or trial award of a parolee an
13administrative fee that totals 5 percent of an amount paid from the
14settlement or award to satisfy an outstanding restitution order or
15fine pursuant to subdivision (n), unless prohibited by federal law.
16The agency is authorized to deduct and retain from any settlement
17or trial award of a person previously imprisoned in county jail an
18
administrative fee that totals 5 percent of any amount paid from
19the settlement or award to satisfy an outstanding restitution order
20or fine pursuant to subdivision (n). The secretary or the agency
21shall deposit the administrative fee moneys in a special deposit
22account for reimbursing administrative and support costs of the
23restitution program of the Department of Corrections and
24Rehabilitation or the agency, as applicable. The secretary, at his
25or her discretion, or the agency may retain any excess funds in the
26special deposit account for future reimbursement of the
27department’s or agency’s administrative and support costs for the
28restitution program or may transfer all or part of the excess funds
29for deposit in the Restitution Fund.
30(j) When a prisoner has both a restitution fine and a restitution
31order from the sentencing court, the Department of Corrections
32and Rehabilitation shall collect the restitution order first pursuant
33to
subdivision (c).
34(k) When a prisoner is punished by imprisonment in a county
35jail pursuant to subdivision (h) of Section 1170 and that prisoner
36has both a restitution fine and a restitution order from the
37sentencing court, if the agency designated by the board of
38supervisors in the county where the prisoner is incarcerated collects
39the fine and order, the agency shall collect the restitution order
40first pursuant to subdivision (d).
P237 1(l) When a parolee has both a restitution fine and a restitution
2order from the sentencing court, the Department of Corrections
3and Rehabilitation, or, when the prisoner is punished by
4imprisonment in a county jail pursuant to subdivision (h) of Section
51170, the agency designated by the board of supervisors in the
6county where the prisoner is incarcerated, may collect the
7restitution order first, pursuant to subdivision (h).
8(m) If an inmate is housed at an institution that requires food
9to be purchased from the institution canteen for unsupervised
10overnight visits, and if the money for the purchase of this food is
11received from funds other than the inmate’s wages, that money
12shall be exempt from restitution deductions. This exemption shall
13apply to the actual amount spent on food for the visit up to a
14maximum of fifty dollars ($50) for visits that include the inmate
15and one visitor, seventy dollars ($70) for visits that include the
16inmate and two or three visitors, and eighty dollars ($80) for visits
17that include the inmate and four or more visitors.
18(n) Compensatory or punitive damages awarded by trial or
19settlement to any inmate, parolee, person placed on postrelease
20community supervision pursuant to Section 3451, or defendant on
21mandatory supervision imposed pursuant to subparagraph (B) of
22paragraph
(5) of subdivision (h) of Section 1170, in connection
23with a civil action brought against a federal, state, or local jail,
24prison, or correctional facility, or any official or agent thereof,
25shall be paid directly, after payment of reasonable attorney’s fees
26and litigation costs approved by the court, to satisfy any
27outstanding restitution orders or restitution fines against that
28person. The balance of the award shall be forwarded to the payee
29after full payment of all outstanding restitution orders and
30restitution fines, subject to subdivisions (e) and (i). The Department
31of Corrections and Rehabilitation shall make all reasonable efforts
32to notify the victims of the crime for which that person was
33convicted concerning the pending payment of any compensatory
34or punitive damages. For any prisoner punished by imprisonment
35in a county jail pursuant to subdivision (h) of Section 1170, the
36agency is authorized to make all reasonable efforts to notify the
37victims of the crime for which that person was convicted
38
concerning the pending payment of any compensatory or punitive
39damages.
P238 1(o) (1) Amounts transferred to the California Victim
2Compensationbegin delete and Government Claimsend delete Board for payment of
3direct orders of restitution shall be paid to the victim within 60
4days from the date the restitution revenues are received by the
5California Victim Compensationbegin delete and Government Claimsend delete Board.
6If the restitution payment to a victim is less than twenty-five dollars
7($25), then payment need not be forwarded to that victim until the
8payment reaches twenty-five dollars ($25) or when the victim
9requests payment of the lesser amount.
10(2) If a victim cannot be located, the restitution revenues
11received by the California
Victim Compensationbegin delete and Government
12
Claimsend delete
13Restitution Fund until the end of the state fiscal year subsequent
14to the state fiscal year in which the funds were deposited or until
15the time that the victim has provided current address information,
16whichever occurs sooner. Amounts remaining in trust at the end
17of the specified period of time shall revert to the Restitution Fund.
18(3) (A) A victim failing to provide a current address within the
19period of time specified in paragraph (2) may provide
20documentation to the Department of Corrections and Rehabilitation,
21which shall verify that moneys were collected on behalf of the
22victim. Upon receipt of that verified information from the
23Department of Corrections and Rehabilitation, the California
24Victim Compensationbegin delete and Government Claimsend delete Board shall transmit
25the
restitution revenues to the victim in accordance with the
26provisions of subdivision (c) or (h).
27(B) A victim failing to provide a current address within the
28period of time specified in paragraph (2) may provide
29documentation to the agency designated by the board of supervisors
30in the county where the prisoner punished by imprisonment in a
31county jail pursuant to subdivision (h) of Section 1170 is
32incarcerated, which may verify that moneys were collected on
33behalf of the victim. Upon receipt of that verified information from
34the agency, the California Victim Compensationbegin delete and Government Board shall transmit the restitution revenues to the victim
35Claimsend delete
36in accordance with the provisions of subdivision (d) or (h).
begin insertSection 2085.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
38read:end insert
(a) When a prisoner who owes a restitution fine, or
40any portion thereof, is subsequently released from the custody of
P239 1the Department of Corrections and Rehabilitation or a county jail
2facility, and is subject to postrelease community supervision under
3Section 3451 or mandatory supervision under subdivision (h) of
4Section 1170, he or she shall have a continuing obligation to pay
5the restitution fine in full. The restitution fine obligation and any
6portion left unsatisfied upon placement in postrelease community
7supervision or mandatory supervision is enforceable and may be
8collected, in a manner to be established by the county board of
9supervisors, by the department or county agency designated by
10the board of supervisors in the county where the prisoner is
11released. If a county elects to collect restitution fines, the
12
department or county agency designated by the county board of
13supervisors shall transfer the amount collected to the California
14Victim Compensationbegin delete and Government Claimsend delete Board for deposit
15in the Restitution Fund in the State Treasury.
16(b) When a prisoner who owes payment for a restitution order,
17or any portion thereof, is released from the custody of the
18Department of Corrections and Rehabilitation or a county jail
19facility, and is subject to postrelease community supervision under
20Section 3451 or mandatory supervision under subdivision (h) of
21Section 1170, he or she shall have a continuing obligation to pay
22the restitution order in full. The restitution order obligation and
23any portion left unsatisfied upon placement in postrelease
24community supervision or mandatory supervision is enforceable
25and may be collected, in a manner to be established by the county
26
board of supervisors, by the agency designated by the county board
27of supervisors in the county where the prisoner is released. If the
28county elects to collect the restitution order, the agency designated
29by the county board of supervisors for collection shall transfer the
30collected amount to the California Victim Compensationbegin delete and for deposit in the Restitution Fund in
31Government Claims Boardend delete
32the State Treasury or may pay the victim directly. The sentencing
33court shall be provided a record of payments made to the victim
34and of the payments deposited into the Restitution Fund.
35(c) Any portion of a restitution order or restitution fine that
36remains unsatisfied after an individual is released from postrelease
37community supervision or mandatory supervision shall continue
38to be enforceable by a victim pursuant to Section 1214 until the
39obligation is satisfied.
P240 1(d) At its discretion, a county board of supervisors may impose
2a fee upon the individual subject to postrelease community
3supervision or mandatory supervision to cover the actual
4administrative cost of collecting the restitution fine and the
5restitution order, not to exceed 10 percent of the amount collected,
6the proceeds of which shall be deposited into the general fund of
7the county.
8(e) If a county elects to collect both a restitution fine and a
9restitution order, the amount owed on the restitution order shall
10be collected before the restitution fine.
11(f) If a county elects to collect restitution fines and restitution
12orders pursuant to this section, the county shall coordinate efforts
13with the Franchise Tax Board pursuant to Section 19280 of the
14Revenue and Taxation Code.
15(g) Pursuant to Section 1214, the county agency selected by a
16county board of supervisors to collect restitution fines and
17restitution orders may collect restitution fines and restitution orders
18after an individual is no longer on postrelease community
19supervision or mandatory supervision or after a term in custody
20pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
21of Section 1170.
22(h) For purposes of this section, the following definitions shall
23apply:
24(1) “Restitution fine” means a fine imposed pursuant to
25subdivision (a) of Section 13967 of the Government Code, as
26operative prior to September 29, 1994, subdivision (b) of Section
27730.6 of the Welfare and Institutions Code, or subdivision (b) of
28Section 1202.4.
29(2) “Restitution order” means an
order for restitution to the
30victim of a crime imposed pursuant to subdivision (c) of Section
3113967 of the Government Code, as operative prior to September
3229, 1994, subdivision (h) of Section 730.6 of the Welfare and
33Institutions Code, or subdivision (f) of Section 1202.4.
begin insertSection 2786 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
All money received pursuant to this article in the Inmate
36Welfare Fund of the Department of Corrections and Rehabilitation
37is hereby appropriated for educational, recreational, and other
38purposes described in Section 5006 at the various prison camps
39established under this article and shall be expended by the secretary
40upon warrants drawn upon the State Treasury by the Controller
P241 1after approval of the claims by thebegin delete California Victim Compensation begin insert Department of General Services.end insert
2and Government Claims Board.end delete
3 It is the intent of the Legislature that moneys in this fund only be
4expended on services other than those that the department is
5required to provide to
inmates.
begin insertSection 4900 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Any person who, having been convicted of any crime
8against the state amounting to a felony and imprisoned in the state
9prison or incarcerated in county jail pursuant to subdivision (h) of
10Section 1170 for that conviction, is granted a pardon by the
11Governor for the reason that the crime with which he or she was
12charged was either not committed at all or, if committed, was not
13committed by him or her, or who, being innocent of the crime with
14which he or she was charged for either of the foregoing reasons,
15shall have served the term or any part thereof for which he or she
16was imprisoned in state prison or incarcerated in county jail, may,
17under the conditions provided under this chapter, present a claim
18against the state to the California Victim Compensationbegin delete and
Board for the pecuniary injury sustained by
19Government Claimsend delete
20him or her through the erroneous conviction and imprisonment or
21incarceration.
begin insertSection 4901 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) A claim under Section 4900, accompanied by a
24statement of the facts constituting the claim, verified in the manner
25provided for the verification of complaints in civil actions, is
26required to be presented by the claimant to the California Victim
27Compensationbegin delete and Government Claimsend delete Board within a period of
28two years after judgment of acquittal or after pardon granted, or
29after release from custody, and no claim not so presented shall be
30considered by the California Victim Compensationbegin delete and Board.
31Government Claimsend delete
32(b) For purposes of subdivision (a), “release from custody”
33means release from
imprisonment from state prison or from
34incarceration in county jail when there is no subsequent parole
35jurisdiction exercised by the Department of Correction and
36Rehabilitation or postrelease jurisdiction under a community
37corrections program, or when there is a parole period or postrelease
38period subject to jurisdiction of a community corrections program,
39when that period ends.
P242 1(c) A person may not file a claim under Section 4900 until 60
2days have passed since the date of reversal of conviction or granting
3of the writ, or while the case is pending upon an initial refiling, or
4until a complaint or information has been dismissed a single time.
begin insertSection 4902 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) If the provisions of Section 851.865 or 1485.55 apply
7in any claim, the California Victim Compensationbegin delete and Government Board shall, within 30 days of the presentation of the claim,
8Claimsend delete
9calculate the compensation for the claimant pursuant to Section
104904 and recommend to the Legislature payment of that sum. As
11to any claim to which Section 851.865 or 1485.55 does not apply,
12the Attorney General shall respond to the claim within 60 days or
13request an extension of time, upon a showing of good cause.
14(b) Upon receipt of a response from the Attorney General, the
15board shall fix a time and place for the hearing of the claim, and
16shall mail notice thereof to the claimant and to the
Attorney
17General at least 15 days prior to the time fixed for the hearing. The
18board shall use reasonable diligence in setting the date for the
19hearing and shall attempt to set the date for the hearing at the
20earliest date convenient for the parties and the board.
21(c) If the time period for response elapses without a request for
22extension or a response from the Attorney General pursuant to
23subdivision (a), the board shall fix a time and place for the hearing
24of the claim, mail notice thereof to the claimant at least 15 days
25prior to the time fixed for the hearing, and make a recommendation
26based on the claimant’s verified claim and any evidence presented
27by him or her.
begin insertSection 4904 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
If the evidence shows that the crime with which the
30claimant was charged was either not committed at all, or, if
31committed, was not committed by the claimant, and that the
32claimant has sustained injury through his or her erroneous
33conviction and imprisonment, the California Victim Compensation
34begin delete and Government Claimsend delete Board shall report the facts of the case
35and its conclusions to the next Legislature, with a recommendation
36that the Legislature make an appropriation for the purpose of
37indemnifying the claimant for the injury. The amount of the
38appropriation recommended shall be a sum equivalent to one
39hundred forty dollars ($140) per day of incarceration served, and
40shall include any time spent in custody, including in a county jail,
P243 1that is considered to be part of
the term of incarceration. That
2appropriation shall not be treated as gross income to the recipient
3under the Revenue and Taxation Code.
begin insertSection 4905 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
The California Victim Compensationbegin delete and Government Board shall make up its report and recommendation and
6Claimsend delete
7shall give to the Controller a statement showing its
8recommendations for appropriations under this chapter, as provided
9by law in cases of other claimants against the state for which no
10appropriations have been made.
begin insertSection 4906 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
The California Victim Compensationbegin delete and Government Board is hereby authorized to make all needful rules and
13Claimsend delete
14regulations consistent with the law for the purpose of carrying into
15effect this chapter.
begin insertSection 11163 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
17read:end insert
(a) The Legislature finds and declares that even though
19the Legislature has provided for immunity from liability, pursuant
20to Section 11161.9, for persons required or authorized to report
21pursuant to this article, that immunity does not eliminate the
22possibility that actions may be brought against those persons based
23upon required reports of abuse pursuant to other laws.
24In order to further limit the financial hardship that those persons
25may incur as a result of fulfilling their legal responsibility, it is
26necessary that they not be unfairly burdened by legal fees incurred
27in defending those actions.
28(b) (1) Therefore, a health practitioner may present a
claim to
29thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Servicesend insert for reasonable attorney’s
30Boardend delete
31fees incurred in any action against that person on the basis of that
32person reporting in accordance with this article if the court
33dismisses the action upon a demurrer or motion for summary
34judgment made by that person or if that person prevails in the
35action.
36(2) Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert shall allow the
37Claims Boardend delete
38claim pursuant to paragraph (1) if the requirements of paragraph
39(1) are met, and the claim shall be paid from an appropriation to
40be made for that purpose. Attorney’s fees awarded pursuant to this
P244 1section shall not exceed an hourly rate greater than the rate charged
2by the Attorney General
at the time the award is made and shall
3not exceed an aggregate amount of fifty thousand dollars ($50,000).
4(3) This subdivision shall not apply if a public entity has
5provided for the defense of the action pursuant to Section 995 of
6the Government Code.
begin insertSection 11172 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
8read:end insert
(a) No mandated reporter shall be civilly or criminally
10liable for any report required or authorized by this article, and this
11immunity shall apply even if the mandated reporter acquired the
12knowledge or reasonable suspicion of child abuse or neglect outside
13of his or her professional capacity or outside the scope of his or
14her employment. Any other person reporting a known or suspected
15instance of child abuse or neglect shall not incur civil or criminal
16liability as a result of any report authorized by this article unless
17it can be proven that a false report was made and the person knew
18that the report was false or was made with reckless disregard of
19the truth or falsity of the report, and any person who makes a report
20of child abuse or neglect known to be false or with reckless
21disregard of the truth or falsity of the
report is liable for any
22damages caused. No person required to make a report pursuant to
23this article, nor any person taking photographs at his or her
24direction, shall incur any civil or criminal liability for taking
25photographs of a suspected victim of child abuse or neglect, or
26causing photographs to be taken of a suspected victim of child
27abuse or neglect, without parental consent, or for disseminating
28the photographs, images, or material with the reports required by
29this article. However, this section shall not be construed to grant
30immunity from this liability with respect to any other use of the
31photographs.
32(b) Any person, who, pursuant to a request from a government
33agency investigating a report of suspected child abuse or neglect,
34provides the requesting agency with access to the victim of a
35known or suspected instance of child abuse or neglect shall not
36incur civil or criminal liability as a result of providing that access.
37(c) Any commercial computer technician, and any employer of
38any commercial computer technician, who, pursuant to a warrant
39from a law enforcement agency investigating a report of suspected
40child abuse or neglect, provides the law enforcement agency with
P245 1a computer or computer component which contains possible
2evidence of a known or suspected instance of child abuse or
3neglect, shall not incur civil or criminal liability as a result of
4providing that computer or computer component to the law
5enforcement agency.
6(d) (1) The Legislature finds that even though it has provided
7immunity from liability to persons required or authorized to make
8reports pursuant to this article, that immunity does not eliminate
9the possibility that actions may be brought against those persons
10based upon required or authorized reports. In order to further limit
11the financial hardship that
those persons may incur as a result of
12fulfilling their legal responsibilities, it is necessary that they not
13be unfairly burdened by legal fees incurred in defending those
14actions. Therefore, a mandated reporter may present a claim to the
15begin delete California Victim Compensation and Government Claims Boardend delete
16begin insert Department of General Servicesend insert for reasonable attorney’s fees and
17costs incurred in any action against that person on the basis of
18making a report required or authorized by this article if the court
19has dismissed the action upon a demurrer or motion for summary
20judgment made by that person, or if he or she prevails in the action.
21Thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Servicesend insert shall allow that claim if
22Boardend delete
23the requirements of this subdivision are met, and the claim shall
24be paid from an appropriation to be made for that purpose.
25Attorney’s fees awarded pursuant to this section shall not exceed
26an hourly rate greater than the rate charged by the Attorney General
27of the State of California at the time the award is made and shall
28not exceed an aggregate amount of fifty thousand dollars ($50,000).
29(2) This subdivision shall not apply if a public entity has
30provided for the defense of the action pursuant to Section 995 of
31the Government Code.
32(e) A court may award attorney’s fees and costs to a commercial
33film and photographic print processor when a suit is brought against
34the processor because of a disclosure mandated by this article and
35the court finds this suit to be
frivolous.
begin insertSection 13835.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
37read:end insert
(a) Funds appropriated from the Victim-Witness
39Assistance Fund shall be made available through the Office of
40Emergency Services to any public or private nonprofit agency for
P246 1the assistance of victims and witnesses that meets all of the
2following requirements:
3(1) It provides comprehensive services to victims and witnesses
4of all types of crime. It is the intent of the Legislature to make
5funds available only to programs that do not restrict services to
6victims and witnesses of a particular type of crime, and do not
7restrict services to victims of crime in which there is a suspect in
8the case.
9(2) It is recognized by the board of supervisors as the major
10provider of comprehensive services to
victims and witnesses in
11the county.
12(3) It is selected by the board of supervisors as the agency to
13receive funds pursuant to this article.
14(4) It assists victims of crime in the preparation, verification,
15and presentation of their claims to the California Victim
16Compensationbegin delete and Government Claimsend delete Board for indemnification
17pursuant to Article 1 (commencing with Section 13959) of Part 4
18of Division 3 of Title 2 of the Government Code.
19(5) It cooperates with the California Victim Compensationbegin delete and Board in verifying the data required by Article
20Government Claimsend delete
211 (commencing with Section 13959) of Part 4 of Division 3 of
22Title 2 of the Government
Code.
23(b) The Office of Emergency Services shall consider the
24following factors, together with any other circumstances it deems
25appropriate, in awarding funds to public or private nonprofit
26agencies designated as victim and witness assistance centers:
27(1) The capability of the agency to provide comprehensive
28services as defined in this article.
29(2) The stated goals and objectives of the center.
30(3) The number of people to be served and the needs of the
31community.
32(4) Evidence of community support.
33(5) The organizational structure of the agency that will operate
34the center.
35(6) The capability of the agency to provide confidentiality of
36records.
begin insertSection 14030 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
38read:end insert
(a) The Attorney General shall establish a liaison with
40the United States Marshal’s office in order to facilitate the legal
P247 1processes over which the federal government has sole authority,
2including, but not limited to, those processes included in Section
314024. The liaison shall coordinate all requests for federal
4assistance relating to witness protection as established by this title.
5(b) The Attorney General shall pursue all federal sources that
6may be available for implementing this program. For that purpose,
7the Attorney General shall establish a liaison with the United States
8Department of Justice.
9(c) The Attorney General, with the California Victim
10
Compensationbegin delete and Government Claimsend delete
Board, shall establish
11procedures to maximize federal funds for witness protection
12services.
begin insertSection 216 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert
(a) For the purposes of this section “confined” means to
15be confined in a prison or facility under the jurisdiction of the
16Department of Corrections and Rehabilitation, or its Division of
17Juvenile Facilities, or confined in any county or city jail, road
18camp, industrial farm, or other local correctional facility.
19(b) The estate attorney, or if there is no estate attorney, the
20beneficiary, the personal representative, or the person in possession
21of property of the decedent shall give the Director of the California
22Victim Compensationbegin delete and Government Claimsend delete Board notice of a
23decedent’s death not later
than 90 days after the date of death in
24either of the following circumstances:
25(1) The deceased person has an heir or beneficiary who is
26confined.
27(2) The estate attorney, or if there is no estate attorney, the
28beneficiary, the personal representative, or the person in possession
29of property of the decedent, knows that an heir or beneficiary has
30previously been confined.
31(c) The notice shall be given as provided in Section 1215 and
32shall include all of the following:
33(1) The name, date of birth, and location of incarceration, or
34current address if no longer incarcerated, of the decedent’s heir or
35beneficiary.
36(2) The heir’s or beneficiary’s CDCR number if incarcerated
37in a Department of
Corrections and Rehabilitation facility or
38booking number if incarcerated in a county facility.
39(3) A copy of the decedent’s death certificate.
P248 1(4) The probate case number, and the name of the superior court
2hearing the case.
3(d) Nothing in this section shall be interpreted as requiring the
4estate attorney, the beneficiary, the personal representative, or the
5person in possession of property of the decedent to conduct an
6additional investigation to determine whether a decedent has an
7heir or beneficiary who has been confined in a prison or facility
8under the jurisdiction of the Department of Corrections and
9Rehabilitation, or its Division of Juvenile Facilities, or confined
10in any county or city jail, road camp, industrial farm, or other local
11correctional facility.
begin insertSection 9202 of the end insertbegin insertProbate Codeend insertbegin insert is amended to
13read:end insert
(a) Not later than 90 days after the date letters are first
15issued to a general personal representative, the general personal
16representative or estate attorney shall give the Director of Health
17Care Services notice of the decedent’s death in the manner provided
18in Section 215 if the general personal representative knows or has
19reason to believe that the decedent received health care under
20Chapter 7 (commencing with Section 14000) or Chapter 8
21(commencing with Section 14200) of Part 3 of Division 9 of the
22Welfare and Institutions Code, or was the surviving spouse of a
23person who received that health care. The director has four months
24after notice is given in which to file a claim.
25(b) Not later than 90 days after the date letters are first issued
26to a general
personal representative, the general personal
27representative or estate attorney shall give the Director of the
28California Victim Compensationbegin delete and Government Claimsend delete Board
29notice of the decedent’s death in the manner provided in Section
30216 if the general personal representative or estate attorney knows
31that an heir or beneficiary is or has previously been confined in a
32prison or facility under the jurisdiction of the Department of
33Corrections and Rehabilitation or confined in any county or city
34jail, road camp, industrial farm, or other local correctional facility.
35The director of the board shall have four months after that notice
36is received in which to pursue collection of any outstanding
37restitution fines or orders.
38(c) (1) Not later than 90 days after the date letters are first issued
39to a general personal representative, the general
personal
40representative or estate attorney shall give the Franchise Tax Board
P249 1notice of the administration of the estate. The notice shall be given
2as provided in Section 1215.
3(2) The provisions of this subdivision shall apply to estates for
4which letters are first issued on or after July 1, 2008.
5(d) Nothing in this section shall be interpreted as requiring the
6estate attorney, the beneficiary, the personal representative, or the
7person in possession of property of the decedent to conduct an
8additional investigation to determine whether a decedent has an
9heir or beneficiary who has been confined in a prison or facility
10under the jurisdiction of the Department of Corrections and
11Rehabilitation, or its Division of Juvenile Facilities, or confined
12in any county or city jail, road camp, industrial farm, or other local
13correctional facility.
begin insertSection 10301 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
15amended to read:end insert
Except in cases when the agency and the department
17agree that an article of a specified brand or trade name is the only
18article that will properly meet the needs of the agency, or in cases
19where thebegin delete State Board of Controlend deletebegin insert Department of General Servicesend insert
20 has made a determination pursuant to Section 10308, all contracts
21for the acquisition or lease of goods in an amount of twenty-five
22thousand dollars ($25,000), or a higher amount as established by
23the director, shall be made or entered into with the lowest
24responsible bidder meeting specifications.
25For purposes of determining
the lowest bid, the amount of sales
26tax shall be excluded from the total amount of the bid.
begin insertSection 10306 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
28amended to read:end insert
Whenever a contract or purchase order under this article
30is not to be awarded to the lowest bidder, the bidder shall be
31notified 24 hours prior to awarding the contract or purchase order
32to another bidder. Upon written request by any bidder who has
33submitted a bid, notice of the proposed award shall be posted in a
34public place in the offices of the department at least 24 hours prior
35to awarding the contract or purchase order. If prior to making the
36award, any bidder who has submitted a bid files a protest with the
37department against the awarding of the contract or purchase order
38on the ground that he or she is the lowest responsible bidder
39meeting specifications, the contract or purchase order shall not be
40awarded until either the protest has been withdrawn or thebegin delete State begin insert
departmentend insert has made a final decision as to the
P250 1Board of Controlend delete
2action to be taken relative to the protest. In computing the 24-hour
3periods provided for in this section, Saturdays, Sundays, and legal
4holidays shall be excluded.
5Within 10 days after filing a protest, the protesting bidder shall
6file with thebegin delete State Board of Controlend deletebegin insert departmentend insert a full and complete
7written statement specifying in detail the ground of the protest and
8the facts in support thereof.
begin insertSection 10308 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
10amended to read:end insert
Except as provided otherwise in this chapter, every
12acquisition of goods in excess of one hundred dollars ($100) for
13any state agency shall be made by or under the supervision of the
14department. However, the state agency may specify the quality of
15the goods to be acquired. If the department determines that the
16quality specified by the agency is inconsistent with the statewide
17standards established by the director under Section 10307, it shall
18change the request to make it consistent with the standards, and it
19shall notify the state agency, within a reasonable time, before a
20contract is issued. If the agency is of the opinion the interests of
21the state would not be served by the acquisition of goods of a lesser
22quality or different than that specified by the agency, the agency
23may request a hearing before
thebegin delete State Board of Controlend deletebegin insert
departmentend insert
24 and thebegin delete boardend deletebegin insert departmentend insert shall determine which goods will best
25serve the interests of the state, whereupon the department shall
26issue a contract for the goods specified by thebegin delete State Board of begin insert department.end insert
27Control.end delete
begin insertSection 10311 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
29amended to read:end insert
(a) An estimate or requisition approved by the state
31agency in control of the appropriation or fund against which an
32acquisition is to be charged, is full authority for any contract for
33goods of the quality specified by the agency or determined by the
34begin delete State Board of Controlend deletebegin insert departmentend insert as provided in this article made
35pursuant thereto by the department.
36(b) The department shall issue a call for bids within 30 days
37after receiving a requisition for any goods that are regularly
38acquired within this state. The period of closing time
designated
39in the invitations for bids shall be exclusive of holidays and shall
40be extended to the next working day after a holiday.
P251 1(c) Except as provided in subdivision (d), after the closing date
2for receiving any bids within or without this state, the contract
3shall be awarded or the bids shall be rejected within 45 days unless
4a protest is filed as provided in Section 10306.
5(d) After the 45-day time period prescribed by subdivision (c),
6the department may in its sound discretion either award the contract
7to the lowest responsible bidder meeting specifications who
8remains willing to accept the award or else reject all bids.
9(e) The amendments made to this section at the 1987-88 Regular
10Session of the Legislature do not constitute a change in, but are
11declaratory of, existing
law.
begin insertSection 10326.2 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
13amended to read:end insert
(a) As used in this section, “best value procurement”
15means a contract award determined by objective criteria related
16to price, features, functions, and life-cycle costs that may include
17the following:
18(1) Total cost of ownership, including warranty, under which
19all repair costs are borne solely by the warranty provider, repair
20costs, maintenance costs, fuel consumption, and salvage value.
21(2) Product performance, productivity, and safety standards.
22(3) The supplier’s ability to perform to the contract requirements.
23(4) Environmental benefits, including reduction of
greenhouse
24gas emissions, reduction of air pollutant emissions, or reduction
25of toxic or hazardous materials.
26(b) The department may purchase and equip heavy mobile fleet
27vehicles and special equipment for use by the Department of
28Transportation by means of best value procurement, using
29specifications and criteria developed in consultation with the
30Department of Transportation.
31(c) In addition to disclosure of the minimum requirements for
32qualification, the solicitation document shall specify what business
33performance measures in addition to price shall be given a weighted
34value. The department shall use a scoring method based on those
35factors and price in determining the successful bid. Any evaluation
36and scoring method shall ensure substantial weight is given to the
37contract price. The solicitation document shall provide for
38submission of sealed price information. Evaluation of
all criteria
39other than price shall be completed before the opening of price
40information.
P252 1(d) Upon written request of any bidder who has submitted a bid,
2notice of the proposed award shall be posted in a public place in
3the offices of the department at least 24 hours before awarding the
4contract or purchase order. If, before making an award, any bidder
5who has submitted a bid files a protest with the department against
6the awarding of the contract or purchase order on the ground that
7his or her bid should have been selected in accordance with the
8selection criteria in the solicitation document, the contract or
9purchase order shall not be awarded until either the protest has
10been withdrawn or thebegin delete California Victim Compensation and begin insert departmentend insert
has made a final decision
11Government Claims Boardend delete
12as to the action to be taken relative to the protest. Within 10 days
13after filing a protest, the protesting bidder shall file with the
14begin delete California Victim Compensation and Government Claims Boardend delete
15begin insert
departmentend insert a full and complete written statement specifying in
16detail the ground of the protest and the facts in support thereof.
17(e) The total value of vehicles and equipment purchased through
18best value procurement pursuant to this section shall be limited to
19twenty million dollars ($20,000,000) annually.
20(f) On or before June 1, 2020, the Department of General
21Services shall prepare an evaluation of the best value procurement
22pilot authorized by this section, including a recommendation on
23whether or not the process should be continued. The evaluation
24shall be posted on the Department of Transportation’s Internet
25Web site on or before June 30, 2020.
26(g) This section shall remain in effect only until January 1, 2021,
27and as of that date is repealed, unless a
later enacted statute, that
28is enacted before January 1, 2021, deletes or extends that date.
begin insertSection 12102.2 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
30amended to read:end insert
(a) Contract awards for all large-scale systems
32integration projects shall be based on the proposal that provides
33the most value-effective solution to the state’s requirements, as
34determined by the evaluation criteria contained in the solicitation
35document. Evaluation criteria for the acquisition of information
36technology goods and services, including systems integration, shall
37provide for the selection of a contractor on an objective basis not
38limited to cost alone.
39(1) The Department of Technology shall invite active
40participation, review, advice, comment, and assistance from the
P253 1private sector and state agencies in developing procedures to
2streamline and to make the acquisition process more efficient,
3including, but not limited to, consideration of
comprehensive
4statements in the request for proposals of the business needs and
5governmental functions, access to studies, planning documents,
6feasibility study reports and draft requests for proposals applicable
7to solicitations, minimizing the time and cost of the proposal
8submittal and selection process, and development of a procedure
9for submission and evaluation of a single proposal rather than
10multiple proposals.
11(2) Solicitations for acquisitions based on evaluation criteria
12other than cost alone shall provide that sealed cost proposals shall
13be submitted and that they shall be opened at a time and place
14designated in the solicitation for bids and proposals. Evaluation
15of all criteria, other than cost, shall be completed prior to the time
16designated for public opening of cost proposals, and the results of
17the completed evaluation shall be published immediately before
18the opening of cost proposals. The state’s contact person for
19
administration of the solicitation shall be identified in the
20solicitation for bids and proposals, and that person shall execute
21a certificate under penalty of perjury, which shall be made a
22permanent part of the official contract file, that all cost proposals
23received by the state have been maintained sealed and under lock
24and key until the time cost proposals are opened.
25(b) The acquisition of hardware acquired independently of a
26system integration project may be made on the basis of lowest cost
27meeting all other specifications.
28(c) The 5 percent small business preference provided for in
29Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
30Division 3 of Title 2 of the Government Code and the regulations
31implementing that chapter shall be accorded to all qualifying small
32businesses.
33(d) For all transactions
formally advertised, evaluation of
34bidders’ proposals for the purpose of determining contract award
35for information technology goods shall provide for consideration
36of a bidder’s best financing alternatives, including lease or purchase
37alternatives, if any bidder so requests, not less than 30 days prior
38to the date of final bid submission, unless the acquiring agency
39can prove to the satisfaction of the Department of General Services
40that a particular financing alternative should not be so considered.
P254 1(e) Acquisition authority may be delegated by the Director of
2General Services to any state agency that has been determined by
3the Department of General Services to be capable of effective use
4of that authority. This authority may be limited by the Department
5of General Services. Acquisitions conducted under delegated
6authority shall be reviewed by the Department of General Services
7on a selective basis.
8(f) To the extent practical, the solicitation documents shall
9provide for a contract to be written to enable acquisition of
10additional items to avoid essentially redundant acquisition
11processes when it can be determined that it is economical to do
12so.
13(g) Protest procedures shall be developed to provide bidders an
14opportunity to protest any formal, competitive acquisition
15conducted in accordance with this chapter. The procedures shall
16provide that protests must be filed no later than five working days
17after the issuance of an intent to award. Authority to protest may
18be limited to participating bidders. The Director of Technology,
19or a person designated by the director, may consider and decide
20on initial protests of bids for information technology projects
21conducted by the Department of Technology and
22telecommunications procurement made pursuant to Section 12120.
23The Director of the
Department of General Services, or a person
24designated by the director, may consider and decide on initial
25protests of all other information technology acquisitions. A decision
26regarding an initial protest shall be final. If prior to the last day to
27protest, any bidder who has submitted an offer files a protest with
28the department against the awarding of the contract on the ground
29that his or her bid or proposal should have been selected in
30accordance with the selection criteria in the solicitation document,
31the contract shall not be awarded until either the protest has been
32withdrawn or thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert has made a final
33Claims Boardend delete
34decision as to the action to be taken relating to the protest. Within
3510 calendar days after filing a protest, the protesting
bidder shall
36file with thebegin delete Victim Compensation and Government Claims Boardend delete
37begin insert Department of General Servicesend insert a full and complete written
38statement specifying in detail the grounds of the protest and the
39facts in support thereof.
P255 1(h) Consistent with the procedures established and administered
2by the Department of General Services, information technology
3goods that have been determined to be surplus to state needs shall
4be disposed of in a manner that will best serve the interests of the
5state. Procedures governing the disposal of surplus goods may
6include auction or transfer to local governmental entities.
7(i) A supplier may be excluded from bid processes if the
8supplier’s performance with
respect to a previously awarded
9contract has been unsatisfactory, as determined by the state in
10accordance with established procedures that shall be maintained
11in the State Administrative Manual. This exclusion may not exceed
1236 months for any one determination of unsatisfactory
13performance. Any supplier excluded in accordance with this section
14shall be reinstated as a qualified supplier at any time during this
1536-month period, upon demonstrating to the Department of General
16Services’ satisfaction that the problems that resulted in the
17supplier’s exclusion have been corrected.
begin insertSection 4116 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19amended to read:end insert
Any claim for damages arising against the state under
21Section 4114 or 4115 shall be presented to thebegin delete California Victim begin insert Department of
22Compensation and Government Claims Boardend delete
23General Servicesend insert in accordance with Part 3 (commencing with
24Section 900) and Part 4 (commencing with Section 940) of Division
253.6 of Title 1 of the Government Code and, if not covered by
26insurance, shall be payable only out of funds appropriated by the
27Legislature for that purpose. If the state has elected to acquire
28liability insurance, thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert may
29Government Claims Boardend delete
30automatically deny this claim.
begin insertSection 4602.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
32amended to read:end insert
(a) If a timber operator believes that a forest officer
34lacked reasonable cause to issue or extend a stop order pursuant
35to Section 4602.5, the timber operator may present a claim to the
36begin delete California Victim Compensation and Government Claims Boardend delete
37begin insert Department of General Servicesend insert pursuant to Part 3 (commencing
38with Section 900) of Division 3.6 of Title 1 of the Government
39Code for compensation and damages resulting from the stopping
40of timber operations.
P256 1(b) If thebegin delete boardend deletebegin insert
Department of General Servicesend insert finds that the
2forest officer lacked reasonable cause to issue or extend the stop
3order, thebegin delete boardend deletebegin insert departmentend insert shall award a sum of not less than one
4hundred dollars ($100) nor more than one thousand dollars ($1,000)
5per day for each day the order was in effect.
begin insertSection 5093.68 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
7amended to read:end insert
(a) Within the boundaries of special treatment areas
9adjacent to wild, scenic, or recreational river segments, all of the
10following provisions shall apply, in addition to any other applicable
11provision under this chapter or generally, whether by statute or
12regulation:
13(1) A timber operator, whether licensed or not, is responsible
14for the actions of his or her employees. The registered professional
15forester who prepares and signs a timber harvesting plan, a timber
16management plan, or a notice of timber operations is responsible
17for its contents, but is not responsible for the implementation or
18execution of the plan or notice unless employed for that purpose.
19(2) A registered professional forester preparing a timber
20harvesting plan shall certify that he or she or a qualified
21representative has personally inspected the plan area on the ground.
22(b) In order to temporarily suspend timber operations that are
23being conducted within special treatment areas adjacent to wild,
24scenic, or recreational rivers designated pursuant to Section
255093.54, while judicial remedies are pursued pursuant to this
26section, an inspecting forest officer of the Department of Forestry
27and Fire Protection may issue a written timber operations stop
28order if, upon reasonable cause, the officer determines that a timber
29operation is being conducted, or is about to be conducted, in
30violation of Chapter 8 (commencing with Section 4511) of Part 2
31of Division 4, or of rules and regulations adopted pursuant to those
32provisions, and that the violation or threatened violation would
33result in imminent and substantial damage to
soil, water, or timber
34resources or to fish and wildlife habitat. A stop order shall apply
35only to those acts or omissions that are the proximate cause of the
36violation or that are reasonably foreseen would be the proximate
37cause of a violation. The stop order shall be effective immediately
38and throughout the next day.
39(c) A supervising forest officer may, after an onsite
40investigation, extend a stop order issued pursuant to subdivision
P257 1(b) for up to five days, excluding Saturday and Sunday, if the forest
2officer finds that the original stop order was issued upon reasonable
3cause. A stop order shall not be issued or extended for the same
4act or omission more than one time.
5(d) Each stop order shall identify the specific act or omission
6that constitutes a violation or that, if foreseen, would constitute a
7violation, the specific timber operation that is to be stopped, and
8any
corrective or mitigative actions that may be required.
9(e) The Department of Forestry and Fire Protection may
10terminate the stop order if the timber operator enters into a written
11agreement with the department assuring that the timber operator
12will resume operations in compliance with the provisions of
13Chapter 8 (commencing with Section 4511) of Part 2 of Division
144, and with the rules and regulations adopted pursuant to those
15provisions, and will correct any violation. The department may
16require a reasonable cash deposit or bond payable to the department
17as a condition of compliance with the agreement.
18(f) Notice of the issuance of a stop order or an extension of a
19stop order shall be deemed to have been made to all persons
20working on the timber operation when a copy of the written order
21is delivered to the person in charge of operations at the time that
22the order is issued or,
if no persons are present at that time, by
23posting a copy of the order conspicuously on the yarder or log
24loading equipment at a currently active landing on the timber
25operations site. If no person is present at the site when the order
26is issued, the issuing forest officer shall deliver a copy of the order
27to the timber operator either in person or to the operator’s address
28of record prior to the commencement of the next working day.
29(g) As used in this section, “forest officer” means a registered
30professional forester employed by the Department of Forestry and
31Fire Protection in a civil service classification of forester II or
32higher grade.
33(h) (1) Failure of the timber operator or an employee of the
34timber operator, after receiving notice pursuant to this section, to
35comply with a validly issued stop order is a violation of this section
36and is a misdemeanor
punishable by a fine of not less than five
37hundred dollars ($500), or by imprisonment for not more than one
38year in the county jail, or both. The person shall also be subject to
39civil damages to the state not to exceed ten thousand dollars
40($10,000) for each misdemeanor violation. However, in all cases,
P258 1the timber operator, and not an employee of the operator or any
2other person, shall be charged with that violation. Each day or
3portion thereof that the violation continues shall constitute a new
4and separate offense.
5(2) In determining the penalty for a timber operator guilty of
6violating a validly issued stop order, the court shall take into
7consideration all relevant circumstances, including, but not limited
8to, the following:
9(A) The extent of harm to soil, water, or timber resources or to
10fish and wildlife habitat.
11(B) Corrective action, if any, taken by the defendant.
12(i) Nothing in this section prevents a timber operator from
13seeking an alternative writ as prescribed in Chapter 2 (commencing
14with Section 1084) of Title 1 of Part 3 of the Code of Civil
15Procedure, or as provided by any other provision of law.
16(j) (1) If a timber operator believes that a forest officer lacked
17reasonable cause to issue or extend a stop order pursuant to this
18section, the timber operator may present a claim to thebegin delete Victim begin insert Department of
19Compensation and Government Claims Boardend delete
20General Servicesend insert pursuant to Part 3 (commencing with Section
21900) of Division 3.6 of Title 1 of the Government Code
for
22compensation and damages resulting from the stopping of timber
23operations.
24(2) If thebegin delete Victim Compensation and Government Claims Boardend delete
25begin insert Department of General Servicesend insert finds that the forest officer lacked
26reasonable cause to issue or extend the stop order, the board shall
27award a sum of not less than one hundred dollars ($100), nor more
28than one thousand dollars ($1,000), per day for each day the order
29was in effect.
begin insertChapter 6.7 (commencing with Section 21189.50)
31is added to Division 13 of the end insertbegin insertPublic Resources Codeend insertbegin insert, to read:end insert
32
As used in this chapter, “capitol building annex
37project” means any work of construction of a state capitol building
38annex or restoration, rehabilitation, renovation, or reconstruction
39of the State Capitol Building Annex described in Section 9105 of
40the Government Code that is performed pursuant to Article 5.2
P259 1(commencing with Section 9112) of Chapter 1.5 of Part 1 of
2Division 2 of Title 2 of the Government Code.
On or before July 1, 2017, the Judicial Council shall
4adopt a rule of court to establish procedures applicable to actions
5or proceedings brought to attack, review, set aside, void, or annul
6the certification of the environmental impact report for a capitol
7building annex project or the granting of any project approvals
8that require the actions or proceedings, including any potential
9appeals therefrom, be resolved, to the extent feasible, within 270
10days of certification of the record of proceedings pursuant to
11Section 21189.52.
(a) The lead agency shall prepare and certify the
13record of the proceedings in accordance with this section and in
14accordance with Rule 3.1365 of the California Rules of Court.
15
(b) No later than three business days following the date of the
16release of the draft environmental impact report, the lead agency
17shall make available to the public in a readily accessible electronic
18format the draft environmental impact report and all other
19documents submitted to or relied on by the lead agency in the
20preparation of the draft environmental impact report. A document
21prepared by the lead agency after the date of the release of the
22draft environmental impact report that is a part of
the record of
23the proceedings shall be made available to the public in a readily
24accessible electronic format within five business days after the
25document is prepared or received by the lead agency.
26
(c) Notwithstanding subdivision (b), documents submitted to or
27relied on by the lead agency that were not prepared specifically
28for the capitol building annex project and are copyright protected
29are not required to be made readily accessible in an electronic
30format. For those copyright protected documents, the lead agency
31shall make an index of these documents available in an electronic
32format no later than the date of the release of the draft
33environmental impact report, or within five business days if the
34document is received or relied on by the lead agency after the
35release of the draft environmental impact report. The index must
36specify the libraries or lead agency offices in
which hard copies
37of the copyrighted materials are available for public review.
38
(d) The lead agency shall encourage written comments on the
39capitol building annex project to be submitted in a readily
40accessible electronic format, and shall make any such comment
P260 1available to the public in a readily accessible electronic format
2within five days of its receipt.
3
(e) Within seven business days after the receipt of any comment
4that is not in an electronic format, the lead agency shall convert
5that comment into a readily accessible electronic format and make
6it available to the public in that format.
7
(f) The lead agency shall
indicate in the record of the
8proceedings comments received that were not considered by the
9lead agency pursuant to subdivision (d) of Section 21189.55 and
10need not include the content of the comments as a part of the
11record.
12
(g) Within five days after the filing of the notice required by
13subdivision (a) of Section 21152, the lead agency shall certify the
14record of the proceedings for the approval or determination and
15shall provide an electronic copy of the record to a party that has
16submitted a written request for a copy. The lead agency may charge
17and collect a reasonable fee from a party requesting a copy of the
18record for the electronic copy, which shall not exceed the
19reasonable cost of reproducing that copy.
20
(h) Within 10 days after being served
with a complaint or a
21petition for a writ of mandate, the lead agency shall lodge a copy
22of the certified record of proceedings with the superior court.
23
(i) Any dispute over the content of the record of the proceedings
24shall be resolved by the superior court. Unless the superior court
25directs otherwise, a party disputing the content of the record shall
26file a motion to augment the record at the time it files its initial
27brief.
28
(j) The contents of the record of proceedings shall be as set
29forth in subdivision (e) of Section 21167.6.
(a) In granting relief in an action or proceeding
31brought pursuant to this chapter, the court shall not enjoin the
32capitol building annex project unless the court finds either of the
33following:
34
(1) The continuation of the capitol building annex project
35presents an imminent threat to the public health and safety.
36
(2) The capitol building annex project site contains unforeseen
37important Native American artifacts or unforeseen important
38historical, archaeological, or ecological values that would be
39materially, permanently, and adversely affected
by the continuation
P261 1of the capitol building annex project unless the court stays or
2enjoins the capitol building annex project.
3
(b) If the court finds that either paragraph (1) or (2) of
4subdivision (a) is satisfied, the court shall only enjoin those specific
5activities associated with the capitol building annex project that
6present an imminent threat to public health and safety or that
7materially, permanently, and adversely affect unforeseen important
8Native American artifacts or unforeseen important historical,
9archaeological, or ecological values.
(a) The draft and final environmental impact report
11shall include a notice in not less than 12-point type stating the
12following:
13
THIS EIR IS SUBJECT TO CHAPTER 6.7 (COMMENCING
14WITH SECTION 21189.50) OF DIVISION 13 OF THE PUBLIC
15RESOURCES CODE, WHICH PROVIDES, AMONG OTHER
16THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER
17CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE
18PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY
19JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF
20THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED
21IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH
22IN SECTIONS 21189.51 TO 21189.53, INCLUSIVE, OF THE
23PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.7
24(COMMENCING WITH SECTION 21189.50) OF DIVISION
13
25OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE
26APPENDIX TO THIS EIR.
27
(b) The draft environmental impact report and final
28environmental impact report shall contain, as an appendix, the
29full text of this chapter.
(a) Within 10 days after the release of the draft
31environmental impact report, the lead agency shall conduct an
32informational workshop to inform the public of the key analyses
33and conclusions of that report.
34
(b) Within 10 days before the close of the public comment
35period, the lead agency shall hold a public hearing to receive
36testimony on the draft environmental impact report. A transcript
37of the hearing shall be included as an appendix to the final
38environmental impact report.
39
(c) (1) Within five days following the close
of the public
40comment period, a commenter on the draft environmental impact
P262 1report may submit to the lead agency a written request for
2nonbinding mediation. The lead agency shall participate in
3nonbinding mediation with all commenters who submitted timely
4comments on the draft environmental impact report and who
5requested the mediation. Mediation conducted pursuant to this
6paragraph shall end no later than 35 days after the close of the
7public comment period.
8
(2) A request for mediation shall identify all areas of dispute
9raised in the comment submitted by the commenter that are to be
10mediated.
11
(3) The lead agency shall select one or more mediators who
12shall be retired judges or recognized experts with at least five
13years experience in land use and
environmental law or science,
14or mediation.
15
(4) A mediation session shall be conducted on each area of
16dispute with the parties requesting mediation on that area of
17dispute.
18
(5) The lead agency shall adopt, as a condition of approval,
19any measures agreed upon by the lead agency and any commenter
20who requested mediation. A commenter who agrees to a measure
21pursuant to this subparagraph shall not raise the issue addressed
22by that measure as a basis for an action or proceeding challenging
23the lead agency’s decision to certify the environmental impact
24report or to grant one or more initial project approvals.
25
(d) The lead
agency need not consider written comments
26submitted after the close of the public comment period, unless
27those comments address any of the following:
28
(1) New issues raised in the response to comments by the lead
29agency.
30
(2) New information released by the public agency subsequent
31to the release of the draft environmental impact report, such as
32new information set forth or embodied in a staff report, proposed
33permit, proposed resolution, ordinance, or similar documents.
34
(3) Changes made to the project after the close of the public
35comment period.
36
(4) Proposed conditions for approval, mitigation measures, or
37proposed findings required by Section 21081 or a proposed
38reporting and monitoring program required by paragraph (1) of
39subdivision (a) of Section 21081.6, where the lead agency releases
P263 1those documents subsequent to the release of the draft
2environmental impact report.
3
(5) New information that was not reasonably known and could
4not have been reasonably known during the public comment period.
The provisions of this chapter are severable. If any
6provision of this chapter or its application is held to be invalid,
7that invalidity shall not affect any other provision or application
8that can be given effect without the invalid provision or application.
Except as otherwise provided expressly in this
10chapter, nothing in this chapter affects the duty of any party to
11comply with this division.
begin insertSection 30171.2 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
13amended to read:end insert
(a) Except as provided in subdivision (b), on and
15after January 1, 1985, no agricultural conversion fees may be levied
16or collected under the agricultural subsidy program provided in
17the local coastal program of the City of Carlsbad that was adopted
18and certified pursuant to Section 30171. All other provisions of
19that program shall continue to be operative, including the right to
20develop designated areas as provided in the program.
21(b) This section shall not affect any right or obligation under
22any agreement or contract entered into prior to January 1, 1985,
23pursuant to that agricultural subsidy program, including the
24payment of any fees and the right of development in accordance
25with the provisions of the agreement or
contract. As to these
26properties, the agricultural subsidy fees in existence as of December
2731, 1984, shall be paid and allocated within the City of Carlsbad,
28or on projects outside the city that benefit agricultural programs
29within the city, in accordance with the provisions of the agricultural
30subsidy program as it existed on September 30, 1984.
31(c) Any agricultural conversion fees collected pursuant to the
32agricultural subsidy program and not deposited in the agricultural
33improvement fund in accordance with the local coastal program
34or that have not been expended in the form of agricultural subsidies
35assigned to landowners by the local coastal program land use policy
36plan on January 1, 1985, shall be used by thebegin delete California Victim begin insert
Department of
37Compensation and Government Claims Boardend delete
38General Servicesend insert to reimburse the party that paid the fees if no
39agreements or contracts have been entered into or to the original
40parties to the agreements or contracts referred to in subdivision
P264 1(b) in proportion to the amount of fees paid by the parties.
2However, if the property subject to the fee was under option at the
3time that the original agreement or contract was entered into and
4the optionee was a party to the agricultural subsidy agreement,
5payments allocable to that property shall be paid to the optionee
6in the event the optionee has exercised the option. Reimbursements
7under this section shall be paid within 90 days after January 1,
81985, or payment of the fee, whichever occurs later, and only after
9waiver by the party being reimbursed of any potential legal rights
10resulting from enactment of this section.
11(d) (1) Any person entitled to reimbursement of
fees under
12subdivision (c) shall file a claim with thebegin delete California Victim begin insert
Department of
13Compensation and Government Claims Board,end delete
14General Services,end insert which shall determine the validity of the claim
15and pay that person a pro rata share based on the relative amounts
16of fees paid under the local coastal program or any agreement or
17contract entered pursuant thereto.
18(2) There is hereby appropriated to thebegin delete California Victim begin insert Department of
19Compensation and Government Claims Boardend delete
20General Servicesend insert the fees referred to in subdivision (c), for the
21purpose of making refunds under this section.
22(e) Notwithstanding any geographical limitation contained in
23this division, funds deposited pursuant to subdivision (b) may be
24expended for physical or institutional development
improvements
25needed to facilitate long-term agricultural production within the
26City of Carlsbad. These funds may be used to construct
27improvements outside the coastal zone boundaries in San Diego
28County if the improvements are not inconsistent with the Carlsbad
29local coastal program and the State Coastal Conservancy
30determines that the improvements will benefit agricultural
31production within the coastal zone of the City of Carlsbad.
begin insertSection 17059.2 of the end insertbegin insertRevenue and Taxation Codeend insert
33
begin insert is amended to read:end insert
(a) (1) For each taxable year beginning on and after
35January 1, 2014, and before January 1, 2025, there shall be allowed
36as a credit against the “net tax,” as defined in Section 17039, an
37amount as determined by the committee pursuant to paragraph (2)
38and approved pursuant to Section 18410.2.
39(2) The credit under this section shall be allocated by GO-Biz
40with respect to the 2013-14 fiscal year through and including the
P265 12017-18 fiscal year. The amount of credit allocated to a taxpayer
2with respect to a fiscal year pursuant to this section shall be as set
3forth in a written agreement between GO-Biz and the taxpayer and
4shall be based on the following factors:
5(A) The number of
jobs the taxpayer will create or retain in this
6state.
7(B) The compensation paid or proposed to be paid by the
8taxpayer to its employees, including wages and fringe benefits.
9(C) The amount of investment in this state by the taxpayer.
10(D) The extent of unemployment or poverty in the area
11according to the United States Census in which the taxpayer’s
12project or business is proposed or located.
13(E) The incentives available to the taxpayer in this state,
14including incentives from the state, local government, and other
15entities.
16(F) The incentives available to the taxpayer in other states.
17(G) The duration of the proposed project
and the duration the
18taxpayer commits to remain in this state.
19(H) The overall economic impact in this state of the taxpayer’s
20project or business.
21(I) The strategic importance of the taxpayer’s project or business
22to the state, region, or locality.
23(J) The opportunity for future growth and expansion in this state
24by the taxpayer’s business.
25(K) The extent to which the anticipated benefit to the state
26exceeds the projected benefit to the taxpayer from the tax credit.
27(3) The written agreement entered into pursuant to paragraph
28(2) shall include:
29(A) Terms and conditions that include the taxable year or years
30for which the
credit allocated shall be allowed, a minimum
31compensation level, and a minimum job retention period.
32(B) Provisions indicating whether the credit is to be allocated
33in full upon approval or in increments based on mutually agreed
34upon milestones when satisfactorily met by the taxpayer.
35(C) Provisions that allow the committee to recapture the credit,
36in whole or in part, if the taxpayer fails to fulfill the terms and
37conditions of the written agreement.
38(b) For purposes of this section:
39(1) “Committee” means the California Competes Tax Credit
40Committee established pursuant to Section 18410.2.
P266 1(2) “GO-Biz” means the Governor’s Office of Business and
2Economic Development.
3(c) For purposes of this section, GO-Biz shall do the following:
4(1) Give priority to a taxpayer whose project or business is
5located or proposed to be located in an area of high unemployment
6or poverty.
7(2) Negotiate with a taxpayer the terms and conditions of
8proposed written agreements that provide the credit allowed
9pursuant to this section to a taxpayer.
10(3) Provide the negotiated written agreement to the committee
11for its approval pursuant to Section 18410.2.
12(4) Inform the Franchise Tax Board of the terms and conditions
13of the written agreement upon approval of the written agreement
14by the committee.
15(5) Inform the
Franchise Tax Board of any recapture, in whole
16or in part, of a previously allocated credit upon approval of the
17recapture by the committee.
18(6) Post on its Internet Web site all of the following:
19(A) The name of each taxpayer allocated a credit pursuant to
20this section.
21(B) The estimated amount of the investment by each taxpayer.
22(C) The estimated number of jobs created or retained.
23(D) The amount of the credit allocated to the taxpayer.
24(E) The amount of the credit recaptured from the taxpayer, if
25applicable.
26
(7) When determining whether to enter into a written agreement
27with a taxpayer pursuant to this section, GO-Biz may consider
28other factors, including, but not limited to, the following:
29
(A) The financial solvency of the taxpayer and the taxpayer’s
30ability to finance its proposed expansion.
31
(B) The taxpayer’s current and prior compliance with federal
32and state laws.
33
(C) Current and prior litigation involving the taxpayer.
34
(D) The reasonableness of the fee arrangement between the
35taxpayer and any third party providing any services related to the
36credit allowed pursuant to this section.
37
(E) Any other factors GO-Biz deems necessary to
ensure that
38the administration of the credit allowed pursuant to this section
39is a model of accountability and transparency and that the effective
40use of the limited amount of credit available is maximized.
P267 1(d) For purposes of this section, the Franchise Tax Board shall
2do all of the following:
3(1) (A) Except as provided in subparagraph (B), review the
4books and records of all taxpayers allocated a credit pursuant to
5this section to ensure compliance with the terms and conditions
6of the written agreement between the taxpayer and GO-Biz.
7(B) In the case of a taxpayer that is a “small business,” as
8defined in Section 17053.73, review the books and records of the
9taxpayer allocated a credit pursuant to this section to ensure
10compliance with the terms and conditions of the
written agreement
11between the taxpayer and GO-Biz when, in the sole discretion of
12the Franchise Tax Board, a review of those books and records is
13appropriate or necessary in the best interests of the state.
14(2) Notwithstanding Section 19542:
15(A) Notify GO-Biz of a possible breach of the written agreement
16by a taxpayer and provide detailed information regarding the basis
17for that determination.
18(B) Provide information to GO-Biz with respect to whether a
19taxpayer is a “small business,” as defined in Section 17053.73.
20(e) In the case where the credit allowed under this section
21exceeds the “net tax,” as defined in Section 17039, for a taxable
22year, the excess credit may be carried over to reduce the “net tax”
23in the following taxable year, and succeeding
five taxable years,
24if necessary, until the credit has been exhausted.
25(f) Any recapture, in whole or in part, of a credit approved by
26the committee pursuant to Section 18410.2 shall be treated as a
27mathematical error appearing on the return. Any amount of tax
28resulting from that recapture shall be assessed by the Franchise
29Tax Board in the same manner as provided by Section 19051. The
30amount of tax resulting from the recapture shall be added to the
31tax otherwise due by the taxpayer for the taxable year in which
32the committee’s recapture determination occurred.
33(g) (1) The aggregate amount of credit that may be allocated
34in any fiscal year pursuant to this section and Section 23689 shall
35be an amount equal to the sum of subparagraphs (A), (B), and (C),
36less the amount specified in subparagraphs (D) and (E):
37(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
38year, one hundred fifty million dollars ($150,000,000) for the
392014-15 fiscal year, and two hundred million dollars
P268 1($200,000,000) for each fiscal year from 2015-16 to 2017-18,
2inclusive.
3(B) The unallocated credit amount, if any, from the preceding
4fiscal year.
5(C) The amount of any previously allocated credits that have
6been recaptured.
7(D) The amount estimated by the Director of Finance, in
8consultation with the Franchise Tax Board and the State Board of
9Equalization, to be necessary to limit the aggregation of the
10estimated amount of exemptions claimed pursuant to Section
116377.1 and of the amounts estimated to be claimed pursuant to
12this section and Sections 17053.73, 23626, and 23689 to no more
13than seven hundred fifty million dollars
($750,000,000) for either
14the current fiscal year or the next fiscal year.
15(i) The Director of Finance shall notify the Chairperson of the
16Joint Legislative Budget Committee of the estimated annual
17allocation authorized by this paragraph. Any allocation pursuant
18to these provisions shall be made no sooner than 30 days after
19written notification has been provided to the Chairperson of the
20Joint Legislative Budget Committee and the chairpersons of the
21committees of each house of the Legislature that consider
22appropriation, or not sooner than whatever lesser time the
23Chairperson of the Joint Legislative Budget Committee, or his or
24her designee, may determine.
25(ii) In no event shall the amount estimated in this subparagraph
26be less than zero dollars ($0).
27(E) (i) For the 2015-16 fiscal year and each
fiscal year
28thereafter, the amount of credit estimated by the Director of Finance
29to be allowed to all qualified taxpayers for that fiscal year pursuant
30to subparagraph (A) or subparagraph (B) of paragraph (1) of
31subdivision (c) of Section 23636.
32(ii) If the amount available per fiscal year pursuant to this section
33and Section 23689 is less than the aggregate amount of credit
34estimated by the Director of Finance to be allowed to qualified
35taxpayers pursuant to subparagraph (A) or subparagraph (B) of
36paragraph (1) of subdivision (c) of Section 23636, the aggregate
37amount allowed pursuant to Section 23636 shall not be reduced
38and, in addition to the reduction required by clause (i), the
39aggregate amount of credit that may be allocated pursuant to this
P269 1section and Section 23689 for the next fiscal year shall be reduced
2by the amount of that deficit.
3(iii) It is the intent of the
Legislature that the reductions specified
4in this subparagraph of the aggregate amount of credit that may
5be allocated pursuant to this section and Section 23689 shall
6continue if the repeal dates of the credits allowed by this section
7and Section 23689 are removed or extended.
8(2) (A) In addition to the other amounts determined pursuant
9to paragraph (1), the Director of Finance may increase the
10aggregate amount of credit that may be allocated pursuant to this
11section and Section 23689 by up to twenty-five million dollars
12($25,000,000) per fiscal year through the 2017-18 fiscal year. The
13amount of any increase made pursuant to this paragraph, when
14combined with any increase made pursuant to paragraph (2) of
15subdivision (g) of Section 23689, shall not exceed twenty-five
16million dollars ($25,000,000) per fiscal year through the 2017-18
17fiscal year.
18(B) It is
the intent of the Legislature that the Director of Finance
19increase the aggregate amount under subparagraph (A) in order to
20mitigate the reduction of the amount available due to the credit
21allowed to all qualified taxpayers pursuant to subparagraph (A) or
22(B) of paragraph (1) of subdivision (c) of Section 23636.
23(3) Each fiscal year, 25 percent of the aggregate amount of the
24credit that may be allocated pursuant to this section and Section
2523689 shall be reserved for small business, as defined in Section
2617053.73 or 23626.
27(4) Each fiscal year, no more than 20 percent of the aggregate
28amount of the credit that may be allocated pursuant to this section
29shall be allocated to any one taxpayer.
30(h) GO-Biz may prescribe rules and regulations as necessary to
31carry out the purposes of this section. Any rule or regulation
32
prescribed pursuant to this section may be by adoption of an
33emergency regulation in accordance with Chapter 3.5 (commencing
34with Section 11340) of Part 1 of Division 3 of Title 2 of the
35Government Code.
36(i) A written agreement between GO-Biz and a taxpayer with
37respect to the credit authorized by this section shall comply with
38existing law on the date the agreement is executed.
39(j) (1) Upon the effective date of this section, the Department
40of Finance shall estimate the total dollar amount of credits that
P270 1will be claimed under this section with respect to each fiscal year
2from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
3(2) The Franchise Tax Board shall annually provide to the Joint
4Legislative Budget Committee, by no later than March 1, a report
5of the total dollar amount of
the credits claimed under this section
6with respect to the relevant fiscal year. The report shall compare
7the total dollar amount of credits claimed under this section with
8respect to that fiscal year with the department’s estimate with
9respect to that same fiscal year. If the total dollar amount of credits
10claimed for the fiscal year is less than the estimate for that fiscal
11year, the report shall identify options for increasing annual claims
12of the credit so as to meet estimated amounts.
13(k) This section is repealed on December 1, 2025.
begin insertSection 23636 of the end insertbegin insertRevenue and Taxation Codeend insert
15
begin insert is amended to read:end insert
(a) For each taxable year beginning on or after January
171,begin delete 2015,end deletebegin insert 2016,end insert and before January 1,begin delete 2030,end deletebegin insert 2031,end insert a qualified
18taxpayer shall be allowed a credit against the “tax,” as defined in
19Section 23036, in an amount equal to 171⁄2 percent of qualified
20wages paid or incurred by the qualified taxpayer during the taxable
21year to qualified full-time
employees, subject to the limitations
22under subdivision (c).
23(b) For purposes of this section:
24(1) “Annual full-time equivalent” means either of the following:
25(A) In the case of a qualified full-time employee paid hourly
26qualified wages, “annual full-time equivalent” means the total
27number of hours worked for the qualified taxpayer by the qualified
28full-time employee, not to exceed 2,000 hours per employee,
29divided by 2,000.
30(B) In the case of a salaried qualified full-time employee,
31“annual full-time equivalent” means the total number of weeks
32worked for the qualified taxpayer by the qualified employee
33divided by 52.
34(2) “Qualified full-time employee” means an individual that is
35employed
in this state by the qualified taxpayer and satisfies both
36of the following:
37(A) The individual’s services for the qualified taxpayer are
38performed in this state and are at least 80 percent directly related
39to the qualified taxpayer’s prime contract or subcontract to design,
40test, manufacture property, or otherwise support production of
P271 1property for ultimate use in or as a component of a new advanced
2strategic aircraft for the United States Air Force.
3(B) The individual is paid compensation from the qualified
4taxpayer that satisfies either of the following conditions:
5(i) Is paid qualified wages by the qualified taxpayer for services
6not less than an average of 35 hours per week.
7(ii) Is paid a salary by the qualified taxpayer as compensation
8during the
taxable year for full-time employment, within the
9meaning of Section 515 of the Labor Code.
10(3) “Qualified taxpayer” means any taxpayer that is either a
11prime contractor awarded a prime contract or a major first-tier
12subcontractor awarded a subcontract to manufacture property for
13ultimate use in or as a component of a new advanced strategic
14aircraft for the United States Air Force. For purposes of this
15paragraph, the term “prime contractor” means a contractor that
16was awarded a prime contract for the manufacturing of a new
17advanced strategic aircraft for the United States Air Force. For
18purposes of this paragraph, the term “major first-tier subcontractor”
19means a subcontractor that was awarded a subcontract in an amount
20of at least 35 percent of the amount of the initial prime contract
21awarded for the manufacturing of a new advanced strategic aircraft
22for the United States Air Force.
23(4) “Qualified wages” means wages paid or incurred by the
24qualified taxpayer during the taxable year with respect to qualified
25full-time employees that are direct labor costs, within the meaning
26of Section 263A of the Internal Revenue Code, relating to
27capitalization and inclusion in inventory costs of certain expenses,
28allocable to property manufactured in this state by the qualified
29taxpayer for ultimate use in or as a component of a new advanced
30strategic aircraft for the United States Air Force.
31(5) “New advanced strategic aircraft for the United States Air
32Force” means a new advanced strategic aircraft developed and
33produced for the United States Air Force under the New Advanced
34Strategic Aircraft Program.
35(6) “New Advanced Strategic Aircraft Program” means the
36project to design, test, manufacture, or otherwise support
37production of a new advanced strategic
aircraft for the United
38States Air Force under a contract that is expected to be awarded
39in the first or second calendar quarter of 2015. “New Advanced
40Strategic Aircraft Program” does not include any contract awarded
P272 1prior to August 1, 2014, and does not include a program to upgrade,
2modernize, sustain, or otherwise modify a current United States
3Air Force bomber program, including, but not limited to, the B-52,
4B-1, or B-2 programs.
5(7) “Total annual full-time equivalents” means the number of
6a qualified taxpayer’s qualified full-time employees computed on
7an annual full-time equivalent basis for the taxable year.
8(c) (1) The total aggregate amount of the credit that may be
9allowed to all qualified taxpayers pursuant to this section shall be
10as follows:
11(A) In years one through five of the
credit, the total aggregate
12amount of the credit that may be allowed to all qualified taxpayers
13pursuant to this section shall not exceed twenty- five million dollars
14($25,000,000) per calendar year.
15(B) In years 6 through 10 of the credit, the total aggregate
16amount of the credit that may be allowed to all qualified taxpayers
17pursuant to this section shall not exceed twenty-eight million
18dollars ($28,000,000) per calendar year.
19(C) In years 11 through 15 of the credit, the total aggregate
20amount of the credit that may be allowed to all qualified taxpayers
21pursuant to this section shall not exceed thirty-one million dollars
22($31,000,000) per calendar year.
23(2) The aggregate number of total annual full-time equivalents
24of all qualified taxpayers with respect to which a credit amount
25may be allowed under this section
for a calendar year shall not
26exceed 1,100.
27(3) (A) The Franchise Tax Board shall allocate the credit to the
28qualified taxpayers on a first-come-first-served basis, determined
29by the date the qualified taxpayer’s timely filed original tax return
30is received by the Franchise Tax Board. If the returns of two or
31more qualified taxpayers are received on the same day and the
32amount of credit remaining to be allocated is insufficient to be
33allocated fully to each, the credit remaining shall be allocated to
34those qualified taxpayers on a pro rata basis.
35(B) For purposes of this paragraph, the date a return is received
36shall be determined by the Franchise Tax Board. The determination
37of the Franchise Tax Board as to the date a return is received and
38whether a return has been timely filed for purposes of this
39paragraph may not be reviewed in any administrative or
judicial
40proceeding.
P273 1(C) Any disallowance of a credit claimed due to the limitations
2specified in this subdivision shall be treated as a mathematical
3error appearing on the return. Any amount of tax resulting from
4that disallowance may be assessed by the Franchise Tax Board in
5the same manner as provided in Section 19051.
6(4) The credit allowed under this section must be claimed on a
7timely filed original return.
8(d) In the case where the credit allowed by this section exceeds
9the “tax,” the excess may be carried over to reduce the “tax” in
10the following year, and the seven succeeding years if necessary,
11until the credit is exhausted.
12(e) A credit shall not be allowed unless the credit was reflected
13within the bid upon which the qualified taxpayer’s
prime contract
14or subcontract to manufacture property for ultimate use in or as a
15component of a New Advanced Strategic Aircraft Program is based
16by reducing the amount of the bid by a good faith estimate of the
17amount of the credit allowable under this section.
18(f) All references to the credit and ultimate cost reductions
19incorporated into any successful bid that was awarded a prime
20contract or subcontract and for which a qualified taxpayer is
21making a claim shall be made available to the Franchise Tax Board
22upon request.
23(g) If the qualified taxpayer is allowed a credit pursuant to this
24section for qualified wages paid or incurred, only one credit shall
25be allowed to the taxpayer under this part with respect to any wage
26consisting in whole or in part of those qualified wages.
27(h) (1) The
Franchise Tax Board may prescribe regulations
28necessary or appropriate to carry out the purposes of this section.
29(2) The Franchise Tax Board may also prescribe rules,
30guidelines, or procedures necessary or appropriate to carry out the
31purposes of this section. Chapter 3.5 (commencing with Section
3211340) of Part 1 of Division 3 of Title 2 of the Government Code
33shall not apply to any rule, guideline, or procedure prescribed by
34the Franchise Tax Board pursuant to this section.
35(i) This section shall remain in effect only until December 1,
36begin delete 2030,end deletebegin insert 2031,end insert and as of that date is repealed.
begin insertSection 23689 of the end insertbegin insertRevenue and Taxation Codeend insert
38
begin insert is amended to read:end insert
(a) (1) For each taxable year beginning on and after
40January 1, 2014, and before January 1, 2025, there shall be allowed
P274 1as a credit against the “tax,” as defined in Section 23036, an amount
2as determined by the committee pursuant to paragraph (2) and
3approved pursuant to Section 18410.2.
4(2) The credit under this section shall be allocated by GO-Biz
5with respect to the 2013-14 fiscal year through and including the
62017-18 fiscal year. The amount of credit allocated to a taxpayer
7with respect to a fiscal year pursuant to this section shall be as set
8forth in a written agreement between GO-Biz and the taxpayer and
9shall be based on the following factors:
10(A) The number of jobs
the taxpayer will create or retain in this
11state.
12(B) The compensation paid or proposed to be paid by the
13taxpayer to its employees, including wages and fringe benefits.
14(C) The amount of investment in this state by the taxpayer.
15(D) The extent of unemployment or poverty in the area
16according to the United States Census in which the taxpayer’s
17project or business is proposed or located.
18(E) The incentives available to the taxpayer in this state,
19including incentives from the state, local government, and other
20entities.
21(F) The incentives available to the taxpayer in other states.
22(G) The duration of the proposed project and
the duration the
23taxpayer commits to remain in this state.
24(H) The overall economic impact in this state of the taxpayer’s
25project or business.
26(I) The strategic importance of the taxpayer’s project or business
27to the state, region, or locality.
28(J) The opportunity for future growth and expansion in this state
29by the taxpayer’s business.
30(K) The extent to which the anticipated benefit to the state
31exceeds the projected benefit to the taxpayer from the tax credit.
32(3) The written agreement entered into pursuant to paragraph
33(2) shall include:
34(A) Terms and conditions that include the taxable year or years
35for which the credit
allocated shall be allowed, a minimum
36compensation level, and a minimum job retention period.
37(B) Provisions indicating whether the credit is to be allocated
38in full upon approval or in increments based on mutually agreed
39upon milestones when satisfactorily met by the taxpayer.
P275 1(C) Provisions that allow the committee to recapture the credit,
2in whole or in part, if the taxpayer fails to fulfill the terms and
3conditions of the written agreement.
4(b) For purposes of this section:
5(1) “Committee” means the California Competes Tax Credit
6Committee established pursuant to Section 18410.2.
7(2) “GO-Biz” means the Governor’s Office of Business and
8Economic Development.
9(c) For purposes of this section, GO-Biz shall do the following:
10(1) Give priority to a taxpayer whose project or business is
11located or proposed to be located in an area of high unemployment
12or poverty.
13(2) Negotiate with a taxpayer the terms and conditions of
14proposed written agreements that provide the credit allowed
15pursuant to this section to a taxpayer.
16(3) Provide the negotiated written agreement to the committee
17for its approval pursuant to Section 18410.2.
18(4) Inform the Franchise Tax Board of the terms and conditions
19of the written agreement upon approval of the written agreement
20by the committee.
21(5) Inform the
Franchise Tax Board of any recapture, in whole
22or in part, of a previously allocated credit upon approval of the
23recapture by the committee.
24(6) Post on its Internet Web site all of the following:
25(A) The name of each taxpayer allocated a credit pursuant to
26this section.
27(B) The estimated amount of the investment by each taxpayer.
28(C) The estimated number of jobs created or retained.
29(D) The amount of the credit allocated to the taxpayer.
30(E) The amount of the credit recaptured from the taxpayer, if
31applicable.
32
(7) When determining whether to enter into a written agreement
33with a taxpayer pursuant to this section, GO-Biz may consider
34other factors, including, but not limited to, the following:
35
(A) The financial solvency of the taxpayer and the taxpayer’s
36ability to finance its proposed expansion.
37
(B) The taxpayer’s current and prior compliance with federal
38and state laws.
39
(C) Current and prior litigation involving the taxpayer.
P276 1
(D) The reasonableness of the fee arrangement between the
2taxpayer and any third party providing any services related to the
3credit allowed pursuant to this section.
4
(E) Any other factors GO-Biz deems necessary to
ensure that
5the administration of the credit allowed pursuant to this section
6is a model of accountability and transparency and that the effective
7use of the limited amount of credit available is maximized.
8(d) For purposes of this section, the Franchise Tax Board shall
9do all of the following:
10(1) (A) Except as provided in subparagraph (B), review the
11books and records of all taxpayers allocated a credit pursuant to
12this section to ensure compliance with the terms and conditions
13of the written agreement between the taxpayer and GO-Biz.
14(B) In the case of a taxpayer that is a “small business,” as
15defined in Section 23626, review the books and records of the
16taxpayer allocated a credit pursuant to this section to ensure
17compliance with the terms and conditions of the
written agreement
18between the taxpayer and GO-Biz when, in the sole discretion of
19the Franchise Tax Board, a review of those books and records is
20appropriate or necessary in the best interests of the state.
21(2) Notwithstanding Section 19542:
22(A) Notify GO-Biz of a possible breach of the written agreement
23by a taxpayer and provide detailed information regarding the basis
24for that determination.
25(B) Provide information to GO-Biz with respect to whether a
26taxpayer is a “small business,” as defined in Section 23626.
27(e) In the case where the credit allowed under this section
28exceeds the “tax,” as defined in Section 23036, for a taxable year,
29the excess credit may be carried over to reduce the “tax” in the
30following taxable year, and succeeding five taxable
years, if
31necessary, until the credit has been exhausted.
32(f) Any recapture, in whole or in part, of a credit approved by
33the committee pursuant to Section 18410.2 shall be treated as a
34mathematical error appearing on the return. Any amount of tax
35resulting from that recapture shall be assessed by the Franchise
36Tax Board in the same manner as provided by Section 19051. The
37amount of tax resulting from the recapture shall be added to the
38tax otherwise due by the taxpayer for the taxable year in which
39the committee’s recapture determination occurred.
P277 1(g) (1) The aggregate amount of credit that may be allocated
2in any fiscal year pursuant to this section and Section 17059.2 shall
3be an amount equal to the sum of subparagraphs (A), (B), and (C),
4less the amount specified in subparagraphs (D) and (E):
5(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
6year, one hundred fifty million dollars ($150,000,000) for the
72014-15 fiscal year, and two hundred million dollars
8($200,000,000) for each fiscal year from 2015-16 to 2017-18,
9inclusive.
10(B) The unallocated credit amount, if any, from the preceding
11fiscal year.
12(C) The amount of any previously allocated credits that have
13been recaptured.
14(D) The amount estimated by the Director of Finance, in
15consultation with the Franchise Tax Board and the State Board of
16Equalization, to be necessary to limit the aggregation of the
17estimated amount of exemptions claimed pursuant to Section
186377.1 and of the amounts estimated to be claimed pursuant to
19this section and Sections 17053.73, 17059.2, and 23626 to no more
20than seven hundred fifty million dollars
($750,000,000) for either
21the current fiscal year or the next fiscal year.
22(i) The Director of Finance shall notify the Chairperson of the
23Joint Legislative Budget Committee of the estimated annual
24allocation authorized by this paragraph. Any allocation pursuant
25to these provisions shall be made no sooner than 30 days after
26written notification has been provided to the Chairperson of the
27Joint Legislative Budget Committee and the chairpersons of the
28committees of each house of the Legislature that consider
29appropriation, or not sooner than whatever lesser time the
30Chairperson of the Joint Legislative Budget Committee, or his or
31her designee, may determine.
32(ii) In no event shall the amount estimated in this subparagraph
33be less than zero dollars ($0).
34(E) (i) For the 2015-16 fiscal year and each
fiscal year
35thereafter, the amount of credit estimated by the Director of Finance
36to be allowed to all qualified taxpayers for that fiscal year pursuant
37to subparagraph (A) or subparagraph (B) of paragraph (1) of
38subdivision (c) of Section 23636.
39(ii) If the amount available per fiscal year pursuant to this section
40and Section 17059.2 is less than the aggregate amount of credit
P278 1estimated by the Director of Finance to be allowed to qualified
2taxpayers pursuant to subparagraph (A) or subparagraph (B) of
3paragraph (1) of subdivision (c) of Section 23636, the aggregate
4amount allowed pursuant to Section 23636 shall not be reduced
5and, in addition to the reduction required by clause (i), the
6aggregate amount of credit that may be allocated pursuant to this
7section and Section 17059.2 for the next fiscal year shall be reduced
8by the amount of that deficit.
9(iii) It is the intent of the
Legislature that the reductions specified
10in this subparagraph of the aggregate amount of credit that may
11be allocated pursuant to this section and Section 17059.2 shall
12continue if the repeal dates of the credits allowed by this section
13and Section 17059.2 are removed or extended.
14(2) (A) In addition to the other amounts determined pursuant
15to paragraph (1), the Director of Finance may increase the
16aggregate amount of credit that may be allocated pursuant to this
17section and Section 17059.2 by up to twenty-five million dollars
18($25,000,000) per fiscal year through the 2017-18 fiscal year. The
19amount of any increase made pursuant to this paragraph, when
20combined with any increase made pursuant to paragraph (2) of
21subdivision (g) of Section 17059.2, shall not exceed twenty-five
22million dollars ($25,000,000) per fiscal year through the 2017-18
23fiscal year.
24(B) It is the intent of the Legislature that the Director of Finance
25increase the aggregate amount under subparagraph (A) in order to
26mitigate the reduction of the amount available due to the credit
27allowed to all qualified taxpayers pursuant to subparagraph (A) or
28(B) of paragraph (1) of subdivision (c) of Section 23636.
29(3) Each fiscal year, 25 percent of the aggregate amount of the
30credit that may be allocated pursuant to this section and Section
3117059.2 shall be reserved for “small business,” as defined in
32Section 17053.73 or 23626.
33(4) Each fiscal year, no more than 20 percent of the aggregate
34amount of the credit that may be allocated pursuant to this section
35shall be allocated to any one taxpayer.
36(h) GO-Biz may prescribe rules and regulations as necessary to
37carry out the purposes of this
section. Any rule or regulation
38prescribed pursuant to this section may be by adoption of an
39emergency regulation in accordance with Chapter 3.5 (commencing
P279 1with Section 11340) of Part 1 of Division 3 of Title 2 of the
2Government Code.
3(i) (1) A written agreement between GO-Biz and a taxpayer
4with respect to the credit authorized by this section shall not
5restrict, broaden, or otherwise alter the ability of the taxpayer to
6assign that credit or any portion thereof in accordance with Section
723663.
8(2) A written agreement between GO-Biz and a taxpayer with
9respect to the credit authorized by this section must comply with
10existing law on the date the agreement is executed.
11(j) (1) Upon the effective date of this section, the Department
12of Finance shall estimate the total
dollar amount of credits that
13will be claimed under this section with respect to each fiscal year
14from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
15(2) The Franchise Tax Board shall annually provide to the Joint
16Legislative Budget Committee, by no later than March 1, a report
17of the total dollar amount of the credits claimed under this section
18with respect to the relevant fiscal year. The report shall compare
19the total dollar amount of credits claimed under this section with
20respect to that fiscal year with the department’s estimate with
21respect to that same fiscal year. If the total dollar amount of credits
22claimed for the fiscal year is less than the estimate for that fiscal
23year, the report shall identify options for increasing annual claims
24of the credit so as to meet estimated amounts.
25(k) This section is repealed on December 1, 2025.
begin insertSection 30162 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
27amended to read:end insert
If the department is unable to collect any tolls due to
29insolvency of the obligor, or if the cost of collection of any tolls
30would be excessive by reason of the smallness of the amount due,
31the department may apply to thebegin delete California Victim Compensation begin insert Controllerend insert for discharge from
32and Government Claims Boardend delete
33accountability for the collection thereof in the manner provided
34in Sections 13940 to 13943, inclusive, of the Government Code.
begin insertSection 1095 of the end insertbegin insertUnemployment Insurance Codeend insert
36
begin insert is amended to read:end insert
The director shall permit the use of any information in
38his or her possession to the extent necessary for any of the
39following purposes and may require reimbursement for all direct
40costs incurred in providing any and all information specified in
P280 1this section, except information specified in subdivisions (a) to
2(e), inclusive:
3(a) To enable the director or his or her representative to carry
4out his or her responsibilities under this code.
5(b) To properly present a claim for benefits.
6(c) To acquaint a worker or his or her authorized agent with his
7or her existing or prospective right to benefits.
8(d) To furnish an employer or his or her authorized agent with
9information to enable him or her to fully discharge his or her
10obligations or safeguard his or her rights under this division or
11Division 3 (commencing with Section 9000).
12(e) To enable an employer to receive a reduction in contribution
13rate.
14(f) To enable federal, state, or local governmental departments
15or agencies, subject to federal law, to verify or determine the
16eligibility or entitlement of an applicant for, or a recipient of, public
17social services provided pursuant to Division 9 (commencing with
18Section 10000) of the Welfare and Institutions Code, or Part A of
19begin delete Titleend deletebegin insert Subchapterend insert IV of the federal Social
Security Act (42 U.S.C.
20Sec. 601 et seq.), when the verification or determination is directly
21connected with, and limited to, the administration of public social
22services.
23(g) To enable county administrators of general relief or
24assistance, or their representatives, to determine entitlement to
25locally provided general relief or assistance, when the
26determination is directly connected with, and limited to, the
27administration of general relief or assistance.
28(h) To enable state or local governmental departments or
29agencies to seek criminal, civil, or administrative remedies in
30connection with the unlawful application for, or receipt of, relief
31provided under Division 9 (commencing with Section 10000) of
32the Welfare and Institutions Code or to enable the collection of
33expenditures for medical assistance services pursuant to Part 5
34(commencing with Section 17000) of Division 9 of the
Welfare
35and Institutions Code.
36(i) To provide any law enforcement agency with the name,
37address, telephone number, birth date, social security number,
38physical description, and names and addresses of present and past
39employers, of any victim, suspect, missing person, potential
40witness, or person for whom a felony arrest warrant has been
P281 1issued, when a request for this information is made by any
2investigator or peace officer as defined by Sections 830.1 and
3830.2 of the Penal Code, or by any federal law enforcement officer
4to whom the Attorney General has delegated authority to enforce
5federal search warrants, as defined under Sections 60.2 and 60.3
6of Title 28 of the Code of Federal Regulations, as amended, and
7when the requesting officer has been designated by the head of
8the law enforcement agency and requests this information in the
9course of and as a part of an investigation into the commission of
10a crime when there is a reasonable
suspicion that the crime is a
11felony and that the information would lead to relevant evidence.
12The information provided pursuant to this subdivision shall be
13provided to the extent permitted by federal law and regulations,
14and to the extent the information is available and accessible within
15the constraints and configurations of existing department records.
16Any person who receives any information under this subdivision
17shall make a written report of the information to the law
18enforcement agency that employs him or her, for filing under the
19normal procedures of that agency.
20(1) This subdivision shall not be construed to authorize the
21release to any law enforcement agency of a general list identifying
22individuals applying for or receiving benefits.
23(2) The department shall maintain records pursuant to this
24subdivision only for periods required under regulations or statutes
25enacted
for the administration of its programs.
26(3) This subdivision shall not be construed as limiting the
27information provided to law enforcement agencies to that pertaining
28only to applicants for, or recipients of, benefits.
29(4) The department shall notify all applicants for benefits that
30release of confidential information from their records will not be
31protected should there be a felony arrest warrant issued against
32the applicant or in the event of an investigation by a law
33enforcement agency into the commission of a felony.
34(j) To provide public employee retirement systems in California
35with information relating to the earnings of any person who has
36applied for or is receiving a disability income, disability allowance,
37or disability retirement allowance, from a public employee
38retirement system. The earnings
information shall be released only
39upon written request from the governing board specifying that the
40person has applied for or is receiving a disability allowance or
P282 1disability retirement allowance from its retirement system. The
2request may be made by the chief executive officer of the system
3or by an employee of the system so authorized and identified by
4name and title by the chief executive officer in writing.
5(k) To enable the Division of Labor Standards Enforcement in
6the Department of Industrial Relations to seek criminal, civil, or
7administrative remedies in connection with the failure to pay, or
8the unlawful payment of, wages pursuant to Chapter 1
9(commencing with Section 200) of Part 1 of Division 2 of, and
10Chapter 1 (commencing with Section 1720) of Part 7 of Division
112 of, the Labor Code.
12(l) To enable federal, state, or local governmental departments
13or agencies
to administer child support enforcement programs
14under Part D of Title IV of the federal Social Security Act (42
15U.S.C. Sec. 651 et seq.).
16(m) To provide federal, state, or local governmental departments
17or agencies with wage and claim information in its possession that
18will assist those departments and agencies in the administration
19of the Victims of Crime Program or in the location of victims of
20crime who, by state mandate or court order, are entitled to
21restitution that has been or can be recovered.
22(n) To provide federal, state, or local governmental departments
23or agencies with information concerning any individuals who are
24or have been:
25(1) Directed by state mandate or court order to pay restitution,
26fines, penalties, assessments, or fees as a result of a violation of
27law.
28(2) Delinquent or in default on guaranteed student loans or who
29owe repayment of funds received through other financial assistance
30programs administered by those agencies. The information released
31by the director for the purposes of this paragraph shall not include
32unemployment insurance benefit information.
33(o) To provide an authorized governmental agency with any or
34all relevant information that relates to any specific workers’
35compensation insurance fraud investigation. The information shall
36be provided to the extent permitted by federal law and regulations.
37For the purposes of this subdivision, “authorized governmental
38agency” means the district attorney of any county, the office of
39the Attorney General, the Contractors’ State License Board, the
40Department of Industrial Relations, and the Department of
P283 1Insurance. An authorized governmental agency may disclose this
2information to
the State Bar, the Medical Board of California, or
3any other licensing board or department whose licensee is the
4subject of a workers’ compensation insurance fraud investigation.
5This subdivision shall not prevent any authorized governmental
6agency from reporting to any board or department the suspected
7misconduct of any licensee of that body.
8(p) To enable the Director of Consumer Affairs, or his or her
9representatives, to access unemployment insurance quarterly wage
10data on a case-by-case basis to verify information on school
11administrators, school staff, and students provided by those schools
12who are being investigated for possible violations of Chapter 8
13(commencing with Section 94800) of Part 59 of Division 10 of
14Title 3 of the Education Code.
15(q) To provide employment tax information to the tax officials
16of Mexico, if a reciprocal agreement exists. For purposes of this
17
subdivision, “reciprocal agreement” means a formal agreement to
18exchange information between national taxing officials of Mexico
19and taxing authorities of the State Board of Equalization, the
20Franchise Tax Board, and the Employment Development
21Department. Furthermore, the reciprocal agreement shall be limited
22to the exchange of information that is essential for tax
23administration purposes only. Taxing authorities of the State of
24California shall be granted tax information only on California
25residents. Taxing authorities of Mexico shall be granted tax
26information only on Mexican nationals.
27(r) To enable city and county planning agencies to develop
28economic forecasts for planning purposes. The information shall
29be limited to businesses within the jurisdiction of the city or county
30whose planning agency is requesting the information, and shall
31not include information regarding individual employees.
32(s) To provide the State Department of Developmental Services
33with wage and employer information that will assist in the
34collection of moneys owed by the recipient, parent, or any other
35legally liable individual for services and supports provided pursuant
36to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
37and Chapter 2 (commencing with Section 7200) and Chapter 3
38(commencing with Section 7500) of Division 7 of, the Welfare
39and Institutions Code.
P284 1(t) To provide the State Board of Equalization with employment
2tax information that will assist in the administration of tax
3programs. The information shall be limited to the exchange of
4employment tax information essential for tax administration
5purposes to the extent permitted by federal law and regulations.
6(u) Nothing in this section shall be construed to authorize
or
7permit the use of information obtained in the administration of this
8code by any private collection agency.
9(v) The disclosure of the name and address of an individual or
10business entity that was issued an assessment that included
11penalties under Section 1128 or 1128.1 shall not be in violation
12of Section 1094 if the assessment is final. The disclosure may also
13include any of the following:
14(1) The total amount of the assessment.
15(2) The amount of the penalty imposed under Section 1128 or
161128.1 that is included in the assessment.
17(3) The facts that resulted in the charging of the penalty under
18Section 1128 or 1128.1.
19(w) To enable the Contractors’ State License Board to verify
20the
employment history of an individual applying for licensure
21pursuant to Section 7068 of the Business and Professions Code.
22(x) To provide any peace officer with the Division of
23Investigation in the Department of Consumer Affairs information
24pursuant to subdivision (i) when the requesting peace officer has
25been designated by the chief of the Division of Investigation and
26requests this information in the course of and as part of an
27investigation into the commission of a crime or other unlawful act
28when there is reasonable suspicion to believe that the crime or act
29may be connected to the information requested and would lead to
30relevant information regarding the crime or unlawful act.
31(y) To enable the Labor Commissioner of the Division of Labor
32Standards Enforcement in the Department of Industrial Relations
33to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
34uninsured
employers. The information shall be provided to the
35extent permitted by federal law and regulations.
36(z) To enable the Chancellor of the California Community
37Colleges, in accordance with the requirements of Section 84754.5
38of the Education Code, to obtain quarterly wage data, commencing
39January 1, 1993, on students who have attended one or more
40community colleges, to assess the impact of education on the
P285 1employment and earnings of students, to conduct the annual
2evaluation of district-level and individual college performance in
3achieving priority educational outcomes, and to submit the required
4reports to the Legislature and the Governor. The information shall
5be provided to the extent permitted by federal statutes and
6regulations.
7(aa) To enable the Public Employees’ Retirement System to
8seek criminal, civil, or administrative remedies in connection with
9the unlawful application
for, or receipt of, benefits provided under
10Part 3 (commencing with Section 20000) of Division 5 of Title 2
11of the Government Code.
12(ab) To enable the State Department of Education, the University
13of California, the California State University, and the Chancellor
14of the California Community Colleges, pursuant to the
15requirements prescribed by the federal American Recovery and
16Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
17wage data, commencing July 1, 2010, on students who have
18attended their respective systems to assess the impact of education
19on the employment and earnings of those students, to conduct the
20annual analysis of district-level and individual district or
21postsecondary education system performance in achieving priority
22educational outcomes, and to submit the required reports to the
23Legislature and the Governor. The information shall be provided
24to the extent permitted by federal statutes and regulations.
25(ac) To provide the Agricultural Labor Relations Board with
26employee, wage, and employer information, for use in the
27investigation or enforcement of the
28Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
29Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
302 of the Labor Code). The information shall be provided to the
31extent permitted by federal statutes and regulations.
32(ad) (1) To enable the State Department of Health Care
33Services, the California Health Benefit Exchange, the Managed
34Risk Medical Insurance Board, and county departments and
35agencies to obtain information regarding employee wages,
36California employer names and account numbers, employer reports
37of wages and number of employees, and disability insurance and
38unemployment insurance claim information, for the purpose of:
39(A) Verifying or determining the eligibility of an applicant for,
40or a recipient of, state health subsidy programs, limited to the
P286 1Medi-Cal program, provided pursuant to Chapter 7 (commencing
2with Section 14000) of Part 3 of Division 9 of the Welfare and
3Institutions Code, and the Access for Infants and Mothers Program,
4provided pursuant to Part 6.3 (commencing with Section 12695)
5of Division 2 of the Insurance Code, when the verification or
6determination is directly connected with, and limited to, the
7administration of the state health subsidy programs referenced in
8this subparagraph.
9(B) Verifying or determining the eligibility of an applicant for,
10or a recipient of, federal subsidies offered through the California
11Health Benefit Exchange, provided pursuant to Title 22
12(commencing with Section 100500) of the Government Code,
13including federal tax credits and cost-sharing assistance pursuant
14to the federal Patient Protection and
Affordable Care Act (Public
15Law 111-148), as amended by the federal Health Care and
16Education Reconciliation Act of 2010 (Public Law 111-152), when
17the verification or determination is directly connected with, and
18limited to, the administration of the California Health Benefit
19Exchange.
20(C) Verifying or determining the eligibility of employees and
21employers for health coverage through the Small Business Health
22Options Program, provided pursuant to Section 100502 of the
23Government Code, when the verification or determination is
24directly connected with, and limited to, the administration of the
25Small Business Health Options Program.
26(2) The information provided under this subdivision shall be
27subject to the requirements of, and provided to the extent permitted
28by, federal law and regulations, including Part 603 of Title 20 of
29the Code of Federal Regulations.
30(ae) To provide any peace officer with the Investigations
31Division of the Department of Motor Vehicles with information
32pursuant to subdivision (i), when the requesting peace officer has
33been designated by the Chief of the Investigations Division and
34requests this information in the course of, and as part of, an
35investigation into identity theft, counterfeiting, document fraud,
36or consumer fraud, and there is reasonable suspicion that the crime
37is a felony and that the information would lead to relevant evidence
38regarding the identity theft, counterfeiting, document fraud, or
39consumer fraud. The information provided pursuant to this
40subdivision shall be provided to the extent permitted by federal
P287 1law and regulations, and to the extent the information is available
2and accessible within the constraints and configurations of existing
3department records. Any person who receives any information
4under this subdivision shall make a written report of the
5
information to the Investigations Division of the Department of
6Motor Vehicles, for filing under the normal procedures of that
7division.
8(af) Until January 1, 2020, to enable the Department of Finance
9to prepare and submit the report required by Section 13084 of the
10Government Code that identifies all employers in California that
11employ 100 or more employees who receive benefits from the
12Medi-Cal program (Chapter 7 (commencing with Section 14000)
13of Part 3 of Division 9 of the Welfare and Institutions Code). The
14information used for this purpose shall be limited to information
15obtained pursuant to Section 11026.5 of the Welfare and
16Institutions Code and from the administration of personal income
17tax wage withholding pursuant to Division 6 (commencing with
18Section 13000) and the disability insurance program and may be
19disclosed to the Department of Finance only for the purpose of
20preparing and submitting the report and only to the extent not
21
prohibited by federal law.
22(ag) To provide, to the extent permitted by federal law and
23regulations, the Student Aid Commission with wage information
24in order to verify the employment status of an individual applying
25for a Cal Grant C award pursuant to subdivision (c) of Section
2669439 of the Education Code.
27(ah) To enable the Department of Corrections and Rehabilitation
28to obtain quarterly wage data of former inmates who have been
29incarcerated within the prison system in order to assess the impact
30of rehabilitation services or the lack of these services on the
31employment and earnings of these former inmates. Quarterly data
32for a former inmate’s employment status and wage history shall
33be provided for a period of one year, three years, and five years
34following release. The data shall only be used for the purpose of
35tracking outcomes for former inmates in order to assess the
36
effectiveness of rehabilitation strategies on the wages and
37employment histories of those formerly incarcerated. The
38information shall be provided to the department to the extent not
39prohibited by federal law.
P288 1(ai) To enable federal, state, or local government departments
2or agencies, or their contracted agencies, subject to federal law,
3including the confidentiality, disclosure, and other requirements
4set forth in Part 603 of Title 20 of the Code of Federal Regulations,
5to evaluate, research, or forecast the effectiveness of public social
6services programs administered pursuant to Division 9
7(commencing with Section 10000) of the Welfare and Institutions
8Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
9Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
10research, or forecast is directly connected with, and limited to, the
11administration of the public social services programs.
12
(aj) To enable the California Workforce Development Board,
13the Chancellor of the California Community Colleges, the
14Superintendent of Public Instruction, the Department of
15Rehabilitation, the State Department of Social Services, the Bureau
16for Private Postsecondary Education, the Department of Industrial
17Relations, the Division of Apprenticeship Standards, and the
18Employment Training Panel to access any relevant quarterly wage
19data necessary for the evaluation and reporting of their respective
20program performance outcomes as required and permitted by
21various state and federal laws pertaining to performance
22measurement and program evaluation under the federal Workforce
23Innovation and Opportunity Act (Public Law 113-128); the
24workforce performance metrics dashboard pursuant to paragraph
25(1) of subdivision (i) of Section 14013; the Adult Education Block
26Grant Program consortia performance metrics pursuant to Section
2784920 of the Education Code; the
economic and workforce
28development program performance measures pursuant to Section
2988650 of the Education Code; and the California Community
30Colleges Economic and Workforce Development Program
31performance measures established in Part 52.5 (commencing with
32Section 88600) of Division 7 of Title 3 of the Education Code.
begin insertSection 14013 of the end insertbegin insertUnemployment Insurance Codeend insert
34
begin insert is amended to read:end insert
The board shall assist the Governor in the following:
36(a) Promoting the development of a well-educated and highly
37skilled 21st century workforce.
38(b) Developing, implementing, and modifying the State Plan.
39The State Plan shall serve as the comprehensive framework and
40coordinated plan for the aligned investment of all federal and state
P289 1workforce training and employment services funding streams and
2programs. To the extent feasible and when appropriate, the state
3plan should reinforce and work with adult education and career
4technical education efforts that are responsive to labor market
5trends.
6(c) The review of statewide policies, of statewide programs,
7and
of recommendations on actions that should be taken by the
8state to align workforce, education, training, and employment
9funding programs in the state in a manner that supports a
10comprehensive and streamlined workforce development system
11in the state, including the review and provision of comments on
12the State Plan, if any, for programs and activities of one-stop
13partners that are not core programs.
14(d) Developing and continuously improving the statewide
15workforce investment system, including:
16(1) The identification of barriers and means for removing
17barriers to better coordinate, align, and avoid duplication among
18the programs and activities carried out through the system.
19(2) The development of strategies to support the use of career
20pathways for the purpose of providing individuals, including
21low-skilled adults,
youth, and individuals with barriers to
22employment, and including individuals with disabilities, with
23workforce investment activities, education, and supportive services
24to enter or retain employment. To the extent permissible under
25state and federal laws, these policies and strategies should support
26linkages between kindergarten and grades 1 to 12, inclusive, and
27community college educational systems in order to help secure
28educational and career advancement. These policies and strategies
29may be implemented using a sector strategies framework and
30should ultimately lead to placement in a job providing economic
31security or job placement in an entry-level job that has a
32well-articulated career pathway or career ladder to a job providing
33economic security.
34(3) The development of strategies for providing effective
35outreach to and improved access for individuals and employers
36who could benefit from services provided through the workforce
37development
system.
38(4) The development and expansion of strategies for meeting
39the needs of employers, workers, and jobseekers, particularly
40through industry or sector partnerships related to in-demand
P290 1industry sectors and occupations, including policies targeting
2resources to competitive and emerging industry sectors and industry
3clusters that provide economic security and are either high-growth
4sectors or critical to California’s economy, or both. These industry
5sectors and clusters shall have significant economic impacts on
6the state and its regional and workforce development needs and
7have documented career opportunities.
8(5) Recommending adult and dislocated worker training policies
9and investments that offer a variety of career opportunities while
10upgrading the skills of California’s workforce. These may include
11training policies and investments pertaining to any of the following:
12(A) Occupational skills training, including training for
13nontraditional employment.
14(B) On-the-job training.
15(C) Incumbent worker training in accordance with Section
163174(d)(4) of Title 29 of the United States Code.
17(D) Programs that combine workplace training with related
18instruction, which may include cooperative education programs.
19(E) Training programs operated by the private sector.
20(F) Skill upgrading and retraining.
21(G) Entrepreneurial training.
22(H) Transitional jobs in accordance with Section
3174 (d)(5)
23of Title 29 of the United States Code.
24(I) Job readiness training provided in combination with any of
25the services described in subparagraphs (A) to (H), inclusive.
26(J) Adult education and literacy activities provided in
27combination with any of the services described in subparagraphs
28(A) to (G), inclusive.
29(K) Customized training conducted with a commitment by an
30employer or group of employers to employ an individual upon
31successful completion of the training.
32(e) The identification of regions, including planning regions,
33for the purposes of Section 3121(a) of Title 29 of the United States
34Code, and the designation of local areas under Section 3121 of
35Title 29 of the United States Code, after consultation with local
36boards and chief elected
officials.
37(f) The development and continuous improvement of the
38one-stop delivery system in local areas, including providing
39assistance to local boards, one-stop operators, one-stop partners,
40and providers with planning and delivering services, including
P291 1training services and supportive services, to support effective
2delivery of services to workers, job seekers, and employers.
3(g) Recommending strategies to the Governor for strategic
4training investments of the Governor’s 15-percent discretionary
5funds.
6(h) Developing strategies to support staff training and awareness
7across programs supported under the workforce development
8system.
9(i) The development and updating of comprehensive state
10performance accountability measures, including state adjusted
11
levels of performance, to assess the effectiveness of the core
12programs in the state as required under Section 3141(b) of Title
1329 of the United States Code. As part of this process the board
14shall do all of the following:
15(1) Develop a workforce metrics dashboard, to be updated
16annually, that measures the state’s human capital investments in
17workforce development to better understand the collective impact
18of these investments on the labor market. The workforce metrics
19dashboard shall be produced using existing available data and
20resources that are currently collected and accessible to state
21agencies. The board shall convene workforce program partners to
22develop a standardized set of inputs and outputs for the workforce
23metrics dashboard. The workforce metrics dashboard shall do all
24of the following:
25(A) Provide a status report on credential attainment, training
26completion, degree
attainment, and participant earnings from
27workforce education and training programs. The board shall publish
28and distribute the final report.
29(B) Provide demographic breakdowns, including, to the extent
30possible, race, ethnicity, age, gender, veteran status, wage and
31credential or degree outcomes, and information on workforce
32outcomes in different industry sectors.
33(C) Measure, at a minimum and to the extent feasible with
34existing resources, the performance of the following workforce
35programs: community college career technical education, the
36Employment Training Panel, Title I and Title II of the federal
37Workforce Investment Act of 1998, Trade Adjustment Assistance,
38and state apprenticeship programs.
39(D) Measure participant earnings in California, and to the extent
40feasible, in other states. The Employment
Development Department
P292 1shall assist the board by calculating aggregated participant earnings
2using unemployment insurance wage records, without violating
3any applicable confidentiality requirements.
4(2) The State Department of Education is hereby authorized to
5collect the social security numbers of adults participating in adult
6education programs so that accurate participation in those programs
7can be represented in the report card. However, an individual shall
8not be denied program participation if he or she refuses to provide
9a social security number. The State Department of Education shall
10keep this informationbegin delete confidential and shall only use this begin insert confidential, except, the State
11information for tracking purposes,end delete
12Department of Education is authorized to share this information,
13
unless prohibited by federal law, with the Employment
14Development Department, who shall keep the information
15confidential and use it only to track the labor market outcomes of
16program participantsend insert in compliance with all applicable state and
17federalbegin delete law.end deletebegin insert laws and mandates, including all performance
18reporting requirements under the Workforce Innovation and
19Opportunity Act. end insert
20(3) (A) Participating workforce programs, as specified in
21subparagraph (C) of paragraph (1), shall provide participant data
22in a standardized format to the Employment Development
23Department.
24(B) The Employment Development Department shall aggregate
25data
provided by participating workforce programs and shall report
26the data, organized by demographics, earnings, and industry of
27employment, to the board to assist the board in producing the
28annual workforce metrics dashboard.
29(j) The identification and dissemination of information on best
30practices, including best practices for all of the following:
31(1) The effective operation of one-stop centers, relating to the
32use of business outreach, partnerships, and service delivery
33strategies, including strategies for serving individuals with barriers
34to employment.
35(2) The development of effective local boards, which may
36include information on factors that contribute to enabling local
37boards to exceed negotiated local levels of performance, sustain
38fiscal integrity, and achieve other measures of effectiveness.
39(3) Effective training programs that respond to real-time labor
40market analysis, that effectively use direct assessment and prior
P293 1learning assessment to measure an individual’s prior knowledge,
2skills, competencies, and experiences, and that evaluate such skills,
3and competencies for adaptability, to support efficient placement
4into employment or career pathways.
5(k) The development and review of statewide policies affecting
6the coordinated provision of services through the state’s one-stop
7delivery system described in Section 3151(e) of Title 29 of the
8United States Code, including the development of all of the
9following:
10(1) Objective criteria and procedures for use by local boards in
11assessing the effectiveness and continuous improvement of
12one-stop centers described in Section 3151(e) of Title 29 of the
13 United
States Code.
14(2) Guidance for the allocation of one-stop center infrastructure
15funds under Section 3151(h) of Title 29 of the United States Code.
16(3) Policies relating to the appropriate roles and contributions
17of entities carrying out one-stop partner programs within the
18one-stop delivery system, including approaches to facilitating
19equitable and efficient cost allocation in such a system.
20(l) The development of strategies for technological
21improvements to facilitate access to, and improve the quality of,
22services and activities provided through the one-stop delivery
23system, including such improvements to all of the following:
24(1) Enhance digital literacy skills, as defined in Section 9101
25of Title 20 of the United States Code, referred to in this
division
26as “digital literacy skills.”
27(2) Accelerate the acquisition of skills and recognized
28postsecondary credentials by participants.
29(3) Strengthen the professional development of providers and
30workforce professionals.
31(4) Ensure the technology is accessible to individuals with
32disabilities and individuals residing in remote areas.
33(m) The development of strategies for aligning technology and
34data systems across one-stop partner programs to enhance service
35delivery and improve efficiencies in reporting on performance
36accountability measures, including the design and implementation
37of common intake, data collection, case management information,
38and performance accountability measurement and reporting
39processes and the incorporation of local input
into such design and
P294 1implementation, to improve coordination of services across
2one-stop partner programs.
3(n) The development of allocation formulas for the distribution
4of funds for employment and training activities for adults, and
5youth workforce investment activities, to local areas as permitted
6under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
7States Code.
8(o) The preparation of the annual reports described in paragraphs
9(1) and (2) of Section 3141(d) of Title 29 of the United States
10Code.
11(p) The development of the statewide workforce and labor
12market information system described in Section 49l-2(e) of Title
1329 of the United States Code.
14(q) The development of such other policies as may promote
15statewide objectives for, and
enhance the performance of, the
16workforce development system in the state.
17(r) Helping individuals with barriers to employment, including
18low-skill, low-wage workers, the long-term unemployed, and
19members of single-parent households, achieve economic security
20and upward mobility by implementing policies that encourage the
21attainment of marketable skills relevant to current labor market
22trends.
begin insertSection 1752.81 of the end insertbegin insertWelfare and Institutions Codeend insert
24
begin insert is amended to read:end insert
(a) Whenever the Director of the Division of Juvenile
26Justice has in his or her possession in trust funds of a ward
27committed to the division, the funds may be released for any
28purpose when authorized by the ward. When the sum held in trust
29for any ward by the director exceeds five hundred dollars ($500),
30the amount in excess of five hundred dollars ($500) may be
31expended by the director pursuant to a lawful order of a court
32directing payment of the funds, without the authorization of the
33ward thereto.
34(b) Whenever an adult or minor is committed to or housed in a
35Division of Juvenile Facilities facility and he or she owes a
36restitution fine imposed pursuant to Section 13967 of the
37Government Code, as operative on or before September 28, 1994,
38or Section 1202.4
or 1203.04 of the Penal Code, as operative on
39or before August 2, 1995, or pursuant to Section 729.6, 730.6 or
40731.1, as operative on or before August 2, 1995, the director shall
P295 1deduct the balance owing on the fine amount from the trust account
2deposits of a ward, up to a maximum of 50 percent of the total
3amount held in trust, unless prohibited by federal law. The director
4shall transfer that amount to the California Victim Compensation
5begin delete and Government Claimsend delete Board for deposit in the Restitution Fund
6in the State Treasury. Any amount so deducted shall be credited
7against the amount owing on the fine. The sentencing court shall
8be provided a record of the payments.
9(c) Whenever an adult or minor is committed to, or housed in,
10a Division of Juvenile Facilities facility and he or she owes
11restitution to a victim imposed pursuant to Section 13967 of the
12Government
Code, as operative on or before September 28, 1994,
13or Section 1202.4 or 1203.04 of the Penal Code, as operative on
14or before August 2, 1995, or pursuant to Section 729.6, 730.6, or
15731.1, as operative on or before August 2, 1995, the director shall
16deduct the balance owing on the order amount from the trust
17account deposits of a ward, up to a maximum of 50 percent of the
18total amount held in trust, unless prohibited by federal law. The
19director shall transfer that amount directly to the victim. If the
20restitution is owed to a person who has filed an application with
21the Victims of Crime Program, the director shall transfer that
22amount to the California Victim Compensationbegin delete and Government Board for direct payment to the victim or payment shall
23Claimsend delete
24be made to the Restitution Fund to the extent that the victim has
25received assistance pursuant to that program. The sentencing court
26shall be provided a record of the payments
made to victims and
27of the payments deposited to the Restitution Fund pursuant to this
28subdivision.
29(d) Any compensatory or punitive damages awarded by trial or
30settlement to a minor or adult committed to the Division of Juvenile
31Facilities in connection with a civil action brought against any
32federal, state, or local jail or correctional facility, or any official
33or agent thereof, shall be paid directly, after payment of reasonable
34attorney’s fees and litigation costs approved by the court, to satisfy
35any outstanding restitution orders or restitution fines against the
36minor or adult. The balance of any award shall be forwarded to
37the minor or adult committed to the Division of Juvenile Facilities
38after full payment of all outstanding restitution orders and
39restitution fines subject to subdivision (e). The Division of Juvenile
40Facilities shall make all reasonable efforts to notify the victims of
P296 1the crime for which the minor or adult was
committed concerning
2the pending payment of any compensatory or punitive damages.
3This subdivision shall apply to cases settled or awarded on or after
4April 26, 1996, pursuant to Sections 807 and 808 of Title VIII of
5the federal Prison Litigation Reform Act of 1995 (P.L. 104-134;
618 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
7(e) The director shall deduct and retain from the trust account
8deposits of a ward, unless prohibited by federal law, an
9administrative fee that totals 10 percent of any amount transferred
10pursuant to subdivision (b) and (c), or 5 percent of any amount
11transferred pursuant to subdivision (d). The director shall deposit
12the administrative fee moneys in a special deposit account for
13reimbursing administrative and support costs of the restitution and
14victims program of the Division of Juvenile Facilities. The director,
15at his or her discretion, may retain any excess funds in the special
16deposit account for future
reimbursement of the division’s
17administrative and support costs for the restitution and victims
18program or may transfer all or part of the excess funds for deposit
19in the Restitution Fund.
20(f) When a ward has both a restitution fine and a restitution
21order from the sentencing court, the Division of Juvenile Facilities
22shall collect the restitution order first pursuant to subdivision (c).
23(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
24director holds in trust a ward’s funds in excess of five dollars ($5)
25and the ward cannot be located, after one year from the date of
26discharge, absconding from the Division of Juvenile Facilities
27supervision, or escape, the Division of Juvenile Facilities shall
28apply the trust account balance to any unsatisfied victim restitution
29order or fine owed by that ward. If the victim restitution order or
30fine has been satisfied, the
remainder of the ward’s trust account
31balance, if any, shall be transferred to the Benefit Fund to be
32expended pursuant to Section 1752.5. If the victim to whom a
33particular ward owes restitution cannot be located, the moneys
34shall be transferred to the Benefit Fund to be expended pursuant
35to Section 1752.5.
begin insertSection 1752.82 of the end insertbegin insertWelfare and Institutions Codeend insert
37
begin insert is amended to read:end insert
(a) Whenever an adult or minor is committed to or
39housed in a Youth Authority facility and he or she owes restitution
40to a victim or a restitution fine imposed pursuant to Section 13967,
P297 1as operative on or before September 28, 1994, of the Government
2Code, or Section 1202.4 of the Penal Code, or Section 1203.04,
3as operative on or before August 2, 1994, of the Penal Code, or
4pursuant to Section 729.6, as operative on or before August 2,
51995, Section 730.6 or 731.1, as operative on or before August 2,
61995, the director may deduct a reasonable amount not to exceed
750 percent from the wages of that adult or minor and the amount
8so deducted, exclusive of the costs of administering this section,
9which shall be retained by the director, shall be transferred to the
10California Victim
Compensationbegin delete and Government Claimsend delete
Board
11for deposit in the Restitution Fund in the State Treasury in the case
12of a restitution fine, or, in the case of a restitution order, and upon
13the request of the victim, shall be paid directly to the victim. Any
14amount so deducted shall be credited against the amount owing
15on the fine or to the victim. The committing court shall be provided
16a record of any payments.
17(b) A victim who has requested that restitution payments be
18paid directly to him or her pursuant to subdivision (a) shall provide
19a current address to the Youth Authority to enable the Youth
20Authority to send restitution payments collected on the victim’s
21behalf to the victim.
22(c) In the case of a restitution order, whenever the victim has
23died, cannot be located, or has not requested the restitution
24payment, the director may deduct a reasonable amount not to
25exceed 50 percent of the wages of
that adult or minor and the
26amount so deducted, exclusive of the costs of administering this
27section, which shall be retained by the director, shall be transferred
28to the California Victim Compensationbegin delete and Government Claimsend delete
29 Board, pursuant to subdivision (d), after one year has elapsed from
30the time the ward is discharged by the Youth Authority Board.
31Any amount so deducted shall be credited against the amount
32owing to the victim. The funds so transferred shall be deposited
33in the Restitution Fund.
34(d) If the Youth Authority has collected restitution payments
35on behalf of a victim, the victim shall request those payments no
36later than one year after the ward has been discharged by the Youth
37Authority Board. Any victim who fails to request those payments
38within that time period shall have relinquished all rights to the
39payments, unless he or she can show
reasonable cause for failure
40to request those payments within that time period.
P298 1(e) The director shall transfer to the California Victim
2Compensationbegin delete and Government Claimsend delete Board all restitution
3payments collected prior to the effective date of this section on
4behalf of victims who have died, cannot be located, or have not
5requested restitution payments. The California Victim
6Compensationbegin delete and Government Claimsend delete Board shall deposit these
7amounts in the Restitution Fund.
8(f) For purposes of this section, “victim” includes a victim’s
9immediate surviving family member, on whose behalf restitution
10has been ordered.
begin insertSection 4461 of the end insertbegin insertWelfare and Institutions Codeend insert
12
begin insert is amended to read:end insert
(a) All expenses incurred in returning such persons to
14other states shall be paid by this state, the person, or his or her
15relatives, but the expense of returning residents of this state shall
16be borne by the state making the returns.
17(b) The cost and expense incurred in effecting the transportation
18of the nonresident persons to the states in which they have
19residence shall be advanced from the funds appropriated for that
20purpose or, if necessary, from the money appropriated for the care
21of developmentally disabled persons upon vouchers approved by
22thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Services.end insert
23Board.end delete
begin insertSection 11212 of the end insertbegin insertWelfare and Institutions Codeend insert
25
begin insert is amended to read:end insert
(a) The state, through the county welfare department,
27shall reimburse the foster parent or foster parents for the cost of
28the burial plot and funeral expenses incurred for any child who,
29at the time of death, is receiving foster care, as defined in Section
3011251, to the extent that the foster parent or foster parents are not
31otherwise reimbursed for costs incurred for those purposes.
32(b) The state, through the county welfare department, shall pay
33the burial costs and funeral expenses directly to the funeral home
34and the burial plot owner when either one of the following
35conditions exists:
36(1) The foster parent or foster parents request the direct payment.
37(2) The child’s death is due to alleged criminal negligence or
38other alleged criminal action on the part of the foster parent or
39foster parents.
P299 1(c) The foster parent, or the funeral home and burial plot
2provider, shall file a claim for reimbursement of costs with the
3county welfare department at the time and in the manner specified
4by the department. The county welfare department shall pay the
5claims in an amount not to exceed the level of reimbursement
6allowed by the California Victim Compensationbegin delete and Government Board for burial costs and funeral expenses under its
7Claimsend delete
8Victims of Violent Crimes program, which is contained in Article
91 (commencing with Section 13959) of Chapter 5 of Part 4 of
10Division 3 of Title 2 of the Government Code. Claims for the burial
11costs and funeral expenses
for a foster child shall be paid out of
12funds appropriated annually to the department for those purposes.
begin insertSection 14171.5 of the end insertbegin insertWelfare and Institutions Codeend insert
14
begin insert is amended to read:end insert
Any institutional provider of health care services that
16obtained reimbursement under this chapter to which it is not
17entitled shall be subject to the following interest charges or
18penalties:
19(a) When it is established upon audit that the provider has
20claimed payments under this chapter to which it is not entitled, the
21provider shall pay, in addition to the amount improperly received,
22interest at the rate specified by subdivision (h) of Section 14171.
23(b) When it is established upon audit that the provider claimed
24payments related to services or costs that the department had
25previously notified the provider in an audit report that the costs or
26services were not reimbursable, the
provider shall pay in addition
27to the amount improperly claimed, a penalty of 10 percent of the
28amount improperly claimed after this notice, plus the cost of the
29audit. In addition, interest shall be assessed at the rate specified in
30subdivision (h) of Section 14171. Providers who wish to preserve
31appeal rights or to challenge the department’s positions regarding
32appeal issues, may claim the cost or services and not be reimbursed
33therefor if they are identified and presented separately on the cost
34report.
35(c) When it is established that the provider fraudulently claimed
36and received payments under this chapter, the provider shall pay
37a penalty of 25 percent of the amount improperly claimed, plus
38the cost of the audit, in addition to the amount thereof. In addition,
39interest will be assessed at the rate specified by subdivision (h) of
40Section 14171. A fraudulent claim is a claim upon which the
P300 1provider has been convicted of fraud upon the
program. Nothing
2in this section shall prevent the imposition of any other civil or
3criminal penalties to which the provider may be liable.
4(d) Appeals to action taken in subdivisions (a), (b), and (c) of
5Section 14171.5 above are subject to the administrative appeals
6process provided by Section 14171.
7(e) Penalties paid by providers under subdivisions (a), (b), and
8(c) of Section 14171.5 are not reimbursable by the program.
9(f) As used in this section, “the cost of the audit” includes actual
10hourly wages, travel, and incidental expenses at rates allowable
11bybegin delete California Victim Compensation and Government Claims Boardend delete
12begin insert Department of General Servicesend insert
rules, and applicable overhead
13costs.
begin insertSection 14171.6 of the end insertbegin insertWelfare and Institutions Codeend insert
15
begin insert is amended to read:end insert
(a) (1) Any provider, as defined in paragraph (3),
17that obtains reimbursement under this chapter to which it is not
18entitled shall be subject to interest charges or penalties as specified
19in this section.
20(2) When it is established upon audit that the provider has not
21received reimbursement to which the provider is entitled, the
22department shall pay the provider interest assessed at the rate, and
23in the manner, specified in subdivision (g) of Section 14171.
24(3) For purposes of this section, “provider” means any provider,
25as defined in Section 14043.1.
26(b) When it is
established upon audit that the provider has
27claimed payments under this chapter to which it is not entitled, the
28provider shall pay, in addition to the amount improperly received,
29interest at the rate specified by subdivision (h) of Section 14171.
30(c) (1) When it is established upon audit that the provider
31claimed payments related to services or costs that the department
32had previously notified the provider in an audit report that the costs
33or services were not reimbursable, the provider shall pay, in
34addition to the amount improperly claimed, a penalty of 10 percent
35of the amount improperly claimed after receipt of the notice, plus
36the cost of the audit.
37(2) In addition to the penalty and costs specified by paragraph
38(1), interest shall be assessed at the rate specified in subdivision
39(h) of Section 14171.
P301 1(3) Providers that wish to preserve appeal rights or to challenge
2the department’s positions regarding appeal issues may claim the
3costs or services and not be reimbursed therefor if they are
4identified and presented separately on the cost report.
5(d) (1) When it is established that the provider fraudulently
6claimed and received payments under this chapter, the provider
7shall pay, in addition to that portion of the claim that was
8improperly claimed, a penalty of 300 percent of the amount
9improperly claimed, plus the cost of the audit.
10(2) In addition to the penalty and costs specified by paragraph
11(1), interest shall be assessed at the rate specified by subdivision
12(h) of Section 14171.
13(3) For purposes of this subdivision, a fraudulent claim is a
14claim upon which the provider has
been convicted of fraud upon
15the Medi-Cal program.
16(e) Nothing in this section shall prevent the imposition of any
17other civil or criminal penalties to which the provider may be
18liable.
19(f) Any appeal to any action taken pursuant to subdivision (b),
20(c), or (d) is subject to the administrative appeals process provided
21by Section 14171.
22(g) As used in this section, “cost of the audit” includes actual
23hourly wages, travel, and incidental expenses at rates allowable
24by rules adopted by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert
and
25Government Claims Boardend delete
26applicable overhead costs that are incurred by employees of the
27state in administering this chapter with respect to the performance
28of audits.
29(h) This section shall not apply to any clinic licensed pursuant
30to subdivision (a) of Section 1204 of the Health and Safety Code,
31clinics exempt from licensure under Section 1206 of the Health
32and Safety Code, health facilities licensed under Chapter 2
33(commencing with Section 1250) of Division 2 of the Health and
34Safety Code, or to any provider that is operated by a city, county,
35or school district.
begin insertSection 15634 of the end insertbegin insertWelfare and Institutions Codeend insert
37
begin insert is amended to read:end insert
(a) No care custodian, clergy member, health
39practitioner, mandated reporter of suspected financial abuse of an
40elder or dependent adult, or employee of an adult protective
P302 1services agency or a local law enforcement agency who reports a
2known or suspected instance of abuse of an elder or dependent
3adult shall be civilly or criminally liable for any report required
4or authorized by this article. Any other person reporting a known
5or suspected instance of abuse of an elder or dependent adult shall
6not incur civil or criminal liability as a result of any report
7authorized by this article, unless it can be proven that a false report
8was made and the person knew that the report was false. No person
9required to make a report pursuant to this article, or any person
10taking photographs at his or her discretion, shall incur any civil
or
11criminal liability for taking photographs of a suspected victim of
12abuse of an elder or dependent adult or causing photographs to be
13taken of such a suspected victim or for disseminating the
14photographs with the reports required by this article. However,
15this section shall not be construed to grant immunity from this
16liability with respect to any other use of the photographs.
17(b) No care custodian, clergy member, health practitioner,
18mandated reporter of suspected financial abuse of an elder or
19dependent adult, or employee of an adult protective services agency
20or a local law enforcement agency who, pursuant to a request from
21an adult protective services agency or a local law enforcement
22agency investigating a report of known or suspected abuse of an
23elder or dependent adult, provides the requesting agency with
24access to the victim of a known or suspected instance of abuse of
25an elder or dependent adult, shall incur civil or criminal
liability
26as a result of providing that access.
27(c) The Legislature finds that, even though it has provided
28immunity from liability to persons required to report abuse of an
29elder or dependent adult, immunity does not eliminate the
30possibility that actions may be brought against those persons based
31upon required reports of abuse. In order to further limit the financial
32hardship that those persons may incur as a result of fulfilling their
33legal responsibilities, it is necessary that they not be unfairly
34burdened by legal fees incurred in defending those actions.
35Therefore, a care custodian, clergy member, health practitioner,
36or an employee of an adult protective services agency or a local
37law enforcement agency may present to thebegin delete California Victim begin insert
Department of
38Compensation and Government Claims Boardend delete
39General Servicesend insert a claim for reasonable attorneys’ fees incurred
40in any action against that person on the basis of making a report
P303 1required or authorized by this article if the court has dismissed the
2action upon a demurrer or motion for summary judgment made
3by that person, or if he or she prevails in the action. Thebegin delete California begin insert Department
4Victim Compensation and Government Claims Boardend delete
5of General Servicesend insert shall allow that claim if the requirements of
6this subdivision are met, and the claim shall be paid from an
7appropriation to be made for that purpose. Attorneys’ fees awarded
8pursuant to this section shall not exceed an hourly rate greater than
9the rate charged by the Attorney General at the time the award is
10made and shall not exceed an aggregate amount of
fifty thousand
11dollars ($50,000). This subdivision shall not apply if a public entity
12has provided for the defense of the action pursuant to Section 995
13of the Government Code.
(a) It is the intent of the Legislature that any capitol
15building annex project undertaken pursuant to Article 5.2
16(commencing with Section 9112) of Chapter 1.5 of Part 1 of
17Division 2 of Title 2 of the Government Code incorporate elements
18complementary to the historic capitol, elements to make it efficient
19and sustainable, and historic elements from the existing capitol
20building annex.
21
(b) It is further the intent of the Legislature that any state capitol
22building annex be
designed as a working capitol for the public to
23effectively engage with their elected representatives and their state
24government.
25
(c) It is further the intent of the Legislature that the eastern
26façade of the historic state capitol building be restored as part of
27any project that includes demolition of the existing capitol building
28annex.
The sum of one billion three hundred million dollars
30($1,300,000,000) is hereby transferred, upon direction of the
31Director of Finance to the Controller, from the General Fund to
32the State Project Infrastructure Fund established by Section 14692
33of the Government Code according to the following schedule:
34
(a) One billion dollars ($1,000,000,000) on or after July 1,
352016, but no later than June 30, 2017.
36
(b) Three hundred million
dollars ($300,000,000) on or after
37July 1, 2017.
No reimbursement is required by this act pursuant
39to Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P304 1 district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
This act is a bill providing for appropriations related
8to the Budget Bill within the meaning of subdivision (e) of Section
912 of Article IV of the California Constitution, has been identified
10as related to the budget in the Budget Bill, and shall take effect
11immediately.
It is the intent of the Legislature to enact statutory
13changes relating to the 2016 Budget Act.
O
97